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Voter Empowerment Act of 2013 - Voter Registration Modernization Act of 2013 - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Authorizes automated voter registration of certain individuals and establishes other initiatives to promote voter registration, such as same day registration and voter registration of individuals under 18 years of age. Amends the federal criminal code to prohibit hindering, interfering with, or preventing voter registration. Amends the Help America Vote Act of 2002 (HAVA) to establish requirements for states to promote access to voter registration and voting for individuals with disabilities, including a single office for providing related information. Directs the Election Assistance Commission (EAC) to make grants to eligible states to conduct pilot programs enabling individuals with disabilities to register to vote and vote privately and independently at their own residences (including by telephone). Amends HAVA to reauthorize the program of grants to state and local governments to assure voting access for individuals with disabilities. Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any federal election (voter caging), or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote, or (4) any other evidence so designated by the Commission. Amends the federal criminal code to prohibit a person, including an election official, from knowingly and willfully attempting to or depriving or defrauding the residents of a state of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent. Increases the penalty for voter intimidation. Declares that the right of an individual U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless he or she is serving a felony sentence in a correctional institution at the time of the election. Prescribes enforcement of this right by public or private civil action. Requires each state to notify in writing any individual convicted of a criminal offense under state law, upon release from state custody or upon sentence to probation, that he or she has the right to vote in a federal election and so may register to vote. Voter Confidence and Increased Accessibility Act of 2013 - Amends HAVA to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record. Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved. Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy. Prescribes requirements for: (1) publication of poll tapes, (2) treatment of ballots cast at early voting sites and of absentee ballots, and (3) the counting of provisional ballots that will be treated as votes. Prescribes laboratory conflict-of-interest requirements and prohibitions. Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software. Requires each state, except when the winning candidate had no opponent or received 80% or more of the votes, to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots. Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to EAC for publication. Prohibits certification of the results of any election until completion of audits. Amends HAVA to: (1) add requirements for counting provisional ballots, (2) require each state to allow early voting and facilitate the ability of voters to vote by mail. Amends the Servicemembers Civil Relief Act to extend the guarantee of voting residency to family members of absent military personnel. Amends the Uniformed and Overseas Citizens Absentee Voting Act with respect to pre-election reports on availability and transmission of absentee ballots. Revises the 45-day absentee ballot transmission rule. Permits use of a single absentee ballot application for subsequent elections. Entitles to leave a federal employee who serves as a poll worker. Directs the EAC to: (1) make a grant to each eligible state for poll-worker recruitment and training, and (2) develop materials for a model state poll worker training program. Amends HAVA to make available to any person aggrieved by a violation of uniform and nondiscriminatory election technology and administration requirements the option to file a complaint with the Attorney General or pursue a private right of action to enforce such requirements. Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief state election administration official, unless he or she or a family member is a candidate, to take an active part in political management or in a political campaign for federal office over which such official has supervisory authority. Amends NVRA to treat universities as voter registration agencies. Amends HAVA to establish minimum notification requirements on behalf of voters affected by polling place changes. Directs the Attorney General to: (1) coordinate the establishment of a state-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to, in federal elections; (2) establish and operate a toll-free telephone service to connect directly to such response system; and (3) appoint a Voter Hotline Task Force. Makes requirements of the National Voter Registration Act of 1993 and HAVA applicable to the Commonwealth of the Northern Mariana Islands. Amends HAVA to: (1) reauthorize and extend the EAC, and (2) repeal its exemption from certain government contracting requirements. | 113 S123 IS: Voter Empowerment Act of 2013 U.S. Senate 2013-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 123 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mrs. Gillibrand Mrs. Boxer Ms. Hirono Mr. Schatz Mr. Begich Mr. Coons Committee on Rules and Administration A BILL To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Voter Empowerment Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Voter Registration Modernization Sec. 100. Short title. Subtitle A—Promoting Internet Registration Sec. 101. Requiring availability of Internet for voter registration. Sec. 102. Use of Internet to update registration information. Sec. 103. Provision of election information by electronic mail to individuals registered to vote. Sec. 104. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 105. Effective date. Subtitle B—Automated Registration of Certain Individuals Sec. 111. Automated voter registration. Sec. 112. List maintenance, privacy, and security. Sec. 113. Promoting accuracy of Statewide voter registration lists. Sec. 114. Definitions. Sec. 115. Effective date. Subtitle C—Other initiatives To promote voter registration Sec. 121. Same day registration. Sec. 122. Acceptance of voter registration applications from individuals under 18 years of age. Sec. 123. Annual reports on voter registration statistics. Subtitle D—Availability of HAVA Requirements Payments Sec. 131. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle E—Prohibiting Interference With Voter Registration Sec. 141. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 142. Establishment of best practices. Title II—Access to Voting for Individuals With Disabilities Sec. 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 202. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences. Sec. 203. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Title III—Prohibiting Voter Caging Sec. 301. Voter caging and other questionable challenges prohibited. Sec. 302. Development and adoption of best practices for preventing voter caging. Sec. 303. Severability. Title IV—Prohibiting Deceptive Practices Sec. 401. Prohibition on deceptive practices in Federal elections. Sec. 402. Modification of penalty for voter intimidation. Sec. 403. Sentencing guidelines. Sec. 404. Reporting violations; corrective action. Title V—Democracy Restoration Sec. 501. Rights of citizens. Sec. 502. Enforcement. Sec. 503. Notification of restoration of voting rights. Sec. 504. Definitions. Sec. 505. Relation to other laws. Sec. 506. Federal prison funds. Sec. 507. Effective date. Title VI—Accuracy, Integrity, and Security of Elections Sec. 600. Short title. Subtitle A—Promoting accuracy, integrity, and security through voter-Verified permanent paper ballot Sec. 601. Paper ballot and manual counting requirements. Sec. 602. Accessibility and ballot verification for individuals with disabilities. Sec. 603. Additional voting system requirements. Sec. 604. Availability of additional funding to enable States to meet costs of revised requirements. Sec. 605. Effective date for new requirements. Subtitle B—Requirement for mandatory manual audits by hand count Sec. 611. Mandatory manual audits. Sec. 612. Availability of enforcement under Help America Vote Act of 2002. Sec. 613. Guidance on best practices for alternative audit mechanisms. Sec. 614. Clerical amendment. Title VII—Provisional Ballots Sec. 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Title VIII—Early Voting and Voting by Mail Sec. 801. Early voting and voting by mail. Title IX—Absent Uniformed Services Voters and Overseas Voters Sec. 901. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 902. Pre-election reports on availability and transmission of absentee ballots. Sec. 903. Enforcement. Sec. 904. Revisions to 45-day absentee ballot transmission rule. Sec. 905. Use of single absentee ballot application for subsequent elections. Sec. 906. Effective date. Title X—Poll Worker Recruitment and Training Sec. 1001. Leave to serve as a poll worker for Federal employees. Sec. 1002. Grants to States for poll worker recruitment and training. Sec. 1003. Model poll worker training program. Sec. 1004. State defined. Title XI—Enhancement of Enforcement Sec. 1101. Enhancement of enforcement of Help America Vote Act of 2002. Title XII—Federal Election Integrity Sec. 1201. Prohibition on campaign activities by chief State election administration officials. Title XIII—Other Election Administration Improvements Sec. 1301. Treatment of universities as voter registration agencies. Sec. 1302. Minimum notification requirements for voters affected by polling place changes. Sec. 1303. Voter information response systems and hotline. Sec. 1304. Reauthorization of election assistance commission. Sec. 1305. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1306. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Sec. 1307. No effect on other laws. I Voter Registration Modernization 100. Short title This title may be cited as the Voter Registration Modernization Act of 2013 A Promoting Internet Registration 101. Requiring availability of Internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration (1) Availability of online registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (A) Online application for voter registration. (B) Online assistance to applicants in applying to register to vote. (C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c). (D) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual provides a signature in electronic form in accordance with subsection (c) (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signatures in electronic form For purposes of this section, an individual provides a signature in electronic form by— (1) executing a computerized mark in the signature field on an online voter registration application; or (2) submitting with the application an electronic copy of the individual’s handwritten signature through electronic means. (d) Confirmation and disposition (1) Confirmation of receipt Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (2) Notice of disposition As soon as the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. (3) Method of notification The appropriate State or local election official shall send the notices required under this subsection by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. (e) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Use of Additional Telephone-Based System A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section. (h) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . (b) Special requirements for individuals using online registration (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) by mail by mail or online under section 6A of the National Voter Registration Act of 1993 (2) Requiring signature for first-time voters in jurisdiction Section 303(b) of such Act ( 42 U.S.C. 15483(b) (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration (A) In general A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 et seq. (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) Each State Except as provided in subsection (b)(5), each State (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a)(1) (A) by striking and (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: (D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 42 U.S.C. 1973gg–6(a)(5) and 7 6A, and 7 102. Use of Internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph: (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition (i) Confirmation of receipt Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition As soon as the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification The appropriate State or local election official shall send the notices required under this subparagraph by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 42 U.S.C. 15483(d)(1)(A) subparagraph (B) subparagraph (B) and subsection (a)(6) (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(d)(2)(A) (1) in the first sentence, by inserting after return the card or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 (2) in the second sentence, by striking returned, returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, 103. Provision of election information by electronic mail to individuals registered to vote (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information (1) In general Section 9(b) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(b) (A) by striking and (B) by striking the period at the end of paragraph (4) and inserting ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. . (2) Prohibiting use for purposes unrelated to official duties of election officials Section 9 of such Act ( 42 U.S.C. 1973gg–7 (c) Prohibiting use of electronic mail addresses for other than official purposes The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. . (b) Requiring Provision of Information by Election Officials Section 302(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b) (3) Provision of other information by electronic mail If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) The name and address of the polling place at which the individual is assigned to vote in the election. (B) The hours of operation for the polling place. (C) A description of any identification or other information the individual may be required to present at the polling place. . 104. Clarification of requirement regarding necessary information to show eligibility to vote Section 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form (1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section. . 105. Effective date (a) In General Except as provided in subsection (b), the amendments made by this subtitle (other than the amendments made by section 104) shall take effect January 1, 2014. (b) Waiver Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2014 January 1, 2016 B Automated Registration of Certain Individuals 111. Automated voter registration (a) Collection of information by source agencies (1) Duties of source agencies Each source agency in a State (as defined in subsection (e)) shall, with each application for services or assistance by an individual, and with each recertification, renewal, or change of address relating to such services or assistance— (A) notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official; (B) notify each such individual that there is an opportunity to be registered to vote or update voter registration, but that voter registration is voluntary, and that neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes; (C) require that each such individual indicate, after considering the substantive qualification of an elector in the State, whether or not the person wishes to be registered; (D) ensure that each such individual’s transaction with the agency cannot be completed until the individual has indicated whether he or she wishes to register to vote; and (E) for each such individual who consents to using the individual’s records with the source agency to enable the individual to register to vote under this section, collect a signed affirmation of eligibility to register to vote in the State. (2) No effect on right to decline voter registration Nothing in this subtitle shall be construed to interfere with the right of any person to decline to be registered to vote for any reason. (b) Transfer of information on individuals consenting to voter registration (1) Transfer For each individual who notifies the source agency that the individual consents to voter registration under this section, the source agency shall transfer to the chief State election official of the State the following data, to the extent the data is available to the source agency: (A) The given name or names and surname or surnames. (B) Date of birth. (C) Residential address. (D) Mailing address. (E) Signature, in electronic form. (F) Date of the last change to the information. (G) The motor vehicle driver’s license number. (H) The last four digits of the Social Security number. (2) Timing of transfer The source agency shall transfer the data described in paragraph (1) to the chief State election official on a daily basis. (3) Format The data transferred under paragraph (1) shall be transferred in a format compatible with the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002. (4) Prohibiting storage of information Any information collected by the source agency under this section with respect to an individual who consents to register to vote under this section may not be stored by the source agency in any form after the information is transferred to the chief State election official under paragraph (1). (c) Registration of Individuals by Chief State Election Official (1) Comparison with Statewide voter registration list Upon receiving information from a source agency with respect to an individual under subsection (b), the chief State election official shall determine whether the individual is included in the computerized Statewide voter registration list established and maintained under section 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 (2) Registration of individuals not on Statewide list If an individual for whom information is received from a source agency under subsection (b) is eligible to vote in elections for Federal office in the State and is not on the computerized Statewide voter registration list, the chief State election official shall— (A) ensure that the individual is registered to vote in such elections not later than 5 days after receiving the information, without regard to whether or not the information provided by the source agency includes the individual’s signature; (B) update the Statewide computerized voter registration list to include the individual; and (C) notify the individual that the individual is registered to vote in elections for Federal office in the State. (3) Treatment of information incorrectly provided If a source agency provides the chief State election official with information with respect to an individual who did not consent to be registered to vote under this section, the chief State election official shall not take any action to register the individual to vote, except that no such individual who is already included on the computerized Statewide voter registration list shall be removed from the list solely because the information was incorrectly provided under subsection (b). (4) No effect on other means of registration Nothing in this section affects a State’s obligation to register voters upon receipt of a valid voter registration application through means provided by National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. (5) Individuals in existing records No later than January 2015, each individual who is listed in a source agency’s records and for whom there exists reason to believe the individual is a citizen and not otherwise ineligible to vote shall be mailed a postage pre-paid return postcard including a box for the individual to check, together with the statement (in close proximity to the box and in prominent type), By checking this box, I affirm that I am a citizen of the United States, am eligible to vote in this State, and will be at least eighteen years old by the next general election. I understand that by checking this box, I will be registered to vote if I am eligible to vote in the State. (d) Options for State To require special treatment of individuals registered automatically (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) of 1993 of 1993 or (at the option of the State) was registered automatically under section 111 of the Voter Registration Modernization Act of 2013 (2) Requiring signature Section 303(b) of such Act ( 42 U.S.C. 15483(b) (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following new paragraph: (5) Option for State to require signature requirements for first-time voters registered automatically (A) In general A State may, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual was registered to vote in the State automatically under section 111 of the Voter Registration Modernization Act of 2013; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 et seq. (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) subsection (b)(5) subsections (b)(5) and (b)(6) (e) Source agencies described (1) In general With respect to any State, a source agency (A) each State office which is described in paragraph (2); and (B) each Federal office which is described in paragraph (3) which is located in the State, except that such office shall be a source agency only with respect to individuals who are residents of the State in which the office is located. (2) State offices described (A) In general The State offices described in this paragraph are as follows: (i) The State motor vehicle authority. (ii) Each office in the State which is designated as a voter registration agency in a State pursuant to section 7(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–5(a)). (iii) Each State agency that administers a program providing assistance pursuant to pursuant to title III of the Social Security Act ( 42 U.S.C. 501 et seq. (iv) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools in the State, including, where applicable, the State agency responsible for maintaining the education data system described in section 6401(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). (v) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (vi) In the case of a State in which an individual disenfranchised by adjudication of mental incompetence or similar condition becomes eligible to register to vote upon the restoration of competence or similar condition, each State agency responsible for determining when competence or a similar condition is met. (vii) Such other office which may be designated as a source agency by the chief State election official of the State. (B) Criteria for designation of additional source agencies In designating offices of the State as source agencies for purposes of subparagraph (A)(vii), the chief State election official shall give priority on the basis of the following criteria: (i) The extent to which individuals receiving services or assistance from the office are likely to be individuals who are eligible to register to vote in elections for Federal office in the State but who are not registered to vote in such elections. (ii) The accuracy of the office’s records with respect to identifying information (including age, citizenship status, and residency) for individuals receiving services or assistance from the office. (iii) The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official. (iv) The extent to which the designation of the office as a voter registration agency will promote the registration of eligible individuals to vote in elections for Federal office in the State and the accuracy of the State’s Statewide computerized voter registration list under the Help America Vote Act of 2002. (3) Federal offices described The Federal offices described in this paragraph are as follows: (A) Armed Forces recruitment offices. (B) The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process. (C) The Social Security Administration. (D) The Administrative Office of the United States Courts, the Federal Bureau of Prisons, and the United States Probation Service, but only with respect to individuals completing terms of prison, sentences, probation, or parole. (E) The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals. (F) The Defense Manpower Data Center of the Department of Defense. (G) The Indian Health Services of the Department of Health and Human Services. (H) The Center for Medicare and Medicaid Services of the Department of Health and Human Services. (I) Any other Federal office which designated by a State (with the consent of the President) as a source agency with respect to the State. 112. List maintenance, privacy, and security (a) Database management standards (1) Database matching standards The chief State election official of each State shall establish standards governing the comparison of data on the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002, the data provided by various source agencies under section 111, and relevant data from other sources, including the specific data elements and data matching rules to be used for purposes of determining— (A) whether a data record from any source agency represents the same individual as a record in another source agency or on the Statewide list; (B) whether a data record from any source agency represents an individual already registered to vote in the State; (C) whether two data records in the Statewide computerized voter registration list represent duplicate records for the same individual; (D) whether a data record supplied by any list maintenance source represents an individual already registered to vote in the State; and (E) which information will be treated as more current and reliable when data records from multiple sources present information for the same individual. (2) Standards for determining ineligibility The chief State election official of a State shall establish uniform and non-discriminatory standards describing the specific conditions under which an individual will be determined for list maintenance purposes to be ineligible to vote in an election for Federal office in the State. (b) Privacy and security standards (1) Privacy and security policy The chief State election official of a State shall publish and enforce a privacy and security policy specifying each class of users who shall have authorized access to the computerized Statewide voter registration list, specifying for each such class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy and security of the information on the list. Such policy shall include security safeguards to protect personal information in the data transfer process under section 111, the online or telephone interface, the maintenance of the voter registration database, and audit procedure to track individual access to the system. (2) No unauthorized access The chief election official of a State shall establish policies and enforcement procedures to prevent unauthorized access to or use of the computerized Statewide voter registration list, any list or other information provided by a source agency under section 111, or any maintenance source for the list. Nothing in this paragraph shall be construed to prohibit access to information required for official purposes for purposes of voter registration, election administration, and the enforcement of election laws. (3) Inter-agency transfers (A) In general The chief election official of a State shall establish policies and enforcement procedures to maintain security during inter-agency transfers of information required or permitted under this subtitle. Each State agency and third party participating in such inter-agency transfers of information shall facilitate and comply with such policies. Nothing in this subparagraph shall prevent a source agency under section 111 from establishing and enforcing additional security measures to protect the confidentiality and integrity of inter-agency data transfers. No State or local election official shall transfer or facilitate the transfer of information from the computerized Statewide voter registration list to any source agency under section 111. (B) Transmission through secure third parties permitted Nothing in this section shall be construed to prevent a source agency under section 111 from contracting with a third party to assist in the transmission of data to a chief State election official, so long as the data transmission complies with the applicable requirements of this subtitle, including the privacy and security provisions of this section. (4) Records retention The chief State election official of a State shall establish standards and procedures to maintain all election records required for purposes of this subtitle, including for the purpose of determining the eligibility of persons casting provisional ballots under section 302 of the Help America Vote Act of 2002. Records for individuals who have been retained on the computerized Statewide voter registration list under section 301 of such Act but identified as ineligible to vote in an election for Federal office within the State, or removed from the list due to ineligibility, shall be maintained and kept available until at least the date of the second general election for Federal office that occurs after the date that the individual was identified as ineligible. (c) Publication of standards The chief State election official of a State shall publish on the official’s website the standards established under this section, and shall make those standards available in written form upon public request. (d) Protection of source information The identity of the specific source agency through which an individual consented to register to vote under section 111 shall not be disclosed to the public and shall not be retained after the individual is added to the computerized Statewide voter registration list. (e) Confidentiality of information The chief State election official of a State shall establish policies and enforcement procedures to ensure that personal information provided by source agencies or otherwise transmitted under this section is kept confidential and is available only to authorized users. For purposes of these policies and procedures, the term personal information (1) Any portion of an individual’s Social Security number. (2) Any portion of an individual’s motor vehicle driver’s license number or State identification card number. (3) An individual’s signature. (4) An individual’s personal residence and contact information (in the case of individuals with respect to whom such information is required to be maintained as confidential under State law). (5) Sensitive information relating to persons in categories designated confidential by Federal or State law, including victims of domestic violence or stalking, prosecutors and law enforcement personnel, and participants in a witness protection program. (6) An individual’s phone number. (7) An individual’s email address. (8) Any indication of an individual’s status as a citizen or noncitizen of the United States. (9) Such other information as the chief State election official may designate as confidential to the extent reasonably necessary to prevent identity theft or impersonation, except that the chief State election official may not designate as confidential under this subparagraph the name, address, or date of registration of an individual, or, where applicable, the self-identified racial or ethnic category of the individual as applicable under Revisions to OMB Directive Number 15 or successor directives. (f) Protections against liability of individuals on basis of information transferred (1) No individual liability for registration of ineligible individual If an individual who is not eligible to register to vote in elections for Federal office is registered to vote in such elections by a chief State election official under section 111, the individual shall not be subject to any penalty, including the imposition of a fine or term of imprisonment, adverse treatment in any immigration or naturalization proceeding, or the denial of any status under immigration laws, under any law prohibiting an individual who is not eligible to register to vote in elections for Federal office from registering to vote in such elections. Nothing in this paragraph shall be construed to waive the liability of any individual who knowingly provides false information to any person regarding the individual’s eligibility to register to vote or vote in elections for Federal office. (2) Prohibiting use of information by officials No person acting under color of law may use the information received by the chief State election official under section 111 to attempt to determine the citizenship status of any individual for immigration enforcement, criminal law enforcement (other than enforcement of election laws), or any purpose other than voter registration, election administration, or the enforcement of election laws. (g) Prohibition on transfer of information irrelevant to administration of elections No source agency shall transmit any information under section 111 which is irrelevant to the administration of elections. To the extent that an election official receives any information which is accidentally or inadvertently transferred by a source agency under such section, the official shall immediately delete the information from the official’s records. (h) Restriction on use of information No information relating to an individual’s absence from the Statewide voter registration list under section 303 of the Help America Vote Act of 2002 or an individual’s declination to supply information for voter registration purposes to a source agency under section 111 may be disclosed to the public for immigration enforcement, criminal law enforcement other than enforcement of laws against election crimes, or used for any purpose other than voter registration, election administration, or the enforcement of election laws. (i) Nondiscrimination No person acting under color of law may discriminate against any individual on the basis of the individual’s absence from the Statewide voter registration list, the information supplied by the individual for voter registration purpose to a source agency under section 111, or the individual’s declination to supply such information, except as required for purposes of voter registration, election administration, and the enforcement of election laws. (j) Prohibition on the use of voter registration information for commercial or non-Governmental purposes Voter registration information collected under this subtitle shall not be used for commercial purposes including for comparison with any existing commercial list or database. (k) Penalty Whoever knowingly uses information or permits information to be used in violation of this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both. (l) Exclusion from lists of individuals declining registration The chief State election official of a State shall ensure that, with respect to any individual who declines the opportunity to register to vote under section 111, the individual’s information is not included on the computerized Statewide voter registration list under section 303 of the Help America Vote Act of 2002 and is not provided to any third party (except to the extent required under other law). Nothing in this subsection shall be construed to preclude an individual who has previously declined the opportunity to register to vote from subsequently registering to vote. 113. Promoting accuracy of Statewide voter registration lists (a) Deadlines for transmittal of change of address or other identifying information (1) Information received by State motor vehicle authority Section 5(d) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(d) (d) Automatic transmittal of change of address or other identifying information Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of the State motor vehicle authority has been changed, the State motor vehicle authority shall transmit such form or other information to the chief State election official, unless— (1) the records of the authority include information indicating that the individual is not eligible to register to vote in the State; or (2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. . (2) Information received by other voter registration agencies Section 7 of such Act ( 42 U.S.C. 1973gg–5 (e) Automatic transmittal of change of address or other identifying information Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a voter registration agency designated under this section has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless— (1) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or (2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. . (3) Information received from source agencies Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a source agency designated under section 111 has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless— (A) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or (B) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. (b) Revision of Statewide computerized list To reflect revised information Section 303(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a) (7) Revision of list to reflect information received from other State offices (A) In general If a State motor vehicle authority (pursuant to section 5(d) of the National Voter Registration Act of 1993) a voter registration agency (designated under section 7 of such Act), or a source agency (designated under section 111 of the Voter Registration Modernization Act of 2013) transmits to the chief State election official a change of address form or any other information indicating that identifying information with respect to an individual has been changed, the appropriate State or local election official shall— (i) determine whether the individual appears on the computerized list established under this section; and (ii) if the individual appears on the list, revise the information relating to the individual on the list to reflect the individual’s new address or other changed identifying information. (B) Notification to voters If an election official revises any voter registration information on the computerized list with respect to any voter (including removing the voter from the list), immediately after revising the information, the official shall send the individual a written notice of the revision which includes the following information: (i) The voter’s name, date of birth, and address, as reflected in the revised information on the computerized list. (ii) A statement that the voter’s voter registration information has been updated. (iii) Information on how to correct information on the computerized list. (iv) A statement of the eligibility requirements for registered voters in the State. (v) A statement (in larger font size than the other statements on the notice) that it is illegal for an individual who does not meet the eligibility requirements for registered voters in the State to vote in an election in the State. (vi) A statement that the voter may terminate the voter’s status as a registered voter in the State, or request a change in the voter’s voter registration information, at any time by contacting the appropriate State or local election official, together with contact information for such official (including any website through which the voter may contact the official or obtain information on voter registration in the State). (C) Use of electronic mail If an election official has an electronic mail address for any voter to whom the official is required to send a written notice under this paragraph, the official may meet the requirements of this paragraph by sending the notice to the voter in electronic form at that address, but only if prior to sending the notice, the official sends a test electronic mail to the voter at that address and receives confirmation that the address is current and valid. . (c) Effective date The amendments made by this section shall apply with respect to elections occurring during 2014 or any succeeding year. 114. Definitions (a) Chief State election official In this subtitle, the chief State election official 42 U.S.C. 1973gg–8 (b) State In this subtitle, a State 115. Effective date This subtitle and the amendments made by this subtitle shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each succeeding election for Federal office. C Other initiatives To promote voter registration 121. Same day registration (a) In general Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual (c) Effective date Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2014 and for any subsequent election for Federal office. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 42 U.S.C. 15511 sections 301, 302, and 303 subtitle A of title III (c) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . 122. Acceptance of voter registration applications from individuals under 18 years of age (a) Acceptance of applications Section 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age (1) In general A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2014. 123. Annual reports on voter registration statistics (a) Annual report Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following information for the year: (1) The number of individuals who were registered under section 111. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual’s identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the Statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (b) Confidentiality of information In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (c) State defined In this section, a State D Availability of HAVA Requirements Payments 131. Availability of requirements payments under HAVA to cover costs of compliance with new requirements (a) In General Section 251(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15401(b) (1) in paragraph (1), by striking (2) and (3) (2), (3), and (4) (2) by adding at the end the following new paragraph: (4) Certain voter registration activities A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2013, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2013. . (b) Conforming Amendment Section 254(a)(1) of such Act ( 42 U.S.C. 15404(a)(1) section 251(a)(2) section 251(b)(2) (c) Effective Date The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. E Prohibiting Interference With Voter Registration 141. Prohibiting hindering, interfering with, or preventing voter registration (a) In general Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: 612. Hindering, interfering with, or preventing registering to vote (a) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or aiding another person in registering to vote in any election for Federal office. (b) Attempt Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Election for Federal Office Defined For purposes of this section, the term election for Federal office . (b) Clerical amendment The table of sections for chapter 29 612. Hindering, interfering with, or preventing registering to vote. . (c) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 142. Establishment of best practices (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 42 U.S.C. 1973gg–10 State (b) Inclusion in voter information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (F) and inserting ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 42 U.S.C. 1973gg–10 . II Access to Voting for Individuals With Disabilities 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: 305. Access to voter registration and voting for individuals with disabilities (a) Treatment of applications and ballots Each State shall— (1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official not less than 30 days before the election; (3) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); (5) transmit a validly requested absentee ballot to an individual with a disability— (A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and (B) in the case in which the request is received less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office To Provide Information on Registration and Absentee Ballot Procedures for All Disabled Voters in State Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (c) Designation of Means of Electronic Communication for Individuals with Disabilities To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information (1) In general Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than one means of electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (e) Hardship Exemption (1) In general If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include— (A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office; (B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; (C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and (D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— (i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; (ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and (iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. (2) Approval of waiver request The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met: (A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. (B) One or more of the following issues creates an undue hardship for the State: (i) The State's primary election date prohibits the State from complying with subsection (a)(5)(A). (ii) The State has suffered a delay in generating ballots due to a legal contest. (iii) The State Constitution prohibits the State from complying with such subsection. (3) Timing of waiver (A) In general Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election. (B) Exception If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. (4) Application of waiver A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. (f) Individual with a disability defined In this section, an individual with a disability (g) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2014. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission Section 311(b) of such Act ( 42 U.S.C. 15501(b) (1) by striking and (2) by striking the period at the end of paragraph (3) and inserting ; and (3) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 305, January 1, 2014. . (c) Clerical amendment The table of contents of such Act, as amended by section 114(c), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Access to voter registration and voting for individuals with disabilities. . 202. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences (a) Establishment of pilot programs The Election Assistance Commission (hereafter referred to as the Commission (1) individuals with disabilities may use electronic means (including the Internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots, in a manner which permits such individuals to do so privately and independently at their own residences; and (2) individuals with disabilities may use the telephone to cast ballots electronically from their own residences, but only if the telephone used is not connected to the Internet. (b) Reports (1) In general A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2014, or, at the option of a State, with respect to other elections for public office held in the State in 2014. (e) Authorization of appropriations There is authorized to be appropriated for grants for pilot programs under this section $30,000,000 for fiscal year 2014 and each succeeding fiscal year. (f) State defined In this section, the term State 203. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities (a) Purposes of payments Section 261(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15421(b) (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities. . (b) Reauthorization Section 264(a) of such Act ( 42 U.S.C. 15424(a) (4) For fiscal year 2014 and each succeeding fiscal year, such sums as may be necessary to carry out this part. . (c) Period of availability of funds Section 264 of such Act ( 42 U.S.C. 15424 (1) in subsection (b), by striking Any amounts Except as provided in subsection (b), any amounts (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds (1) Deadline for obligation and expenditure In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2014 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts (A) In general The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described In subparagraph (A), a covered payment recipient (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1). . III Prohibiting Voter Caging 301. Voter caging and other questionable challenges prohibited (a) In General Chapter 29 613. Voter caging and other questionable challenges (a) Definitions In this section— (1) the term voter caging document (A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; (2) the term voter caging list (3) the term unverified match list (b) Prohibition Against Voter Caging No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote. (c) Requirements for Challenges by Persons Other Than Election Officials No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is— (1) documented in writing; and (2) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election. (d) Penalties for Knowing Misconduct Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (e) No Effect on Related Laws Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. . (b) Clerical Amendment The table of sections for chapter 29 613. Voter caging and other questionable challenges. . 302. Development and adoption of best practices for preventing voter caging (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 613 State (b) Inclusion in voting information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (G) and inserting ; and (3) by adding at the end the following new subparagraph: (H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition. . 303. Severability If any provision of this title or any amendment made by this title, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this title and the amendments made by this title, and the application of the provisions to any person or circumstance, shall not be affected by the holding. IV Prohibiting Deceptive Practices 401. Prohibition on deceptive practices in Federal elections (a) In General Chapter 29 of title 18, United States Code, as amended by section 141(a) and section 301(a), is amended by adding at the end the following: 614. False election-related information in Federal elections (a) A person, including an election official, who in any election for Federal office knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent shall be fined under this title or imprisoned not more than 1 year, or both. (b) As used in this section— (1) the term election for Federal office (2) the term election-related information (A) the time or place of an election for Federal office; (B) criminal penalties associated with voting in such an election; (C) an individual’s voter registration status or eligibility to vote in such an election; or (D) the explicit endorsement by any person or organization of a candidate in such an election. . (b) Clerical amendment The table of sections for chapter 29 614. False election-related information in Federal elections. . 402. Modification of penalty for voter intimidation Section 594 one year 5 years 403. Sentencing guidelines (a) Review and amendment Not later than 90 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 (b) Authorization The United States Sentencing Commission may, for the purposes of the amendments made pursuant to this title, amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 404. Reporting violations; corrective action (a) Reporting Any person may submit a report to the Attorney General regarding any violation or possible violation of section 594 or section 614 (b) Corrective action (1) In general Immediately after receiving a report under subsection (a), the Attorney General shall consider and review the report, and if the Attorney General determines that there is a reasonable basis to find that a violation included in the report has occurred, the Attorney General shall— (A) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (B) refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election involved. (2) Regulations The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraph (1). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations. (3) Study and report on methods of disseminating corrective information (A) In general The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraph (1) through public service announcements, the emergency alert system, or other forms of public broadcast. (B) Report Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under subparagraph (A). (4) Publicizing availability of remedies The Attorney General shall make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities, contact information, and complaint procedures applicable under this section. (c) Reports to Congress (1) In general Not later than 90 days after any election with respect to which a report has been submitted under subsection (a), the Attorney General shall submit to Congress a report compiling all such reports submitted under subsection (a) with respect to that election. (2) Contents (A) In general Each report submitted under paragraph (1) shall include— (i) detailed information on specific allegations; (ii) statistical compilations of how many allegations were made and of what type; (iii) the geographic locations of and the populations affected by the alleged violations; (iv) the status of the investigations of such allegations; (v) any corrective actions taken in response to such allegations; (vi) the rationale used for any corrective actions or for any refusal to pursue an allegation; (vii) the effectiveness of any such corrective actions; (viii) whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded; (ix) any referrals of information to other Federal, State, or local agencies; and (x) any criminal prosecution instituted under title 18, United States Code, in connection with such allegations. (3) Report made public On the date that the Attorney General submits the report under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. (d) Delegation of duties (1) Use of voting integrity task force The Attorney General shall delegate the responsibilities under this section with respect to a particular election to a Voting Integrity Task Force established by the Attorney General for such purpose. (2) Composition A Voting Integrity Task Force established under paragraph (1) shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, acting jointly. V Democracy Restoration 501. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 502. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this title. (b) Private right of action (1) A person who is aggrieved by a violation of this title may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 503. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to this title and may register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a criminal offense under Federal law that such individual has the right to vote in an election for Federal office pursuant to this title and may register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation by a court established by an Act of Congress; or (ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. 504. Definitions For purposes of this title: (1) Correctional institution or facility The term correctional institution or facility (2) Election The term election (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office (4) Probation The term probation (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 505. Relation to other laws (a) State laws relating to voting rights Nothing in this title shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this title. (b) Certain Federal Acts The rights and remedies established by this title are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. 506. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 501. 507. Effective date This title shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. VI Accuracy, Integrity, and Security of Elections 600. Short title This title may be cited as the Voter Confidence and Increased Accessibility Act of 2013 A Promoting accuracy, integrity, and security through voter-Verified permanent paper ballot 601. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(2) (2) Paper ballot requirement (A) Voter-verified paper ballots (i) Paper ballot requirement (I) The voting system shall require the use of an individual, durable, voter-verified, paper ballot of the voter’s vote that shall be marked and made available for inspection and verification by the voter before the voter’s vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term individual, durable, voter-verified, paper ballot (II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii). (III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without the voter’s consent. (ii) Preservation as official record The individual, durable, voter-verified, paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (iii) Manual counting requirements for recounts and audits (I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified, paper ballots shall be the true and correct record of the votes cast. (iv) Application to all ballots The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. (B) Special rule for treatment of disputes when paper ballots have been shown to be compromised (i) In general In the event that— (I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and (II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. (ii) Rule for consideration of ballots associated with each voting machine For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act (42 U.S.C. 15481(a)(4)) is amended by inserting (including the paper ballots required to be used under paragraph (2)) voting system (c) Other conforming amendments Section 301(a)(1) of such Act ( 42 U.S.C. 15481(a)(1) (1) in subparagraph (A)(i), by striking counted counted, in accordance with paragraphs (2) and (3) (2) in subparagraph (A)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) (3) in subparagraph (A)(iii), by striking counted counted, in accordance with paragraphs (2) and (3) (4) in subparagraph (B)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) 602. Accessibility and ballot verification for individuals with disabilities (a) In general Section 301(a)(3)(B) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(3)(B) (B) (i) satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, at each polling place; and (ii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that— (I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and (II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; and . (b) Specific requirement of study, testing, and development of accessible paper ballot verification mechanisms (1) Study and reporting Subtitle C of title II of such Act (42 U.S.C. 15381 et seq.) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible paper ballot verification mechanisms (a) Study and Report The Director of the National Science Foundation shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and the processes through which the mechanisms are used. (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) an application containing— (1) certifications that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots; (2) a certification that the entity shall complete the activities carried out with the grant not later than December 31, 2014; and (3) such other information and certifications as the Director may require. (c) Availability of Technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination With Grants for Technology Improvements The Director shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Director and Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of Appropriations There is authorized to be appropriated to carry out subsection (a) $5,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible paper ballot verification mechanisms. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access Section 292(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15462(a) ; except that 603. Additional voting system requirements (a) Requirements described Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraphs: (7) Prohibiting use of uncertified election-dedicated voting system technologies; disclosure requirements (A) In general A voting system used in an election for Federal office in a State may not at any time during the election contain or use any election-dedicated voting system technology— (i) which has not been certified by the State for use in the election; and (ii) which has not been deposited with an accredited laboratory described in section 231 to be held in escrow and disclosed in accordance with this section. (B) Requirement for disclosure and limitation on restricting disclosure An accredited laboratory under section 231 with whom an election-dedicated voting system technology has been deposited shall— (i) hold the technology in escrow; and (ii) disclose technology and information regarding the technology to another person if— (I) the person is a qualified person described in subparagraph (C) who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph (D); or (II) the laboratory is permitted or required to disclose the technology to the person under State law, in accordance with the terms and conditions applicable under such law. (C) Qualified persons described With respect to the disclosure of election-dedicated voting system technology by a laboratory under subparagraph (B)(ii)(I), a qualified person (i) A governmental entity with responsibility for the administration of voting and election-related matters for purposes of reviewing, analyzing, or reporting on the technology. (ii) A party to pre- or post-election litigation challenging the result of an election or the administration or use of the technology used in an election, including but not limited to election contests or challenges to the certification of the technology, or an expert for a party to such litigation, for purposes of reviewing or analyzing the technology to support or oppose the litigation, and all parties to the litigation shall have access to the technology for such purposes. (iii) A person not described in clause (i) or (ii) who reviews, analyzes, or reports on the technology solely for an academic, scientific, technological, or other investigation or inquiry concerning the accuracy or integrity of the technology. (D) Requirements for nondisclosure agreements A nondisclosure agreement entered into with respect to an election-dedicated voting system technology meets the requirements of this subparagraph if the agreement— (i) is limited in scope to coverage of the technology disclosed under subparagraph (B) and any trade secrets and intellectual property rights related thereto; (ii) does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph; (iii) exempts from coverage any information the signatory lawfully obtained from another source or any information in the public domain; (iv) remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto; (v) prohibits the use of injunctions barring a signatory from carrying out any activity authorized under subparagraph (C), including injunctions limited to the period prior to a trial involving the technology; (vi) is silent as to damages awarded for breach of the agreement, other than a reference to damages available under applicable law; (vii) allows disclosure of evidence of crime, including in response to a subpoena or warrant; (viii) allows the signatory to perform analyses on the technology (including by executing the technology), disclose reports and analyses that describe operational issues pertaining to the technology (including vulnerabilities to tampering, errors, risks associated with use, failures as a result of use, and other problems), and describe or explain why or how a voting system failed or otherwise did not perform as intended; and (ix) provides that the agreement shall be governed by the trade secret laws of the applicable State. (E) Election-dedicated voting system technology defined For purposes of this paragraph: (i) In general The term election-dedicated voting system technology (I) The source code used for the trusted build and its file signatures. (II) A complete disk image of the pre-build, build environment, and any file signatures to validate that it is unmodified. (III) A complete disk image of the post-build, build environment, and any file signatures to validate that it is unmodified. (IV) All executable code produced by the trusted build and any file signatures to validate that it is unmodified. (V) Installation devices and software file signatures. (ii) Exclusion Such term does not include commercial-off-the-shelf (8) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballots are programmed or votes are cast or tabulated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device, except that enclosed infrared communications devices which are certified for use in such device by the State and which cannot be used for any remote or wide area communications or used without the knowledge of poll workers shall be permitted. (9) Prohibiting connection of system to the internet (A) In general No system or device upon which ballots are programmed or votes are cast or tabulated shall be connected to the Internet at any time. (B) Rule of construction Nothing contained in this paragraph shall be deemed to prohibit the Commission from conducting the studies under section 242 or to conduct other similar studies under any other provision of law in a manner consistent with this paragraph. (10) Security standards for voting systems used in Federal elections (A) In general No voting system may be used in an election for Federal office unless the manufacturer of such system and the election officials using such system meet the applicable requirements described in subparagraph (B). (B) Requirements described The requirements described in this subparagraph are as follows: (i) The manufacturer and the election officials shall document the secure chain of custody for the handling of all software, hardware, vote storage media, blank ballots, and completed ballots used in connection with voting systems, and shall make the information available upon request to the Commission. (ii) The manufacturer shall disclose to an accredited laboratory under section 231 and to the appropriate election official any information required to be disclosed under paragraph (7). (iii) After the appropriate election official has certified the election-dedicated and other voting system software for use in an election, the manufacturer may not— (I) alter such software; or (II) insert or use in the voting system any software, software patch, or other software modification not certified by the State for use in the election. (iv) At the request of the Commission— (I) the appropriate election official shall submit information to the Commission regarding the State’s compliance with this subparagraph; and (II) the manufacturer shall submit information to the Commission regarding the manufacturer’s compliance with this subparagraph. (C) Development and publication of best practices of secure chain of custody Not later than August 1, 2016, the Commission shall develop and make publicly available best practices regarding the requirement of subparagraph (B)(i) and (B)(iii), and in the case of subparagraph (B)(iii), shall include best practices for certifying software patches and minor software modifications under short deadlines. (D) Disclosure of secure chain of custody The Commission shall make information provided to the Commission under subparagraph (B)(i) available to any person upon request. (11) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable (B) Readability requirements for paper ballots marked by ballot marking device All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities. (12) Requirements for publication of poll tapes (A) Requirements Each State shall meet the following requirements: (i) Upon the closing of the polls at each polling place, the appropriate election official, under the observation of the certified tabulation observers admitted to the polling place under subparagraph (E) (if any), shall announce the vote orally, post a copy of the poll tape reflecting the totals from each voting machine upon which votes were cast in the election at the polling place, and prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count. Such officials shall ensure that each of the certified tabulation observers admitted to the polling place has full access to observe the process by which the poll tapes and statement are produced and a reasonable period of time to review the poll tapes and statement before the polling place is closed, and (if feasible) shall provide such observers with identical duplicate copies of the poll tapes and statement. (ii) As soon as practicable, but in no event later than noon of the day following the date of the election, the appropriate election official shall display (at a prominent location accessible to the public during regular business hours and in or within reasonable proximity to the polling place) a copy of each poll tape and statement prepared under clause (i), and the information shall be displayed on the official public websites of the applicable local election official and chief State election official, together with the name of the designated voting official who entered the information and the date and time the information was entered. (iii) Each website on which information is posted under clause (ii) shall include information on the procedures by which discrepancies shall be reported to election officials. If any discrepancy exists between the posted information and the relevant poll tape or statement, the appropriate election official shall display information on the discrepancy on the website on which the information is posted under clause (ii) not later than 24 hours after the official is made aware of the discrepancy, and shall maintain the information on the discrepancy and its resolution (if applicable) on such website during the entire period for which results of the election are typically maintained on such website. (iv) The appropriate election official shall preserve archived copies of the poll tapes and statements prepared under clause (i) and reports of discrepancies filed by certified tabulation observers for the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 et seq.) or for the same duration for which archived copies of other records of the election are required to be preserved under applicable State law, whichever is longer. (B) Treatment of ballots cast at early voting sites (i) Application The requirements of this subparagraph shall apply with respect to poll tapes and statements of the number of voters who voted in person at designated sites prior to the date of the election. (ii) Daily count of voters At the close of business on each day on which ballots described in clause (i) may be cast prior to the date of the election, the appropriate election official at each such site shall— (I) under the observation of certified tabulation observers admitted to the site under subparagraph (E) (if any), prepare and post a statement of the total number of individuals who appeared at the site to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count, and the total number of ballots cast (excluding information on the votes received by individual candidates), and shall ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and (II) display at the site during regular business hours for the duration of the early voting period a paper copy of the statement prepared under subclause (I). (iii) Application of general requirements for poll tapes and statements Upon the closing of the polls on the date of the election, the appropriate election official at each designated site described in this subparagraph shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. (C) Treatment of absentee ballots (i) Daily count of ballots mailed and received At the close of each business day on which a State mails or accepts absentee ballots cast in an election for Federal office prior to the date of the election, the appropriate election official shall— (I) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the ballots are mailed and received (if any), prepare and post a statement of the total number of absentee ballots mailed and received by the official during that day and a separate count of the number of absentee ballots received but rejected (separated into categories of the reasons for rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and (II) display at the site during regular business hours for the duration of the period during which absentee ballots are processed a paper copy of the statement prepared under subclause (I). (ii) Application of general requirements for poll tapes and statements At the close of business on the last day on which absentee ballots are counted prior to the certification of the election, the appropriate election official at the site at which absentee ballots are received and counted shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. (D) Daily count of provisional ballots At the close of business on the day on which the appropriate election official determines whether or not provisional ballots cast in an election for Federal office will be counted as votes in the election (as described in section 302(a)(4)), the official shall— (i) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the determination is made (if any), prepare and post a statement of the number of such ballots for which a determination was made, the number of ballots counted, and the number of ballots rejected (separated into categories of the reason for the rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and (ii) display at the site during regular business hours for the duration of the period during which provisional ballots are processed a paper copy of the statement prepared under clause (i). (E) Admission of certified tabulation observers (i) Certified tabulation observer defined In this paragraph, a certified tabulation observer (ii) Selection In determining which individuals to certify as tabulation observers and admit to a polling place or other location to serve as certified tabulation observers with respect to an election for Federal office, the election official shall give preference to individuals who are affiliated with a candidate in the election, except that— (I) the number of individuals admitted who are affiliated with the same candidate for Federal office may not exceed one; and (II) the maximum number of individuals who may be admitted shall equal the number of candidates in the election plus 3, or such greater number as may be authorized under State law. (iii) No effect on admission of other observers Nothing in this subparagraph may be construed to limit or otherwise affect the authority of other individuals to enter and observe polling place operations under any other law, including international observers authorized under any treaty or observers of the Federal Government authorized under the Voting Rights Act of 1965. (F) No effect on other tabulation requirements Nothing in this Act may be construed to supersede any requirement that an election official at a polling place report vote totals to a central tabulation facility and address discrepancies the official finds in the aggregation of those totals with other vote totals. . (b) Requiring laboratories To meet standards prohibiting conflicts of interest as condition of accreditation for testing of voting system hardware and software (1) In general Section 231(b) of such Act ( 42 U.S.C. 15371(b) (3) Prohibiting conflicts of interest; ensuring availability of results (A) In general A laboratory may not be accredited by the Commission for purposes of this section unless— (i) the laboratory certifies that the only compensation it receives for the testing carried out in connection with the certification, decertification, and recertification of the manufacturer’s voting system hardware and software is the payment made from the Testing Escrow Account under paragraph (4); (ii) the laboratory meets such standards as the Commission shall establish (after notice and opportunity for public comment) to prevent the existence or appearance of any conflict of interest in the testing carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest; (iii) the laboratory certifies that it will permit an expert designated by the Commission or by the State requiring certification of the system being tested to observe any testing the laboratory carries out under this section; and (iv) the laboratory, upon completion of any testing carried out under this section, discloses the test protocols, results, and all communication between the laboratory and the manufacturer to the Commission. (B) Availability of results Upon receipt of information under subparagraph (A), the Commission shall make the information available promptly to election officials and the public. (4) Procedures for conducting testing; payment of user fees for compensation of accredited laboratories (A) Establishment of escrow account The Commission shall establish an escrow account (to be known as the Testing Escrow Account (B) Schedule of fees In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software. (C) Requests and payments by manufacturers A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless— (i) the manufacturer submits a detailed request for the testing to the Commission; and (ii) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee under the schedule established and in effect under subparagraph (B). (D) Selection of laboratory Upon receiving a request for testing and the payment from a manufacturer required under subparagraph (C), the Commission shall select, from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing. (E) Payments to laboratories Upon receiving a certification from a laboratory selected to carry out testing pursuant to subparagraph (D) that the testing is completed, along with a copy of the results of the test as required under paragraph (3)(A)(iv), the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(ii). (5) Dissemination of additional information on accredited laboratories (A) Information on testing Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing. (B) Information on status of laboratories The Commission shall promptly notify Congress, the chief State election official of each State, and the public whenever— (i) the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section; (ii) the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or (iii) the Commission has credible evidence of significant security failure at an accredited laboratory. . (2) Conforming amendments Section 231 of such Act ( 42 U.S.C. 15371 (A) in subsection (a)(1), by striking testing, certification, testing of voting system hardware and software by accredited laboratories in connection with the certification, decertification, and recertification of the hardware and software for purposes of this Act. (B) in subsection (a)(2), by striking testing, certification, testing of its voting system hardware and software by the laboratories accredited by the Commission under this section in connection with certifying, decertifying, and recertifying the hardware and software. (C) in subsection (b)(1), by striking testing, certification, decertification, and recertification testing (D) in subsection (d), by striking testing, certification, decertification, and recertification testing (3) Deadline for establishment of standards, escrow account, and schedule of fees The Election Assistance Commission shall establish the standards described in section 231(b)(3) of the Help America Vote Act of 2002 and the Testing Escrow Account and schedule of fees described in section 231(b)(4) of such Act (as added by paragraph (1)) not later than January 1, 2016. (4) Authorization of appropriations There are authorized to be appropriated to the Election Assistance Commission such sums as may be necessary to carry out the Commission’s duties under paragraphs (3) and (4) of section 231 of the Help America Vote Act of 2002 (as added by paragraph (1)). (c) Grants for research on development of election-Dedicated voting system software (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. 7 Grants for research on development of election-Dedicated voting system software 297. Grants for research on development of election-dedicated voting system software (a) In General The Director of the National Science Foundation (hereafter in this part referred to as the Director (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) an application containing— (1) certifications regarding the benefits of operating voting systems on election-dedicated software which is easily understandable and which is written exclusively for the purpose of conducting elections; (2) certifications that the entity will use the funds provided under the grant to carry out research on how to develop voting systems that run on election-dedicated software and that will meet the applicable requirements for voting systems under title III; and (3) such other information and certifications as the Director may require. (c) Availability of Technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Authorization of Appropriations There is authorized to be appropriated for grants under this section $1,500,000 for each of fiscal years 2017 and 2018, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: Part 7—Grants for research on development of election-Dedicated voting system software Sec. 297. Grants for research on development of election-dedicated voting system software. . 604. Availability of additional funding to enable States to meet costs of revised requirements (a) Extension of requirements payments for meeting revised requirements Section 257(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15407(a) (5) For fiscal year 2018, the sum of— (A) $1,000,000,000, except that any funds provided under the authorization made by this subparagraph shall be used by a State only to meet the requirements of title III which are first imposed on the State pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013, or to otherwise modify or replace its voting systems in response to such amendments; plus (B) such sums as may be necessary to enable States to carry out the activities described in subparagraph (A) with respect to requirements which first apply to elections for Federal office held after in November 2020, except that any funds provided under the authorization made by this subparagraph shall be used by a State only for carrying out these activities. . (b) Use of revised formula for allocation of funds Section 252(b) of such Act (42 U.S.C. 15402(b)) is amended to read as follows: (b) State Allocation Percentage Defined (1) In general Except as provided in paragraph (2), the State allocation percentage (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (2) Special rule for payments used to meet requirements imposed under Voter Confidence and Increased Accessibility Act of 2013 (A) In general In the case of the requirements payment made to a State under the authorization made by section 257(a)(5) for fiscal year 2018 or any fiscal year thereafter, the State allocation percentage (i) the sum of the number of noncompliant precincts in the State and 50 percent of the number of partially noncompliant precincts in the State; and (ii) the sum of the number of noncompliant precincts in all States and 50 percent of the number of partially noncompliant precincts in all States. (B) Noncompliant precinct defined In this paragraph, a noncompliant precinct (C) Partially noncompliant precinct defined In this paragraph, a partially noncompliant precinct (D) Requirements described The requirements described in this subparagraph with respect to a voting system are as follows: (i) The primary voting system required the use of durable paper ballots (as described in section 301(a)(2)(A)(i)(I) and 301(a)(11)(A), as amended or added by the Voter Confidence and Increased Accessibility Act of 2013) for every vote cast. (ii) The voting system allowed the voter to privately and independently verify the permanent paper ballot through the presentation of the same printed or marked information used for vote counting and auditing and to privately and independently cast the permanent paper ballot without handling the ballot manually. . (c) Revised conditions for receipt of funds Section 253 of such Act (42 U.S.C. 15403) is amended— (1) in subsection (a), by striking A State is eligible Except as provided in subsection (f), a State is eligible (2) by adding at the end the following new subsection: (f) Special Rule for Payments Used To Meet Requirements Imposed Under Voter Confidence and Increased Accessibility Act of 2013 (1) In general Notwithstanding any other provision of this part, a State is eligible to receive a requirements payment under the authorization made by section 257(a)(5) for fiscal year 2018 or any fiscal year thereafter if, not later than 90 days after the date of the enactment of the Voter Confidence and Increased Accessibility Act of 2013, the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official— (A) certifies to the Commission the number of noncompliant and partially noncompliant precincts in the State (as defined in section 252(b)(2)); (B) certifies to the Commission that the State will reimburse each unit of local government in the State for any costs the unit incurs in carrying out the activities for which the payment may be used; and (C) files a statement with the Commission describing the State’s need for the payment and how the State will use the payment to meet the requirements of title III (in accordance with the limitations applicable to the use of the payment under section 257(a)(5)). (2) Certifications by States that require changes to State law In the case of a State that requires State legislation to carry out any activity covered by any certification submitted under this subsection, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such State shall submit an additional certification once such legislation is enacted. . (d) Permitting use of funds for reimbursement for costs previously incurred Section 251(c)(1) of such Act ( 42 U.S.C. 15401(c)(1) , or as a reimbursement for any costs incurred after November 2016 in meeting the requirements of title III which are imposed pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013 or in otherwise upgrading or replacing voting systems in a manner consistent with such amendments (so long as the voting systems meet any of the requirements that apply with respect to elections for Federal office held in 2020 and each succeeding year). (e) Rule of construction regarding States receiving other funds for replacing punch card, lever, or other voting machines Nothing in the amendments made by this section or in any other provision of the Help America Vote Act of 2002 may be construed to prohibit a State which received or was authorized to receive a payment under title I or II of such Act for replacing punch card, lever, or other voting machines from receiving or using any funds which are made available under the amendments made by this section. (f) Rule of construction regarding use of funds received in prior years (1) In general Nothing contained in this Act or the Help America Vote Act of 2002 may be construed to prohibit a State from using funds received under title I or II of the Help America Vote Act of 2002 to purchase or acquire by other means a voting system that meets the requirements of paragraphs (2) and (3) of section 301 of the Help America Vote Act of 2002 (as amended by this Act) in order to replace voting systems purchased with funds received under the Help America Vote Act of 2002 that do not meet such requirements. (2) Waiver of notice and comment requirements The requirements of subparagraphs (A), (B), and (C) of section 254(a)(11) of the Help America Vote Act of 2002 shall not apply to any State using funds received under such Act for the purposes described in subparagraph (A) or (B) of paragraph (1). (g) Effective date The amendments made by this section shall apply with respect to fiscal years beginning with fiscal year 2018. 605. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(d) (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013 shall apply with respect to voting systems used for any election for Federal office held in 2018 or any succeeding year. (B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2016 (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2018 2020 (I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-marked paper ballots). (II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot). (III) Paragraph (11) of subsection (a) (relating to durability and readability requirements for ballots). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(ii)(I) and (II), and (11) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2013), for the administration of the regularly scheduled general election for Federal office held in November 2016; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2020. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot. (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period in which the delay is in effect under clause (i). (C) Special rule for jurisdictions using certain nontabulating ballot marking devices In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for Federal office held in 2018 or any succeeding year elections for Federal office occurring held in 2020 or each succeeding year . B Requirement for mandatory manual audits by hand count 611. Mandatory manual audits Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. C Mandatory manual audits 321. Requiring audits of results of elections (a) Requiring Audits (1) In general In accordance with this subtitle, each State shall administer, without advance notice to the precincts or alternative audit units selected, audits of the results of all elections for Federal office held in the State (and, at the option of the State or jurisdiction involved, of elections for State and local office held at the same time as such election) consisting of random hand counts of the voter-verified paper ballots required to be used and preserved pursuant to section 301(a)(2). (2) Exception for certain elections A State shall not be required to administer an audit of the results of an election for Federal office under this subtitle if the winning candidate in the election— (A) had no opposition on the ballot; or (B) received 80 percent or more of the total number of votes cast in the election, as determined on the basis of the final unofficial vote count. (b) Determination of Entity Conducting Audits; Application of GAO Independence Standards The State shall administer audits under this subtitle through an entity selected for such purpose by the State in accordance with such criteria as the State considers appropriate consistent with the requirements of this subtitle, except that the entity must meet the general standards established by the Comptroller General and as set forth in the Comptroller General’s Government Auditing Standards to ensure the independence (including, except as provided under section 323(b), the organizational independence) of entities performing financial audits, attestation engagements, and performance audits. (c) References to Election Auditor In this subtitle, the term Election Auditor 322. Number of ballots counted under audit (a) In General Except as provided in subsection (b), the number of voter-verified paper ballots which will be subject to a hand count administered by the Election Auditor of a State under this subtitle with respect to an election shall be determined as follows: (1) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is less than 1 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 10 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (2) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is greater than or equal to 1 percent but less than 2 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 5 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (3) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is equal to or greater than 2 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 3 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (b) Use of Alternative Mechanism (1) Permitting use of alternative mechanism Notwithstanding subsection (a), a State may adopt and apply an alternative mechanism to determine the number of voter-verified paper ballots which will be subject to the hand counts required under this subtitle with respect to an election, so long as the alternative mechanism uses the voter-verified paper ballots to conduct the audit and the National Institute of Standards and Technology determines that the alternative mechanism is in accordance with the principles set forth in paragraph (2). (2) Principles for approval In approving an alternative mechanism under paragraph (1), the National Institute of Standards and Technology shall ensure that the audit procedure will have the property that for each election— (A) the alternative mechanism will be at least as statistically effective in ensuring the accuracy of the election results as the procedures under this subtitle; or (B) the alternative mechanism will achieve at least a 95% confidence interval (as determined in accordance with criteria set forth by the National Institute of Standards and Technology) with respect to the outcome of the election. (3) Deadline for response The Director of the National Institute of Standards and Technology shall make a determination regarding a State’s request to approve an alternative mechanism under paragraph (1) not later than 30 days after receiving the State’s request. 323. Process for administering audits (a) In General The Election Auditor of a State shall administer an audit under this section of the results of an election in accordance with the following procedures: (1) Within 24 hours after the State announces the final unofficial vote count (as defined by the State) in each precinct in the State, the Election Auditor shall— (A) determine and then announce the precincts or equivalent locations (or alternative audit units used in accordance with the method provided under section 322(b)) in the State in which it will administer the audits; and (B) with respect to votes cast at the precinct or equivalent location on or before the date of the election (other than provisional ballots described in paragraph (2)), begin to administer the hand count of the votes on the voter-verified paper ballots required to be used and preserved under section 301(a)(2)(A) and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the State. (2) With respect to votes cast other than at the precinct on the date of the election (other than votes cast before the date of the election described in paragraph (2)) or votes cast by provisional ballot on the date of the election which are certified and counted by the State on or after the date of the election, including votes cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, the Election Auditor shall administer the hand count of the votes on the applicable voter-verified paper ballots required to be produced and preserved under section 301(a)(2)(A) and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the State. (b) Use of personnel In administering the audits, the Election Auditor may utilize the services of the personnel of the State or jurisdiction, including election administration personnel and poll workers, without regard to whether or not the personnel have professional auditing experience. (c) Location The Election Auditor shall administer an audit of an election— (1) at the location where the ballots cast in the election are stored and counted after the date of the election or such other appropriate and secure location agreed upon by the Election Auditor and the individual that is responsible under State law for the custody of the ballots; and (2) in the presence of the personnel who under State law are responsible for the custody of the ballots. (d) Special rule in case of delay in reporting absentee vote count In the case of a State in which the final count of absentee and provisional votes is not announced until after the date of the election, the Election Auditor shall initiate the process described in subsection (a) for administering the audit not later than 24 hours after the State announces the final unofficial vote count for the votes cast at the precinct or equivalent location on or before the date of the election, and shall initiate the administration of the audit of the absentee and provisional votes pursuant to subsection (a)(2) not later than 24 hours after the State announces the final unofficial count of such votes. (e) Additional Audits if Cause Shown (1) In general If the Election Auditor finds that any of the hand counts administered under this section do not match the final unofficial tally of the results of an election, the Election Auditor shall administer hand counts under this section of such additional precincts (or alternative audit units) as the Election Auditor considers appropriate to resolve any concerns resulting from the audit and ensure the accuracy of the election results. (2) Establishment and publication of procedures governing additional audits Not later than August 1, 2017, each State shall establish and publish procedures for carrying out the additional audits under this subsection, including the means by which the State shall resolve any concerns resulting from the audit with finality and ensure the accuracy of the election results. (f) Public Observation of Audits Each audit conducted under this section shall be conducted in a manner that allows public observation of the entire process. 324. Selection of precincts (a) In General Except as provided in subsection (c), the selection of the precincts or alternative audit units in the State in which the Election Auditor of the State shall administer the hand counts under this subtitle shall be made by the Election Auditor on a random basis, in accordance with procedures adopted by the National Institute of Standards and Technology, except that at least one precinct shall be selected at random in each county, with additional precincts selected by the Election Auditor at the Auditor’s discretion. (b) Public Selection The random selection of precincts under subsection (a) shall be conducted in public, at a time and place announced in advance. (c) Mandatory Selection of Precincts Established Specifically for Absentee Ballots If a State does not sort absentee ballots by precinct and include those ballots in the hand count with respect to that precinct, the State shall create absentee ballot precincts or audit units which are of similar size to the average precinct or audit unit in the jurisdiction being audited, and shall include those absentee precincts or audit units among the precincts in the State in which the Election Auditor shall administer the hand counts under this subtitle. (d) Deadline for Adoption of Procedures by Commission The National Institute of Standards and Technology shall adopt the procedures described in subsection (a) not later than March 31, 2017, and shall publish them in the Federal Register upon adoption. 325. Publication of results (a) Submission to Commission As soon as practicable after the completion of an audit under this subtitle, the Election Auditor of a State shall submit to the Commission the results of the audit, and shall include in the submission a comparison of the results of the election in the precinct as determined by the Election Auditor under the audit and the final unofficial vote count in the precinct as announced by the State and all undervotes, overvotes, blank ballots, and spoiled, voided, or cancelled ballots, as well as a list of any discrepancies discovered between the initial, subsequent, and final hand counts administered by the Election Auditor and such final unofficial vote count and any explanation for such discrepancies, broken down by the categories of votes described in paragraphs (1)(B) and (2) of section 323(a). (b) Publication by Commission Immediately after receiving the submission of the results of an audit from the Election Auditor of a State under subsection (a), the Commission shall publicly announce and publish the information contained in the submission. (c) Delay in certification of results by State (1) Prohibiting certification until completion of audits No State may certify the results of any election which is subject to an audit under this subtitle prior to— (A) to the completion of the audit (and, if required, any additional audit conducted under section 323(e)(1)) and the announcement and submission of the results of each such audit to the Commission for publication of the information required under this section; and (B) the completion of any procedure established by the State pursuant to section 323(e)(2) to resolve discrepancies and ensure the accuracy of results. (2) Deadline for completion of audits of Presidential elections In the case of an election for electors for President and Vice President which is subject to an audit under this subtitle, the State shall complete the audits and announce and submit the results to the Commission for publication of the information required under this section in time for the State to certify the results of the election and provide for the final determination of any controversy or contest concerning the appointment of such electors prior to the deadline described in section 6 326. Payments to States (a) Payments for Costs of Conducting Audits In accordance with the requirements and procedures of this section, the Commission shall make a payment to a State to cover the costs incurred by the State in carrying out this subtitle with respect to the elections that are the subject of the audits conducted under this subtitle. (b) Certification of Compliance and Anticipated Costs (1) Certification required In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing— (A) a certification that the State will conduct the audits required under this subtitle in accordance with all of the requirements of this subtitle; (B) a notice of the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in carrying out this subtitle with respect to the elections involved; and (C) such other information and assurances as the Commission may require. (2) Amount of payment The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in carrying out this subtitle with respect to the elections involved, as set forth in the statement submitted under paragraph (1). (3) Timing of notice The State may not submit a notice under paragraph (1) until candidates have been selected to appear on the ballot for all of the elections for Federal office which will be the subject of the audits involved. (c) Timing of Payments The Commission shall make the payment required under this section to a State not later than 30 days after receiving the notice submitted by the State under subsection (b). (d) Recoupment of Overpayments No payment may be made to a State under this section unless the State agrees to repay to the Commission the excess (if any) of— (1) the amount of the payment received by the State under this section with respect to the elections involved; over (2) the actual costs incurred by the State in carrying out this subtitle with respect to the elections involved. (e) Authorization of Appropriations There is authorized to be appropriated to the Commission for fiscal year 2018 and each succeeding fiscal year $100,000,000 for payments under this section. 327. Exception for elections subject to recount under State law prior to certification (a) Exception This subtitle does not apply to any election for which a recount under State law will commence prior to the certification of the results of the election, including but not limited to a recount required automatically because of the margin of victory between the 2 candidates receiving the largest number of votes in the election, but only if each of the following applies to the recount: (1) The recount commences prior to the determination and announcement by the Election Auditor under section 323(a)(1) of the precincts in the State in which it will administer the audits under this subtitle. (2) If the recount would apply to fewer than 100 percent of the ballots cast in the election— (A) the number of ballots counted will be at least as many as would be counted if an audit were conducted with respect to the election in accordance with this subtitle; and (B) the selection of the precincts in which the recount will be conducted will be made in accordance with the random selection procedures applicable under section 324. (3) The recount for the election meets the requirements of section 323(f) (relating to public observation). (4) The State meets the requirements of section 325 (relating to the publication of results and the delay in the certification of results) with respect to the recount. (b) Clarification of Effect on Other Requirements Nothing in this section may be construed to waive the application of any other provision of this Act to any election (including the requirement set forth in section 301(a)(2) that the voter verified paper ballots serve as the vote of record and shall be counted by hand in all audits and recounts, including audits and recounts described in this subtitle). 328. Effective date This subtitle shall apply with respect to elections for Federal office held in 2018 or any succeeding year. . 612. Availability of enforcement under Help America Vote Act of 2002 Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 , or the requirements of subtitle C of title III. 613. Guidance on best practices for alternative audit mechanisms (a) In general Not later than May 1, 2017, the Director of the National Institute for Standards and Technology shall establish guidance for States that wish to establish alternative audit mechanisms under section 322(b) of the Help America Vote Act of 2002 (as added by section 611). Such guidance shall be based upon scientifically and statistically reasonable assumptions for the purpose of creating an alternative audit mechanism that will be consistent with the principles for approval described in section 322(b)(2) of such Act (as so added). (b) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $100,000, to remain available until expended. 614. Clerical amendment The table of contents of the Help America Vote Act of 2002 is amended by adding at the end of the items relating to title III the following: Subtitle C—Mandatory Manual Audits Sec. 321. Requiring audits of results of elections. Sec. 322. Number of ballots counted under audit. Sec. 323. Process for administering audits. Sec. 324. Selection of precincts. Sec. 325. Publication of results. Sec. 326. Payments to States. Sec. 327. Exception for elections subject to recount under State law prior to certification. Sec. 328. Effective date. . VII Provisional Ballots 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards (a) In general Section 302 of the Help America Vote Act of 2002 (42 U.S.C. 15482) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: (d) Statewide counting of provisional ballots (1) In general For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2014. (e) Uniform and nondiscriminatory standards (1) In general Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2014. . (b) Conforming amendment Section 302(f) of such Act ( 42 U.S.C. 15482(f) Each State Except as provided in subsections (d)(2) and (e)(2), each State VIII Early Voting and Voting by Mail 801. Early voting and voting by mail (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. (1) by redesignating sections 306 and 307 as sections 308 and 309; and (2) by inserting after section 305 the following new sections: 306. Early voting (a) In general Each State shall allow individuals to vote in an election for Federal office not less than 15 days prior to the day scheduled for such election in the same manner as voting is allowed on such day. (b) Minimum early voting requirements Each polling place which allows voting prior to the day of a Federal election pursuant to subsection (a) shall— (1) allow such voting for no less than 4 hours on each day (other than Sunday); and (2) have uniform hours each day for which such voting occurs. (c) Location of polling places near public transportation To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the day of a Federal election pursuant to subsection (a) is located within walking distance of a stop on a public transportation route. (d) Standards (1) In general The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (2) Deviation The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. (e) Effective date This section shall apply with respect to elections held on or after January 1, 2014. 307. Promoting ability of voters to vote by mail (a) In General If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except as required under subsection (b) and except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. (b) Requiring signature verification A State may not accept and process an absentee ballot submitted by any individual with respect to an election for Federal office unless the State verifies the identification of the individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on the official list of registered voters in the State, in accordance with such procedures as the State may adopt. (c) Effective date This section shall apply with respect to elections held on or after January 1, 2014. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission Section 311(b) of such Act ( 42 U.S.C. 15501(b) (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (5) in the case of the recommendations with respect to section 306, June 30, 2013; and (6) in the case of the recommendations with respect to section 307, June 30, 2013. . (c) Clerical amendment The table of contents of such Act is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 308 and 309; and (2) by inserting after the item relating to section 305 the following new items: Sec. 306. Early voting. Sec. 307. Promoting ability of voters to vote by mail. . IX Absent Uniformed Services Voters and Overseas Voters 901. Extending guarantee of residency for voting purposes to family members of absent military personnel Section 705 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 595 (1) in the heading, by striking spouses family members (2) by amending subsection (b) to read as follows: (b) Family members For the purposes of voting for in any election for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State. . 902. Pre-election reports on availability and transmission of absentee ballots Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(c) (c) Reports on Availability, transmission, and receipt of absentee ballots (1) Pre-election report on absentee ballot availability Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the Commission (2) Pre-election report on absentee ballot transmission Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots have been transmitted by not later than 45 days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission, and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. (3) Post-election report on number of absentee ballots transmitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Attorney General, the Commission, and the Presidential Designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day. . 903. Enforcement (a) Availability of civil penalties and private rights of action Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4 105. Enforcement (a) Action by Attorney General (1) In general The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (2) Penalty In a civil action brought under paragraph (1), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or (B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. (3) Report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. (b) Private right of action A person who is aggrieved by a State's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section. . (b) Effective date The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. 904. Revisions to 45-day absentee ballot transmission rule (a) Repeal of waiver authority (1) In general Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 (2) Conforming amendment Section 102(a)(8)(A) of such Act (42 U.S.C. 1973ff–1(a)(8)(A)) is amended by striking except as provided in subsection (g), (b) Requiring use of express delivery in case of failure To meet requirement Section 102 of such Act ( 42 U.S.C. 1973ff–1 (g) Requiring use of express delivery in case of failure To transmit ballots within deadlines (1) Transmission of ballot by express delivery If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 45 days before the election (in the case in which the request is received at least 45 days before the election)— (A) the State shall transmit the ballot to the voter by express delivery; or (B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically. (2) Special rule for transmission fewer than 40 days before the election If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. . (c) Clarification of treatment of weekends Section 102(a)(8)(A) of such Act ( 42 U.S.C. 1973ff–1(a)(8)(A) the election; the election (or, if the 45th day preceding the election is a weekend or legal public holiday, not later than the most recent weekday which precedes such 45th day and which is not a legal public holiday, but only if the request is received by at least such most recent weekday); 905. Use of single absentee ballot application for subsequent elections (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 104. Use of single application for subsequent elections (a) In general If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens. . (b) Effective date The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. 906. Effective date The amendments made by this title shall apply with respect to elections occurring on or after January 1, 2014. X Poll Worker Recruitment and Training 1001. Leave to serve as a poll worker for Federal employees (a) In general Subchapter II of chapter 63 6329. Absence in connection with serving as a poll worker (a) In general An employee in or under an Executive agency is entitled to leave, without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, not to exceed 6 days in a leave year, in order— (1) to provide election administration assistance to a State or unit of local government at a polling place on the date of any election for public office; or (2) to receive any training without which such employee would be ineligible to provide such assistance. (b) Regulations The Director of the Office of Personnel Management may prescribe regulations for the administration of this section, including regulations setting forth the terms and conditions of the election administration assistance an employee may provide for purposes of subsection (a). . (b) Clerical amendment The table of sections for chapter 63 6329. Absence in connection with serving as a poll worker. . 1002. Grants to States for poll worker recruitment and training (a) Grants by Election Assistance Commission (1) In general The Election Assistance Commission (hereafter referred to as the Commission (2) Use of Commission materials In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (b) Requirements for Eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as nonpartisan poll workers after recruitment and training with the funds provided under this section; and (D) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress (1) Reports by recipients of grants Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding (1) Continuing availability of amount appropriated Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 1003. Model poll worker training program (a) Development of program by Election Assistance Commission Not later than 1 year after the date of the enactment of this Act, the Election Assistance Commission shall develop and provide to each State materials for a model poll worker training program which the State may use to train individuals to serve as poll workers in elections for Federal office. (b) Contents of materials The materials for the model poll worker training program developed under this section shall include materials to provide training with respect to the following: (1) The relevant provisions of the Federal laws which apply to the administration of elections for Federal office in the State, including the Voting Rights Act of 1965 and the Help America Vote Act of 2002. (2) The provision of access to voting to individuals with disabilities in a manner which preserves the dignity and privacy of such individuals. (3) The provision of access to voting to individuals with limited English language proficiency, and to individuals who are members or racial or ethnic minorities, consistent with the protections provided for such individuals under relevant law, in a manner which preserves the dignity of such individuals. (4) Practical experience in the use of the voting machines which will be used in the election involved, including the accessibility features of such machines. (5) Such other election administration subjects as the Commission considers appropriate to ensure that poll workers are able to effectively assist with the administration of elections for Federal office. 1004. State defined In this title, the term State XI Enhancement of Enforcement 1101. Enhancement of enforcement of Help America Vote Act of 2002 (a) Complaints; Availability of private right of action Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 (1) by striking The Attorney General (a) In General.— (2) by adding at the end the following new subsections: (b) Filing of Complaints by Aggrieved Persons (1) In general A person who is aggrieved by a violation of subtitle A or subtitle C of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (2) Response by Attorney General The Attorney General shall respond to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to be made within the same (or shorter) deadlines which apply to a State under the State-based administrative complaint procedures described in section 402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action Any person who is authorized to file a complaint under subsection (b)(1) (including any individual who seeks to enforce the individual’s right to a voter-verified paper ballot, the right to have the voter-verified paper ballot counted in accordance with this Act, or any other right under subtitles A or C of title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 (d) No effect on State procedures Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection. . (b) Effective date The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2014 or any succeeding year. XII Federal Election Integrity 1201. Prohibition on campaign activities by chief State election administration officials (a) In General Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 the following new section: 319A. Campaign activities by chief State election administration officials (a) Prohibition It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. (b) Chief State election administration official The term chief State election administration official (c) Active part in political management or in a political campaign The term active part in political management or in a political campaign (1) serving as a member of an authorized committee of a candidate for Federal office; (2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; (3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and (4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). (d) Exception for Campaigns of Official or Immediate Family Members (1) In general This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate. (2) Immediate family member defined In paragraph (1), the term immediate family member . (b) Effective Date The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2013. XIII Other Election Administration Improvements 1301. Treatment of universities as voter registration agencies (a) In general Section 7(a) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5(a) (1) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (B) and inserting ; and (C) by adding at the end the following new subparagraph: (C) each institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ; and (2) in paragraph (6)(A), by inserting or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study assistance, (b) Amendment to Higher Education Act of 1965 Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (c) Effective date The amendments made by this section shall apply with respect to elections held on or after January 1, 2014. 1302. Minimum notification requirements for voters affected by polling place changes (a) Requirements Section 302 of the Help America Vote Act of 2002 ( 42 U.S.C. 15482 (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Minimum notification requirements for voters affected by polling place changes (1) In general If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote— (A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election; or (B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2014. . (b) Conforming amendment Section 302(f) of such Act ( 42 U.S.C. 15482(f) (d)(2) and (e)(2) (d)(2), (e)(2), and (f)(2) 1303. Voter information response systems and hotline (a) Establishment and operation of systems and services (1) State-based response systems The Attorney General shall coordinate the establishment of a State-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to register to vote, in elections for Federal office. Such system shall provide— (A) State-specific, same-day, and immediate assistance to such individuals, including information on how to register to vote, the location and hours of operation of polling places, and how to obtain absentee ballots; and (B) State-specific, same-day, and immediate assistance to individuals encountering problems with registering to vote or voting, including individuals encountering intimidation or deceptive practices. (2) Hotline The Attorney General, in consultation with State election officials, shall establish and operate a toll-free telephone service, using a telephone number that is accessible throughout the United States and that uses easily identifiable numerals, through which individuals throughout the United States— (A) may connect directly to the State-based response system described in paragraph (1) with respect to the State involved; (B) may obtain information on voting in elections for Federal office, including information on how to register to vote in such elections, the locations and hours of operation of polling places, and how to obtain absentee ballots; and (C) may report information to the Attorney General on problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression. (3) Collaboration with State and local election officials (A) Collection of information from states The Attorney General shall coordinate the collection of information on State and local election laws and policies, including information on the Statewide computerized voter registration lists maintained under title III of the Help America Vote Act of 2002, so that individuals who contact the free telephone service established under paragraph (2) on the date of an election for Federal office may receive an immediate response on that day. (B) Forwarding questions and complaints to States If an individual contacts the free telephone service established under paragraph (2) on the date of an election for Federal office with a question or complaint with respect to a particular State or jurisdiction within a State, the Attorney General shall forward the question or complaint immediately to the appropriate election official of the State or jurisdiction so that the official may answer the question or remedy the complaint on that date. (b) Use of service by individuals with disabilities and individuals with limited English language proficiency The Attorney General shall design and operate the telephone service established under this section in a manner that ensures that individuals with disabilities and individuals with limited proficiency in the English language are fully able to use the service. (c) Voter Hotline Task Force (1) Appointment by attorney general The Attorney General shall appoint individuals (in such number as the Attorney General considers appropriate but in no event fewer than 3) to serve on a Voter Hotline Task Force to provide ongoing analysis and assessment of the operation of the telephone service established under this section, and shall give special consideration in making appointments to the Task Force to individuals who represent civil rights organizations. At least one member of the Task Force shall be a representative of an organization promoting voting rights or civil rights which has experience in the operation of similar telephone services or in protecting the rights of individuals to vote, especially individuals who are members or racial minorities or of communities who have been adversely affected by efforts to suppress voting rights. (2) Eligibility An individual shall be eligible to serve on the Task Force under this subsection if the individual meets such criteria as the Attorney General may establish, except that an individual may not serve on the task force if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression. (3) Term of service An individual appointed to the Task Force shall serve a single term of 2 years, except that the initial terms of the members first appointed to the Task Force shall be staggered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in the membership of the Task Force shall be filled in the same manner as the original appointment. (4) No compensation for service Members of the Task Force shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (d) Biannual report to Congress Not later than March 1 of each odd-numbered year, the Attorney General shall submit a report to Congress on the operation of the telephone service established under this section during the previous 2 years, and shall include in the report— (1) an enumeration of the number and type of calls that were received by the service; (2) a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression; (3) an assessment of the effectiveness of the service in making information available to all households in the United States with telephone service; (4) any recommendations developed by the Task Force established under subsection (c) with respect to how voting systems may be maintained or upgraded to better accommodate voters and better ensure the integrity of elections, including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements; and (5) any recommendations on best practices for the State-based response systems established under subsection (a)(1). (e) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Attorney General for fiscal year 2013 and each succeeding fiscal year such sums as may be necessary to carry out this section. (2) Set-aside for outreach Of the amounts appropriated to carry out this Act for a fiscal year pursuant to the authorization under paragraph (1), not less than 15% shall be used for outreach activities to make the public aware of the availability of the telephone service established under this section, with an emphasis on outreach to individuals with disabilities and individuals with limited proficiency in the English language. 1304. Reauthorization of election assistance commission Section 210 of the Help America Vote Act of 2002 ( 42 U.S.C. 15330 for each of the fiscal years 2003 through 2005 for each of the fiscal years 2013 through 2017 1305. Application of laws to Commonwealth of Northern Mariana Islands (a) National Voter Registration Act of 1993 Section 3(4) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–1 States and the District of Columbia States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands (b) Help America Vote Act of 2002 (1) In general Section 901 of the Help America Vote Act of 2002 (42 U.S.C. 15541) is amended by striking and the United States Virgin Islands the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands (2) Conforming amendment relating to minimum amount of requirements payment to territories Section 252(c)(2) of such Act ( 42 U.S.C. 15402(c)(2) or the United States Virgin Islands the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands 1306. Repeal of exemption of Election Assistance Commission from certain government contracting requirements (a) In general Section 205 of the Help America Vote Act of 2002 (42 U.S.C. 15325) is amended by striking subsection (e). (b) Effective date The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. 1307. No effect on other laws (a) In general Except as specifically provided, nothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. (2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. (4) The National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (b) No effect on preclearance or other requirements under Voting Rights Act The approval by any person of a payment or grant application under this Act, or any other action taken by any person under this Act, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973c | Voter Empowerment Act of 2013 |
Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 - Amends the Energy Policy Act of 2005 to expand the list of technology categories that are eligible for loan guarantees by including a category for infrastructure for provision and distribution of alternative fuels. Amends the Energy Independence and Security Act of 2007 to: (1) redefine "advanced technology vehicle," for purposes of the advanced technology vehicles manufacturing incentive program, to include certain vehicles that will reduce consumption of conventional motor fuel by 25% or more compared to existing surface transportation technologies that perform a similar function; (2) repeal the limit on the amount of appropriations that may be used for direct loans under such program; and (3) extend funding through FY2018 for such program. Directs the Secretary to: (1) assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports; (2) provide technical assistance for the deployment of alternative fuel and alternative fueled vehicles and infrastructure; and (3) award grants to provide training and education for vocational workforce development for the manufacture and maintenance of alternative fueled vehicles and the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. Amends the Energy Policy Act of 2005 to: (1) redefine "idle reduction technology" to include a technology that uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions; and (2) extend appropriations through FY2018 to reduce extended idling from heavy-duty vehicles and locomotives. Requires the Secretary to identify barriers and remedies in electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability at economically competitive costs for consumers. Requires the Secretary to establish an interagency coordination council for the development and procurement of alternative fueled vehicles by federal agencies. Requires electricity and natural gas consumed by federal agencies to fuel alternative fueled vehicles to be considered an alternative fuel and accounted for under federal fleet management reporting requirements, rather than under federal building management reporting requirements. Requires the Secretary to assess federal government fleets. Extends states' authority to allow inherently low-emission and energy-efficient vehicles to use high occupancy vehicle (HOV) lanes. | 113 S1230 IS: Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1230 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Wyden Ms. Stabenow Committee on Energy and Natural Resources A BILL To reduce oil consumption and improve energy security, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Alternative Fueled Vehicles Competitiveness and Energy Security 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. Definitions. Sec. 3. Loan guarantees for alternative fuel infrastructure. Sec. 4. Advanced technology vehicles manufacturing incentive program. Sec. 5. Conventional fuel replacement calculation and assessment. Sec. 6. Technical assistance and coordination. Sec. 7. Workforce training. Sec. 8. Reduction of engine idling and conventional fuel consumption. Sec. 9. Electric, hydrogen, and natural gas utility and oil pipeline participation. Sec. 10. Federal fleets. Sec. 11. HOV lane access extension. 2. Definitions In this Act: (1) Alternative fuel The term alternative fuel (2) Alternative fueled vehicle The term alternative fueled vehicle 42 U.S.C. 13211 (3) Community college The term community college junior or community college 20 U.S.C. 1058 (4) Department The term Department (5) Nonroad vehicle (A) In general The term nonroad vehicle (B) Inclusions The term nonroad vehicle (i) for industrial, farming, or commercial use; (ii) for rail transportation; (iii) at an airport; or (iv) for marine purposes. (6) Secretary The term Secretary 3. Loan guarantees for alternative fuel infrastructure Section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) (11) Infrastructure for provision and distribution of alternative fuels. . 4. Advanced technology vehicles manufacturing incentive program Section 136 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013 (1) in subsection (a)— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as redesignated by clause (i)), by striking means an ultra efficient vehicle or a light duty vehicle that meets— (A) an ultra efficient vehicle or a light duty vehicle that meets— ; (iii) in clause (iii) (as redesignated by clause (i)), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (B) a vehicle (such as a medium-duty or heavy-duty work truck, bus, or rail transit vehicle) that— (i) is used on a public street, road, highway, or transitway; (ii) meets each applicable emission standard that is established as of the date of the application; and (iii) will reduce consumption of conventional motor fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that— (I) the percentage is not achievable for a vehicle type or class; and (II) an alternative percentage for that vehicle type or class will result in substantial reductions in motor fuel consumption within the United States. ; (B) in paragraph (3)(B)— (i) by striking equipment and equipment, (ii) by inserting , and manufacturing process equipment suppliers (C) by striking paragraph (4) and inserting the following: (4) Qualifying components The term qualifying components (A) to be designed to improve fuel economy or otherwise substantially reduce consumption of conventional motor fuel; or (B) to contribute measurably to the overall improved fuel use of an advanced technology vehicle, including idle reduction technologies. ; (2) in subsection (b), in the matter preceding paragraph (1), by striking to automobile to advanced technology vehicle (3) in subsection (d)(1), in the first sentence, by striking a total of not more than $25,000,000,000 in (4) in subsection (h)— (A) in the subsection heading, by striking Automobile Advanced Technology Vehicle (B) in paragraph (1)(B), by striking automobiles advanced technology vehicles (5) in subsection (i), by striking 2012 2018 5. Conventional fuel replacement calculation and assessment (a) Methodology Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, develop a methodology for calculating the equivalent volumes of conventional fuel displaced by use of each alternative fuel to assess the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports. (b) National assessment Not later than 3 years after the date of enactment of this Act, the Secretary shall— (1) conduct a national assessment (using the methodology developed under subsection (a)) of the effectiveness of alternative fuel and alternative fueled vehicles in reducing oil imports into the United States, including as assessment of— (A) market penetration of alternative fuel and alternative fueled vehicles in the United States; (B) successes and barriers to deployment identified by the programs established under this Act; and (C) the maximum feasible deployment of alternative fuel and alternative fueled vehicles by 2020 and 2030; and (2) report to Congress the results of the assessment. 6. Technical assistance and coordination (a) Technical assistance to State, local, and tribal governments (1) In general In carrying out this title, the Secretary shall provide, at the request of the Governor, mayor, county executive, public utility commissioner, or other appropriate official or designee, technical assistance to State, local, and tribal governments or to a public-private partnership described in paragraph (2) to assist with the deployment of alternative fuel and alternative fueled vehicles and infrastructure. (2) Public-private partnership Technical assistance under this section may be awarded to a public-private partnership, comprised of State, local or tribal governments and nongovernmental entities, including— (A) electric or natural gas utilities or other alternative fuel distributors; (B) vehicle manufacturers; (C) alternative fueled vehicle or alternative fuel technology providers; (D) vehicle fleet owners; (E) transportation and freight service providers; or (F) other appropriate non-Federal entities, as determined by the Secretary. (3) Assistance The technical assistance described in paragraph (1) may include— (A) coordination in the selection, location, and timing of alternative fuel recharging and refueling equipment and distribution infrastructure, including the identification of transportation corridors and specific alternative fuels that would be made available; (B) development of protocols and communication standards that facilitate vehicle refueling and recharging into electric, natural gas, and other alternative fuel distribution systems; (C) development of codes and standards for the installation of alternative fuel distribution and recharging and refueling equipment; (D) education and outreach for the deployment of alternative fuel and alternative fueled vehicles; and (E) utility rate design and integration of alternative fueled vehicles into electric and natural gas utility distribution systems. (b) Cost Sharing Cost sharing for assistance awarded under this section shall be consistent with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. 7. Workforce training (a) In general The Secretary, in consultation with the Secretary of Labor, shall award grants to community colleges, other institutions of higher education, and other qualified training and education institutions for the establishment or expansion of programs to provide training and education for vocational workforce development for— (1) the manufacture and maintenance of alternative fueled vehicles; and (2) the manufacture, installation, support, and inspection of alternative fuel recharging, refueling, and distribution infrastructure. (b) Purpose Training funded under this section shall be intended to ensure that the workforce has the necessary skills needed to manufacture, install, and maintain alternative fuel infrastructure and alternative fueled vehicles. (c) Scope Training funded under this section shall include training for— (1) electricians, plumbers, pipefitters, and other trades and contractors who will be installing, maintaining, or providing safety support for alternative fuel recharging, refueling, and distribution infrastructure; (2) building code inspection officials; (3) vehicle, engine, and powertrain dealers and mechanics; and (4) others positions as the Secretary determines necessary to successfully deploy alternative fuels and vehicles. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. 8. Reduction of engine idling and conventional fuel consumption (a) Definition of idle reduction technology Section 756(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16104(a) (5) Idle reduction technology The term idle reduction technology (A) (i) is used to reduce long-duration idling; and (ii) allows for the main drive engine or auxiliary refrigeration engine to be shut down; or (B) uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions. . (b) Funding Section 756(b)(4)(B) of the Energy Policy Act of 2005 ( 42 U.S.C. 16104(b)(4)(B) fiscal year 2008 each of fiscal years 2008 through 2018 9. Electric, hydrogen, and natural gas utility and oil pipeline participation (a) In general The Secretary shall identify barriers and remedies in existing electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability, at economically competitive costs of alternative fuel for consumers, including— (1) model regulatory rate design and billing for recharging and refueling alternative fueled vehicles; (2) electric grid load management and applications that will allow batteries in plug-in electric drive vehicles to be used for grid storage, ancillary services provision, and backup power; (3) integration of plug-in electric drive vehicles with smart grid technology, including protocols and standards, necessary equipment, and information technology systems; (4) technical and economic barriers to transshipment of biofuels by oil pipelines, or distribution of hydrogen; and (5) any other barriers to installing sufficient and appropriate alternative fuel recharging and refueling infrastructure. (b) Consultation The Secretary shall carry out this section in consultation with— (1) the Federal Energy Regulatory Commission; (2) State public utility commissions; (3) State consumer advocates; (4) electric and natural gas utility and transmission owners and operators; (5) oil pipeline owners and operators; (6) hydrogen suppliers; and (7) other affected entities. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing actions taken to carry out this section. 10. Federal fleets (a) In general The Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall establish an interagency coordination council for the development and procurement of alternative fueled vehicles by Federal agencies. (b) Electricity and natural gas Electricity and natural gas consumed by Federal agencies to fuel alternative fueled vehicles shall be— (1) considered an alternative fuel; and (2) accounted for under Federal fleet management reporting requirements, rather than under Federal building management reporting requirements. (c) Assessment and report Not later than 180 days after the date of enactment of this Act, the Secretary (in consultation with the Administrator of General Services, the Secretary of Defense, the Postmaster General, and the Director of the Office of Management and Budget) shall complete an assessment of Federal Government fleets (including the United States Postal Service and the Department of Defense) and submit to Congress a report that describes— (1) for each Federal agency with a fleet of more than 200 vehicles, which types of vehicles the agency uses that would or would not be suitable for alternative fuel use either through the procurement of new alternative fueled vehicles, or the conversion to alternative fuel, taking into account the types of vehicles for which alternative fuel could provide comparable functionality and lifecycle costs; (2) the quantity of alternative fueled vehicles that could be deployed by the Federal Government in 5 years and in 10 years, assuming that the vehicles are available and are purchased when new vehicles are needed or existing vehicles are replaced; and (3) the estimated cost and benefits to the Federal Government for vehicle purchases or conversions described in this subsection. 11. HOV lane access extension Section 166(b)(5) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking Before September 30, 2017, the State The State (2) in subparagraph (B), by striking Before September 30, 2017, the State The State | Alternative Fueled Vehicles Competitiveness and Energy Security Act of 2013 |
Great Lakes Ecological and Economic Protection Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to include as a purpose of such Act to achieve the goals established in the Great Lakes Restoration Initiative Action Plan (Action Plan), the Great Lakes Regional Collaboration Strategy (Strategy), and the Great Lakes Water Quality Agreement of 1978 (Agreement) through: (1) improved organization and definition of mission on the part of the Environmental Protection Agency (EPA); (2) the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; and (3) improved accountability. Expands the duties of the Great Lakes National Program Office to include coordinating with the Great Lakes Interagency Task Force (Task Force), established by this Act. Requires the Administrator of EPA to establish the Great Lakes Advisory Board to provide advice and recommendations to the Administrator on matters pertaining to Great Lakes restoration and protection. Finds that the Great Lakes Restoration Initiative (Initiative), which commenced in 2010, is designed to: (1) identify programs and projects that are strategically selected to target the most significant environmental problems in the Great Lakes ecosystem and to implement the Great Lakes Regional Collaboration Strategy; (2) be based on the work of the Task Force; and (3) represent the government's commitment to significantly advancing Great Lakes protection and restoration. Requires the Initiative to prioritize work done by non-federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as: (1) the remediation of toxic substances and areas of concern, (2) the prevention and control of invasive species and their impacts, (3) the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution, and (4) habitat and wildlife protection and restoration. Requires that: (1) Initiative funds be used to strategically implement federal projects and projects carried out in coordination with states, Indian tribes, municipalities, institutions of higher education, and other organizations; and (2) Initiative projects be carried out on multiple levels, including local, Great Lakes-wide, and Great Lakes basin-wide. Prohibits funding made available to implement the Initiative from being used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) that is implemented using funds made available under the clean water or drinking water state revolving fund program. Requires federal agencies to: (1) maintain the base level of funding for their Great Lakes activities, and (2) identify new activities to support the environmental goals of the Initiative. Authorizes appropriations for the Initiative for FY2014-FY2018. Establishes the Task Force to: collaborate with Canada, provinces of Canada, and binational bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes System; coordinate the development of federal policies, strategies, projects, and priorities for addressing the restoration and protection of the System consistent with the Agreement, the Strategy, and the Action Plan; assist in the appropriate management of the System; develop goals for the System that focus on outcomes such as cleaner water, improved public health, sustainable fisheries, and biodiversity and ensure that federal policies, strategies, projects, and priorities support measurable results and are consistent with the Strategy and Action Plan; exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to the System, the Strategy, the Agreement, and the Action Plan; coordinate government action associated with the System; seek input from nongovernmental organizations, states, and local and tribal governments; ensure coordinated scientific and other research associated with the System; provide assistance and support to agencies represented on the Task Force in activities relating to the System; establish annual priorities with respect to Great Lakes protection and restoration, consistent with priorities for the Strategy and the Agreement; review and update such Strategy and Action Plan every five years in coordination with specified entities; and report on what actions have and have not been implemented with respect to the recommendations made by the Board and the Great Lakes' mayors, the governors, and tribal leaders. Requires the Administrator to submit to Congress annually a comprehensive report on the overall health of the Great Lakes, including a description of the achievements in implementing the Agreement, a list of the Initiative's accomplishments, and recommendations for streamlining work of advisory and coordinating committees. Requires the Director of the Office of Management and Budget (OMB) to submit to Congress, annually, a financial report certified by each agency that has budget authority for Great Lakes restoration activities that contains: (1) an interagency budget crosscut report, (2) a detailed accounting of all funds received and obligated by all federal agencies and state agencies using federal funds for Great Lakes restoration activities during the current and previous fiscal years, (3) a budget for the proposed projects to be carried out in the subsequent fiscal year, and (4) a listing of projects to be undertaken in the subsequent fiscal year. Authorizes appropriations for: (1) remediation of sediment contamination in areas of concern in the Great Lakes, and (2) the Great Lakes Program. | 113 S1232 IS: Great Lakes Ecological and Economic Protection Act of 2013 U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1232 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Levin Mr. Kirk Ms. Stabenow Ms. Klobuchar Mr. Brown Mr. Durbin Mr. Franken Mr. Schumer Ms. Baldwin Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to protect and restore the Great Lakes. 1. Short title This Act may be cited as the Great Lakes Ecological and Economic Protection Act of 2013 2. Great Lakes provision modifications (a) Findings; purpose Section 118(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a) (1) in paragraph (1)— (A) by striking subparagraph (B) and inserting the following: (B) the United States should seek to attain the goals embodied in the Great Lakes Restoration Initiative Action Plan, the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality Agreement of 1978 (including subsequent amendments); and ; and (B) in subparagraph (C), by inserting , tribal, State (2) by striking paragraph (2) and inserting the following: (2) Purpose The purpose of this section is to achieve the goals established in the Great Lakes Restoration Initiative Action Plan, the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality Agreement through— (A) improved organization and definition of mission on the part of the Agency; (B) the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; and (C) improved accountability. ; and (3) by striking paragraph (3) and inserting the following: (3) Definitions In this section: (A) Agency The term Agency (B) Area of concern The term area of concern (C) Great Lakes The term Great Lakes (D) Great Lakes mayor The term Great lakes mayor (E) Great Lakes Regional Collaboration Strategy The term Great Lakes Regional Collaboration Strategy (F) Great Lakes State The term Great Lakes State (G) Great Lakes System The term Great Lakes System (H) Great Lakes Water Quality Agreement The term Great Lakes Water Quality Agreement (I) Potentially responsible party The term potentially responsible party (J) Program Office The term Program Office (K) Remedial Action Plan The term Remedial Action Plan (L) Site characterization The term site characterization . (b) Great Lakes management Section 118(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c) (1) in paragraph (1)— (A) in subparagraph (A), by striking ,; (B) by striking subparagraph (E); (C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (D) in subparagraph (D) (as so redesignated), by adding and (E) in subparagraph (E) (as so redesignated), by striking ; and (F) by inserting after subparagraph (B) the following: (C) coordinate with the Great Lakes Interagency Task Force, as required under paragraph (8); ; (2) in paragraph (3)(C), by striking subparagraph (c)(1)(C) of this section paragraph (1)(D) (3) by striking paragraph (6) and inserting the following: (6) Great Lakes governance and management (A) Great Lakes Advisory Board (i) Establishment The Administrator shall establish an advisory board, to be known as the Great Lakes Advisory Board (ii) Membership The Great Lakes Advisory Board shall be composed of not fewer than 12 and not more than 20 members of whom— (I) 1 shall be appointed by the Great Lakes Governors to represent the interests of all of the Great Lakes States; (II) 1 shall be appointed by the Great Lakes mayors to represent the interests of local governments in the Great Lakes Region; (III) 1 shall be from a Great Lakes tribal government; and (IV) the remaining members shall be appointed by the Administrator and shall include, in a manner that ensures to the maximum extent practicable geographic representation of the Great Lakes basin, representatives of or individuals affiliated with— (aa) environmental groups; (bb) hunting, fishing, and conservation organizations; (cc) businesses; (dd) agricultural groups; (ee) foundations; (ff) environmental justice organizations; (gg) academia; and (hh) State, local, and tribal governments. (iii) Meetings The Great Lakes Advisory Board shall meet not less frequently than once every 180 days. (iv) Operation The Great Lakes Advisory Board shall— (I) operate on a collaborative basis; and (II) seek input from a broad variety of stakeholders. (v) Costs The members of the Great Lakes Advisory Board 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 ; (4) by striking paragraph (7) and inserting the following: (7) Great Lakes Restoration Initiative (A) Findings Congress finds that— (i) the goal of the Great Lakes program of the Agency is to restore and maintain the chemical, physical, and biological integrity of the Great Lakes basin ecosystem; and (ii) in 2010, the Agency, in coordination with Federal partners, commenced implementation of a new Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative (I) to identify programs and projects that are strategically selected— (aa) to target the most significant environmental problems in the Great Lakes ecosystem; and (bb) to implement the Great Lakes Regional Collaboration Strategy; (II) to be based on the work of the Great Lakes Interagency Task Force established by paragraph (8)(A); and (III) to represent the commitment of the Federal Government to significantly advancing Great Lakes protection and restoration. (B) Focus areas The Initiative shall prioritize work done by non-Federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as— (i) the remediation of toxic substances and areas of concern; (ii) the prevention and control of invasive species and the impacts of invasive species; (iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; (iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and (v) accountability, monitoring, evaluation, communication, and partnership activities. (C) Projects Pursuant to the Initiative, the Agency shall consult with Federal partners, including the Great Lakes Interagency Task Force, and take into consideration the recommendations of the Great Lakes Advisory Board to select the best combination of programs and projects for Great Lakes protection and restoration using principles and criteria such as— (i) the ability to achieve strategic and measurable environmental outcomes that implement the Great Lakes Collaboration Strategy and the Great Lakes Water Quality Agreement; (ii) the feasibility of— (I) prompt implementation; (II) timely achievement of results; and (III) the ability to leverage resources; and (iii) opportunities for improved interagency and inter-organizational coordination and collaboration to reduce duplication and streamline efforts. (D) Implementation of projects (i) In general Funds made available to carry out the Initiative shall be used to strategically implement— (I) Federal projects; and (II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations. (ii) Transfer of funds Of amounts made available for environmental programs and management for the Great Lakes Restoration Initiative, the Administrator may— (I) transfer not more than $475,000,000 to the head of any Federal department or agency, with the concurrence of the department or agency head, to carry out activities to support the Initiative and the Great Lakes Water Quality Agreement; (II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I); and (III) make grants to governmental entities, nonprofit organizations, institutions, and educational institutions for use in carrying out planning, research, monitoring, outreach, training, studies, surveys, investigations, experiments, demonstration projects, and implementation relating to the activities described in subclause (I). (E) Scope (i) In general Projects shall be carried out pursuant to the Initiative on multiple levels, including— (I) local; (II) Great Lakes-wide; and (III) Great Lakes basin-wide. (ii) Limitation No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which amounts are made available from— (I) a State water pollution control revolving fund established under title VI; or (II) a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12). (F) Activities by other Federal agencies Each relevant Federal department and agency shall, to the maximum extent practicable— (i) maintain the base level of funding for the Great Lakes activities of the agency; and (ii) identify new activities and projects to support the environmental goals of the Initiative. (G) Funding (i) Authorization of appropriations There is authorized to be appropriated to carry out the Initiative $475,000,000 for each of fiscal years 2014 through 2018. (ii) Partnerships Of the amounts made available to carry out the Initiative, the Administrator shall transfer expeditiously to the Federal partners of the Initiative such sums as are necessary for subsequent use and distribution by the Federal partners in accordance with this section. ; (5) by striking paragraph (8) and inserting the following: (8) Great Lakes Interagency Task Force (A) Definition of Task Force In this paragraph, the term Task Force (B) Establishment There is established a task force, to be known as the Great Lakes Interagency Task Force 33 U.S.C. 1268 (C) Membership (i) Composition The Task Force shall be composed of— (I) the Administrator, who shall serve as Chair; (II) the Secretary of State; (III) the Secretary of Agriculture; (IV) the Secretary of Commerce; (V) the Secretary of Housing and Urban Development; (VI) the Secretary of Transportation; (VII) the Secretary of Homeland Security; (VIII) the Secretary of the Army; (IX) the Chair of the Council on Environmental Quality; and (X) the Secretary of Health and Human Services. (ii) Delegation Any member of the Task Force may delegate any duty of the member of the Task force described in this paragraph to any person who— (I) is a member of the department, agency, or office of the member; and (II) (aa) is an officer of the United States appointed by the President; or (bb) is a full-time employee compensated at a rate of pay not less than the minimum annual rate of basic pay for GS–15 under section 5332 (D) Coordination and assistance The Program Office shall— (i) coordinate, to the maximum extent practicable, with the Task Force; and (ii) assist the Task Force with the performance of the functions of the Task Force. (E) Duties The Task Force, as a body or through member agencies, shall— (i) collaborate with Canada, provinces of Canada, and binational bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes System; (ii) (I) coordinate the development of Federal policies, strategies, projects, and priorities for addressing the restoration and protection of the Great Lakes System consistent with— (aa) the Great Lakes Water Quality Agreement; (bb) the Great Lakes Regional Collaboration Strategy; and (cc) the Great Lakes Restoration Initiative Action Plan; (II) take into consideration any recommendations of the Great Lakes Advisory Board; and (III) assist in the appropriate management of the Great Lakes System; (iii) develop outcome-based goals for the Great Lakes System (relying on existing data and science-based indicators of water quality, related environmental factors, and other information) that— (I) focus on outcomes such as cleaner water, improved public health, sustainable fisheries, and biodiversity of the Great Lakes System; (II) ensure that Federal policies, strategies, projects, and priorities support measurable results; and (III) are consistent with the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; (iv) exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to— (I) the Great Lakes System; (II) the Great Lakes Water Quality Agreement; (III) the Great Lakes Restoration Initiative Action Plan; and (IV) the Great Lakes Regional Collaboration Strategy; (v) coordinate government action associated with the Great Lakes System; (vi) seek input from nongovernmental organizations, States, and local and tribal governments; (vii) ensure coordinated scientific and other research associated with the Great Lakes System; (viii) provide assistance and support to agencies represented on the Task Force in activities relating to the Great Lakes System; (ix) after receipt of recommendations from the Great Lakes Advisory Board, establish annual priorities with respect to Great Lakes protection and restoration, consistent with priorities for the Great Lakes Collaboration Strategy and Great Lakes Water Quality Agreement; and (x) not later than 1 year after the date of enactment of the Great Lakes Ecological and Economic Protection Act of 2013 (I) in coordination with the Great Lakes Governors, Great Lakes mayors, tribal leaders, and nongovernmental organizations— (aa) review the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; and (bb) update and revise the Great Lakes Restoration Initiative Action Plan— (AA) to reflect the most comprehensive scientific information available; and (BB) to improve the implementation of the Great Lakes Regional Collaboration Strategy; and (II) submit a report to Congress on what actions have and have not been implemented with respect to the recommendations made by— (aa) the Great Lakes Advisory Board; (bb) the Great Lakes mayors; (cc) the Great Lakes Governors; and (dd) tribal leaders in Great Lakes States. ; (6) by striking paragraph (10) and inserting the following: (10) Reports (A) Annual comprehensive restoration report Not later than 90 days after the end of each fiscal year, the Administrator shall submit to Congress and make publicly available a comprehensive report on the overall health of the Great Lakes that includes— (i) a description of the achievements during the fiscal year in implementing the Great Lakes Water Quality Agreement and any other applicable agreements and amendments that— (I) demonstrate, by category (including categories for judicial enforcement, research, State cooperative efforts, and general administration) the amounts expended on Great Lakes water quality initiatives for the fiscal year; (II) describe the progress made during the fiscal year in implementing the system of surveillance of the water quality in the Great Lakes System, including the monitoring of groundwater and sediment, with a particular focus on toxic pollutants; (III) describe the prospects of meeting the goals and objectives of the Great Lakes Water Quality Agreement; and (IV) provide a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement and any other applicable agreements and amendments that— (aa) indicate, by category (including categories for judicial enforcement, research, State cooperative efforts, and general administration) the amount anticipated to be expended on Great Lakes water quality initiatives for the applicable fiscal year; and (bb) include a report on programs administered by other Federal agencies that make resources available for Great Lakes water quality management efforts; (ii) a detailed list of accomplishments of the Great Lakes Restoration Initiative with respect to each organizational element of the Initiative and the means by which progress will be evaluated; (iii) recommendations for streamlining the work of advisory and coordinating committees (such as the Great Lakes Regional Collaboration and the United States Policy Committee), including a recommendation for eliminating any such entity if the work of the entity— (I) is duplicative; or (II) complicates the protection and restoration of the Great Lakes; and (iv) with respect to each priority established under paragraph (8)(E)(ix) during the fiscal year, the reasons why the Administrator implemented, or did not implement, the priorities and recommendations. (B) Crosscut budget Not later than 45 days after the date of submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Task Force, shall submit to Congress and make publicly available a financial report, certified by the head of each agency that has budget authority for Great Lakes restoration activities, containing— (i) an interagency budget crosscut report that— (I) describes the budget proposed, including funding allocations by each agency for the Great Lakes Restoration Initiative; (II) identifies any adjustments from the budget request; (III) identifies the funding in any amount for each of the Federal agencies that carry out restoration and protection activities in the subsequent fiscal year, separately reporting the amount of funding to be provided under each law pertaining to the agency; (IV) compares specific funding levels allocated for participating Federal agencies from fiscal year to fiscal year; and (V) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities; (ii) a detailed accounting of all funds received and obligated by all Federal agencies and, to the maximum extent practicable, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; (iii) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the subsequent fiscal year with the Federal share of funds for activities; and (iv) a listing of all projects to be undertaken in the subsequent fiscal year with the Federal share of funds for activities. ; and (7) in paragraph (12)(H), by striking clause (i) and inserting the following: (i) Authorization In addition to other amounts authorized to be appropriated pursuant to this section, there are authorized to be appropriated to carry out this paragraph— (I) $50,000,000 for each of fiscal years 2004 through 2010; and (II) $150,000,000 for each of fiscal years 2014 through 2018. . (c) Authorization of appropriations Section 118(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(h) (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (2) by striking There are authorized (1) In general There are authorized ; and (3) by adding at the end the following: (2) Program Office There is authorized to be appropriated to the Program Office to carry out this section $25,000,000 for each of fiscal years 2014 through 2018. . (d) Effect of section Nothing in this section or an amendment made by this section affects— (1) the jurisdiction, powers, or prerogatives of— (A) any department, agency, or officer of— (i) the Federal Government; or (ii) any State or tribal government; or (B) any international body established by treaty with authority relating to the Great Lakes (as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) (2) any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes (as so defined). | Great Lakes Ecological and Economic Protection Act of 2013 |
Federal Land Freedom Act of 2013 - Authorizes a state to: (1) establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the state would exercise its rights to develop all forms of energy resources on available federal land in the state; and (2) as a condition of certification, submit a declaration to the Departments of the Interior, Agriculture (USDA), and Energy (DOE) that such a program has been established or amended. Considers each program certified under this Act as satisfying all applicable requirements of federal law and regulations, including: (1) the National Environmental Policy Act of 1969 (NEPA), (2) the Endangered Species Act of 1973, and (3) the National Historic Preservation Act. Requires, upon submission of a declaration by a state, the program to be certified, and the state to receive all rights from the federal government to develop all forms of energy resources covered by the program. Prohibits activities carried out in accordance with this Act from being subject to: (1) judicial review, and (2) the Administrative Procedure Act. | 113 S1233 IS: Federal Land Freedom Act of 2013 U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1233 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Inhofe Mr. Vitter Mr. Paul Mr. Coburn Mr. Crapo Mr. Cruz Mr. Johnson of Wisconsin Mr. Lee Mr. Hoeven Mr. Rubio Mr. Cornyn Mr. Risch Mr. Isakson Mr. Hatch Committee on Energy and Natural Resources A BILL To achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land. 1. Short title This Act may be cited as the Federal Land Freedom Act of 2013 2. State control of energy development and production on all available federal land (a) Definitions In this section: (1) Available federal land The term available Federal land (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a Congressionally designated wilderness area. (2) Secretary The term Secretary (3) State The term State (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)(i)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this Act shall not be subject to judicial review. (e) Administrative Procedure Act Activities carried out in accordance with this Act shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act | Federal Land Freedom Act of 2013 |
Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, gas, or geothermal production activities on or under land within the boundaries of that state. Subjects such a well treatment on federal land to state law as well. | 113 S1234 IS: Fracturing Regulations are Effective in State Hands Act U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1234 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Inhofe Mr. Vitter Mr. Portman Mr. Roberts Mr. Sessions Mr. Paul Mr. Coburn Mr. Crapo Mr. Risch Mr. Scott Mr. Cruz Mr. Hatch Mr. Johnson of Wisconsin Mr. Wicker Mr. Lee Mr. Boozman Mr. Hoeven Mr. Cornyn Committee on Energy and Natural Resources A BILL To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State. 1. Short title This Act may be cited as the Fracturing Regulations are Effective in State Hands Act 2. Findings Congress finds that— (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources current State regulation of oil and gas activities is environmentally proactive and preventive (3) that report also concluded that [a]ll oil and gas producing States have regulations which are designed to provide protection for water resources (4) a 2004 study by the Environmental Protection Agency, entitled Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs (5) a 2009 report by the Ground Water Protection Council, entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources lack of evidence (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing. (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was not aware of any proven case where the fracking process itself has affected water (8) in 2011, Bureau of Land Management Director Bob Abbey stated, We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology. (9) (A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled Fact-Based Regulation for Environmental Protection in Shale Gas Development [n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations 3. Definition of Federal land In this Act, the term Federal land (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. 4. State authority (a) In general A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal land The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located. | Fracturing Regulations are Effective in State Hands Act |
Wireless Tax Fairness Act of 2013 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property (i.e., cell phones) for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate, unless such tax was imposed and actually enforced prior to the date of enactment of this Act. Amends the federal judicial code to grant jurisdiction to federal district courts to grant injunctive and other appropriate relief to prevent, restrain, or terminate any acts in violation of this Act. Requires the Comptroller General (GAO) to conduct a study of the impact of state and local taxes on mobile services, providers, or property on the costs consumers pay for mobile services. | 113 S1235 IS: Wireless Tax Fairness Act of 2013 U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1235 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Wyden Mr. Toomey Mr. Pryor Mr. Rubio Mr. Heller Ms. Ayotte Mrs. Shaheen Committee on Finance A BILL To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property. 1. Short title This Act may be cited as the Wireless Tax Fairness Act of 2013 2. Findings Congress finds the following: (1) It is appropriate to exercise congressional enforcement authority under section 5 of the 14th Amendment to the Constitution of the United States and Congress’ plenary power under article I, section 8, clause 3 of the Constitution of the United States (commonly known as the commerce clause (2) In light of the history and pattern of discriminatory taxation faced by providers and consumers of mobile services, the prohibitions against and remedies to correct discriminatory State and local taxation in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 49 U.S.C. 11501 3. Moratorium (a) In general No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of enactment of this Act. (b) Definitions In this Act: (1) Mobile service The term mobile service section 20.3 (2) Mobile service property The term mobile service property (3) Mobile service provider The term mobile service provider (4) New discriminatory tax The term new discriminatory tax (A) a mobile service and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by, the charges, receipts, or revenues from other services or transactions involving tangible personal property; (B) a mobile service provider and is not generally imposed, or is generally imposed at a lower rate, on other persons that are engaged in businesses other than the provision of mobile services; or (C) a mobile service property and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by the value of, other property that is devoted to a commercial or industrial use and subject to a property tax levy, except public utility property owned by a public utility subject to rate of return regulation by a State or Federal regulatory authority; unless such tax was imposed and actually enforced on mobile services, mobile service providers, or mobile service property prior to the date of enactment of this Act. (5) State or local jurisdiction The term State or local jurisdiction (6) Tax (A) In general The term tax (B) Exclusion The term tax (i) used to preserve and advance Federal universal service or similar State programs authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); (ii) specifically dedicated by a State or local jurisdiction for the support of E–911 communications systems; or (iii) used to preserve and advance Federal telecommunications relay services or State programs implementing this Federal mandate pursuant to title IV of the Americans with Disabilities Act of 1990 ( Public Law 101–336 47 U.S.C. 225 (c) Rules of construction (1) Determination For purposes of subsection (b)(4), all taxes, tax rates, exemptions, deductions, credits, incentives, exclusions, and other similar factors shall be taken into account in determining whether a tax is a new discriminatory tax. (2) Application of principles Except as otherwise provided in this Act, in determining whether a tax on mobile service property is a new discriminatory tax for purposes of subsection (b)(4)(C), principles similar to those set forth in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 49 U.S.C. 11501 (3) Exclusions Notwithstanding any other provision of this Act— (A) the term generally imposed (i) specific services; (ii) specific industries or business segments; or (iii) specific types of property; and (B) the term new discriminatory tax (i) (I) replaces one or more taxes that had been imposed on mobile services, mobile service providers, or mobile service property; and (II) is designed so that, based on information available at the time of the enactment of such new tax or such modification, the amount of tax revenues generated thereby with respect to such mobile services, mobile service providers, or mobile service property is reasonably expected to not exceed the amount of tax revenues that would have been generated by the respective replaced tax or taxes with respect to such mobile services, mobile service providers, or mobile service property; or (ii) is a local jurisdiction tax that may not be imposed without voter approval, provides for at least 90 days’ prior notice to mobile service providers, and is required by law to be collected from mobile service customers. 4. Enforcement Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this Act. (1) Jurisdiction Such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (2) Burden of proof The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (3) Relief In granting relief against a tax which is discriminatory or excessive under this Act with respect to tax rate or amount only, the court shall prevent, restrain, or terminate the imposition, levy, or collection of not more than the discriminatory or excessive portion of the tax as determined by the court. 5. GAO study (a) Study The Comptroller General of the United States shall conduct a study, throughout the 5-year period beginning on the date of the enactment of this Act, to determine— (1) how, and the extent to which, taxes imposed by local and State jurisdictions on mobile services, mobile service providers, or mobile property, impact the costs consumers pay for mobile services; and (2) the extent to which the moratorium on discriminatory mobile services taxes established in this Act has any impact on the costs consumers pay for mobile services. (b) Report Not later than 6 years after the date of the enactment of this Act, the Comptroller General shall submit, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report containing the results of the study required under subsection (a) and shall include in such report recommendations for any changes to laws and regulations relating to such results. | Wireless Tax Fairness Act of 2013 |
Respect for Marriage Act - Amends the Defense of Marriage Act to repeal a provision that prohibited a state, territory, possession, or Indian tribe from being required to recognize any public act, record, or judicial proceeding of any other state, territory, possession, or tribe respecting a same sex marriage. Amends the federal rules of construction added by such Act concerning the definitions of "marriage" and "spouse" to provide that, for purposes of any federal law in which marital status is a factor, an individual shall be considered married if that individual's marriage is valid in the state where the marriage was entered into or, in the case of a marriage entered into outside any state, if the marriage is valid in the place where entered into and the marriage could have been entered into in a state. Removes the definition of "spouse" (currently, a person of the opposite sex who is a husband or a wife). | 113 S1236 IS: Respect for Marriage Act U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1236 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mrs. Feinstein Ms. Baldwin Mr. Baucus Mr. Bennet Mr. Blumenthal Mrs. Boxer Mr. Brown Ms. Cantwell Mr. Cardin Mr. Carper Mr. Casey Mr. Coons Mr. Cowan Mr. Durbin Mr. Franken Mrs. Gillibrand Mr. Harkin Mr. Heinrich Ms. Hirono Mr. Kaine Mr. King Ms. Klobuchar Mr. Leahy Mr. Levin Mrs. McCaskill Mr. Menendez Mr. Merkley Ms. Mikulski Mr. Murphy Mrs. Murray Mr. Reed Mr. Sanders Mr. Schatz Mr. Schumer Mrs. Shaheen Ms. Stabenow Mr. Udall of Colorado Mr. Udall of New Mexico Ms. Warren Mr. Whitehouse Mr. Wyden Committee on the Judiciary A BILL To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage. 1. Short title This Act may be cited as the Respect for Marriage Act 2. Repeal of section added to title 28, United States Code, by section 2 of the Defense of Marriage Act Section 1738C of title 28, United States Code, is repealed, and the table of sections at the beginning of chapter 115 3. Marriage recognition Section 7 of title 1, United States Code, is amended to read as follows: 7. Marriage (a) For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if that individual’s marriage is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place where entered into and the marriage could have been entered into in a State. (b) In this section, the term State . | Respect for Marriage Act |
Omnibus Territories Act of 2013 - (Sec. 3) Extends through December 31, 2019, a system for allocating and determining the number, terms, and conditions of permits issued to prospective employers for nonimmigrant workers performing work during the transition period (the period for administration of a transition program to regulate immigration to the Commonwealth of the Northern Mariana Islands [CNMI]) who would not otherwise be eligible for admission under the Immigration and Nationality Act. Revises the treatment of supplemental fees imposed for employment of nonimmigrant workers paid into the Treasury of the CNMI government for the purpose of funding ongoing vocational educational curricula and program development by CNMI educational entities to: (1) require such government to provide to the Secretary of Labor a plan for the expenditure of funds, a projection of the effectiveness of the expenditures in job placement of U.S. workers, and a report on changes in employment of U.S. workers attributable to prior year expenditures; and (2) require a biennial report by the Secretary on the effectiveness of meeting the goals set out in the CNMI's annual plan for the expenditure of funds. (Sec. 4) Requires the Secretary of the Interior to establish a team of technical, policy, and financial experts to develop an energy action plan addressing the energy needs of each of the insular areas (American Samoa, the CNMI, Puerto Rico, Guam, and the Virgin Islands) and Freely Associated States (the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) and assist those jurisdictions in implementing such plan. Requires such plan to include: (1) recommendations to reduce reliance and expenditures on fuel shipped to the insular areas and Freely Associated States from ports outside the United States, develop and utilize domestic fuel energy sources, and improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. Prohibits such energy action plan from being implemented until approved by the Secretary. Requires: (1) the team to report to the Secretary annually on progress made in implementing the plan, and (2) the Secretary to submit to appropriate congressional committees a summary of the team's reports. (Sec. 5) Requires the Comptroller General (GAO) to report to appropriate congressional committees an evaluation of whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the CNMI, Guam, and the Virgin Islands are reasonable and make recommendations for improving the process for developing estimates or forecasts. (Sec. 6) Makes households located in the Virgin Islands with household income up to 300% of the federal poverty level eligible for assistance under the low-income home energy assistance program. (Sec. 7) Amends the Housing and Community Development Act of 1980, with respect to housing assistance for the benefit of an alien lawfully residing in the United States, to provide that within Guam, a citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for such assistance. (Sec. 8) Requires the Comptroller General to study, and report on, the use of benefit-to-cost ratio formulas by federal agencies for purposes of evaluating projects in American Samoa and to assess, in particular, Samoa's remote locations, transportation costs, airport traffic control towers, and water resources development projects. (Sec. 9) Exempts vessels from the fishery endorsement requirement that they be rebuilt in the United States if they offload their catch in American Samoa and were rebuilt outside of the United States before January 1, 2011. (Sec. 10) Amends the Fair Minimum Wage Act of 2007 to require GAO to include in reports assessing the impact of minimum wage increases applicable to American Samoa and the CNMI an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to equal the minimum wage set forth in the Fair Labor Standards Act. (Sec. 11) Requires the Office of National Drug Control Policy to develop and make available to the public a biennial Caribbean Border Counternarcotics Strategy, with emphasis on the borders of Puerto Rico and the Virgin Islands, on terms substantially equivalent to the existing Southwest Border and Northern Border Counternarcotics Strategies. (Sec. 12) Amends the REAL ID Act of 2005 to provide that citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau who have been admitted as nonimmigrants pursuant to a Compacts of Free Association are eligible for driver's licenses or personal identification cards. | 113 S1237 IS: Omnibus Territories Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1237 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Wyden Ms. Murkowski Committee on Energy and Natural Resources A BILL To improve the administration of programs in the insular areas, and for other purposes. 1. Short title This Act may be cited as the Omnibus Territories Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Territorial Sea. Sec. 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands. Sec. 5. Amendments to the Consolidated Natural Resources Act. Sec. 6. Study of electric rates in the insular areas. Sec. 7. Chief financial officer of the Virgin Islands. Sec. 8. Reports on estimates of revenues. Sec. 9. Low-income home energy assistance program. Sec. 10. Castle Nugent National Historic Site Establishment. Sec. 11. St. Croix National Heritage Area. Sec. 12. Guam War Claims Review Commission. Sec. 13. Use of certain expenditures as in-kind contributions. Sec. 14. Improvements in HUD assisted programs. Sec. 15. Benefit to cost ratio study for projects in American Samoa. Sec. 16. Waiver of local matching requirements. Sec. 17. Fishery endorsements. Sec. 18. Effects of minimum wage differentials in American Samoa. Sec. 19. American Samoa Citizenship Plebiscite Act. Sec. 20. Eligibility for marine turtle conservation assistance. 3. Territorial Sea (a) In general The first section and section 2 of Public Law 93–435 48 U.S.C. 1705 the Commonwealth of the Northern Mariana Islands, Guam, (b) References to date of enactment For the purposes of the amendment made by subsection (a), each reference in Public Law 93–435 date of enactment 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands Section 8103(b)(1)(B) of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 Public Law 110–28 2011 2011, 2013, and 2015 5. Amendments to the Consolidated Natural Resources Act Section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America Public Law 94–241 (1) in subsection (a)— (A) in paragraph (2), by inserting after subsections (b) , (c), (B) by striking paragraph (6), and inserting the following: (6) Certain Education Funding (A) In general In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities. (B) Plan for the expenditure of funds At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Homeland Security, a plan for the expenditure of funds, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures. (C) DHS report The Secretary of Homeland Security shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds. ; (2) in subsection (c)— (A) in paragraph (1), by striking during the transition period, (B) by adding at the end the following: (3) Duration Notwithstanding any other provision of this Act, the Secretary may classify aliens pursuant to paragraph (1) until the date on which the transition program terminates. If the transition period is extended, the Secretary may continue to classify aliens pursuant to paragraph (1) until the date on which all extensions are terminated. ; and (3) in subsection (d)(2), by striking December 31, 2014 December 31, 2019 6. Study of electric rates in the insular areas (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan An Act to authorize appropriations for certain insular areas of the United States, and for other purposes 48 U.S.C. 1492 (2) Energy action plan The term energy action plan (3) Freely associated states The term Freely Associated States (4) Insular areas The term insular areas (5) Secretary The term Secretary (6) Team The term team (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall, within the Empowering Insular Communities activity, establish a team of technical, policy, and financial experts— (1) to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of regional utility organizations In establishing the team, the Secretary shall consider including regional utility organizations. (d) Energy action plan In accordance with subsection (b), the energy action plan shall include— (1) recommendations, based on the comprehensive energy plan where applicable, to— (A) reduce reliance and expenditures on imported fossil fuels; (B) develop indigenous, nonfossil fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. (e) Reports to secretary Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan. (f) Annual reports to congress Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team. 7. Chief financial officer of the Virgin Islands (a) Referendum As part of the next regularly scheduled, islands-wide election in the Virgin Islands after the date of enactment of this Act, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be established as a part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast. (b) Chief Financial Officer of the Virgin Islands (1) Appointment of Chief Financial Officer (A) In general If the majority of ballots cast in a referendum under subsection (a) approve the establishment of the position of Chief Financial Officer of the Government of the Virgin Islands, the Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under subsection (b)(4). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to subsection (b)(4), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (B) Acting Chief Financial Officer If a Chief Financial Officer has not been appointed under subparagraph (A) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under subsection (b)(4), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of subparagraph (A). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (2) Duties of Chief Financial Officer The duties of the Chief Financial Officer shall include the following: (A) Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public. (B) Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced. (C) Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head. (3) Documents provided The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (4) Conditions related to Chief Financial Officer (A) Term The Chief Financial Officer shall be appointed for a term of 5 years. (B) Removal The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (C) Replacement If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with paragraph (1). (D) Salary The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (c) Establishment of commission (1) Establishment There is established a commission to be known as the Virgin Islands Chief Financial Officer Search Commission (2) Duty of commission The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. (3) Membership (A) Number and appointment The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (i) 1 individual appointed by the Governor of the Virgin Islands. (ii) 1 individual appointed by the President of the Legislature of the Virgin Islands. (iii) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (iv) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (v) 1 individual appointed by the Chamber of Commerce of St. Croix. (vi) 1 individual appointed by the President of the University of the Virgin Islands. (vii) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (viii) 1 individual appointed by the President of AARP Virgin islands. (B) Terms (i) In general Each member shall be appointed for the life of the Commission. (ii) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (C) Basic pay Members shall serve without pay. (D) Quorum Five members of the Commission shall constitute a quorum. (E) Chairperson The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (F) Meetings The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (G) Government employment Members may not be current government employees, except for the member appointed under subparagraph (A)(iii). (4) Report; recommendations The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission’s recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (5) Termination The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer. (d) Definitions For the purposes of this section, the following definitions apply: (1) Chief Financial Officer In subsections (a) and (b), the term Chief Financial Officer (2) Commission The term Commission (3) Governor The term Governor (4) Removal for cause The term removal for cause 8. Reports on estimates of revenues The Comptroller General of the United States shall submit to the appropriate committees of Congress a report that— (1) evaluates whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands are reasonable; and (2) as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts. 9. Low-income home energy assistance program With respect to fiscal years 2014 through 2017, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(b)(2)(B)(i) 10. Castle Nugent National Historic Site Establishment (a) Definitions In this section: (1) Historic site The term historic site (2) Secretary The term Secretary (b) Castle nugent national historic site (1) Establishment There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features. (2) Boundaries The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled Castle Nugent National Historic Site Proposed Boundary Map (3) Map availability The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (4) Acquisition of land (A) In general Except as provided in subparagraph (B), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated funds, or exchange. (B) U.S. virgin island lands The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange. (c) Administration (1) In general The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including— (A) the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq. (B) the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq. (2) Shared resources To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service or other Federal assets on the Island of St. Croix to administer the historic site. (3) Continued use In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university’s operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site. (4) Management plan Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site. 11. St. Croix National Heritage Area (a) Definitions In this section: (1) Heritage area The term Heritage Area (2) Local coordinating entity The term local coordinating entity (3) Management plan The term management plan (4) Map The term map Proposed St. Croix National Heritage Area (5) Secretary The term Secretary (6) State The term State (b) St. Croix National Heritage Area (1) Establishment There is established in the State the St. Croix National Heritage Area. (2) Conceptual boundaries The Heritage Area shall consist of the entire island. (3) Map A map of the Heritage Area shall be— (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the National Park Service. (4) Local coordinating entity (A) In general The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc. (B) Membership requirements Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act. (c) Administration (1) Authorities For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to— (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (2) Duties The local coordinating entity shall— (A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by— (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (E) for any year that Federal funds have been received under this section— (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) Prohibition on the acquisition of real property The local coordinating entity shall not use Federal funds to acquire real property or any interest in real property. (d) Management plan (1) In general Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (2) Requirements The management plan shall— (A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (B) take into consideration State and local plans; (C) include— (i) an inventory of— (I) the resources located in the core area described in subsection (b)(2); and (II) any other property in the core area that— (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the management plan by the local coordinating entity that includes a description of— (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and (vii) a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and (D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan. (4) Approval or disapproval of management plan (A) In general Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (B) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) Action following disapproval If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (D) Amendments (i) In general The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (ii) Use of funds The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments. (e) Relationship to other federal agencies (1) In general Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (3) Other federal agencies Nothing in this section— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (f) Private property and regulatory protections Nothing in this section— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (g) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) Evaluation An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Report (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of the report, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (h) Termination of authority The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. 12. Guam War Claims Review Commission (a) Recognition of the suffering and loyalty of the residents of Guam (1) Recognition of the Suffering of the Residents of Guam The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (2) Recognition of the Loyalty of the Residents of Guam The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. (b) Guam World War II Claims Fund (1) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the Claims Fund (2) Composition of fund The Claims Fund established under paragraph (1) shall be composed of amounts deposited into the Claims Fund under paragraph (3) and any other amounts made available for the payment of claims under this Act. (3) Payment of certain duties, taxes, and fees collected from Guam deposited into fund (A) In general Notwithstanding section 30 of the Organic Act of Guam ( 48 U.S.C. 1421h (i) any amount of duties, taxes, and fees collected under such subsection after fiscal year 2012, over (ii) the amount of duties, taxes, and fees collected under such subsection during fiscal year 2012, shall be deposited into the Claims Fund. (B) Application Subparagraph (A) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under subsection (c) have been made. (4) Limitation on payments made from fund (A) In general No payment may be made in a fiscal year under subsection (c) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3). (B) Amounts For each fiscal year in which funds are deposited into the Claims Fund under paragraph (3), the total amount of payments made in a fiscal year under subsection (c) may not exceed the amount of funds available in the Claims Fund for such fiscal year. (5) Deductions from fund for administrative expenses The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 per cent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. (c) Payments for Guam World War II claims (1) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under subsection (d)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of a compensable Guam decedents as follows: (A) Compensable Guam victim Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows: (i) In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000. (ii) In the case of a victim who is not described in clause (i), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000. (iii) In the case of a victim who is not described in clause (i) or (ii), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000. (B) Survivors of compensable Guam decedents In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with paragraph (2). The Secretary shall make payments under this paragraph only after all payments are made under subparagraph (A). (2) Distribution of Survivor Payments A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows: (A) In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse. (B) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (C) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (D) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who— (i) had a parent who is living as of such date, the payment shall be made to the parent; or (ii) had two parents who are living as of such date, the payment shall be divided equally between the parents. (E) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made. (3) Definitions For purposes of this Act: (A) Compensable Guam decedent The term compensable Guam decedent Public Law 79–224 (B) Compensable Guam victim The term compensable Guam victim (i) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (ii) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (iii) Forced march, internment, or hiding to evade internment. (C) Definitions of severe personal injuries and personal injuries Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). (d) Adjudication (1) Authority of Foreign Claims Settlement Commission (A) In general The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (c). (B) Rules and regulations Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. (2) Claims Submitted for Payments (A) Submittal of claim For purposes of paragraph (1)(A) and subject to subparagraph (B), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under subsection (c) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (B) Filing period for claims and notice (i) Filing period An individual filing a claim for a payment under subsection (c) shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in clause (ii). (ii) Notice of filing period Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in clause (i)— (I) in the Federal Register; and (II) in newspaper, radio, and television media in Guam. (C) Adjudicatory decisions The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall— (i) be by majority vote; (ii) be in writing; (iii) state the reasons for the approval or denial of the claim; and (iv) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. (D) Deductions in payment The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this subsection, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 (E) Interest No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (c). (F) Limited compensation for provision of representational services (i) Limit on compensation Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. (ii) Penalties Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both. (G) Appeals and finality Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (H) Certifications for payment After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under subsection (c). (I) Treatment of affidavits For purposes of subsection (c) and subject to subparagraph (B), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such subsection as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under subsection (c)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (J) Release of related claims Acceptance of a payment under subsection (c) by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 ( Public Law 79–224 Public Law 79–224 13. Use of certain expenditures as in-kind contributions (a) In General Except as provided under subsection (c), local matching requirements required of an affected jurisdiction for Federal programs may be paid in cash or in-kind services provided by the affected jurisdiction pursuant to the following: (1) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved in the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (2) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved in the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (3) The Compact of Free Association between the Government of the United States and the Government of the Republic of Palau, approved in the Palau Compact of Free Association Act ( Public Law 99–658 (b) Determination of Amounts To Be Considered In-Kind Contributions The Secretary of the Interior shall determine the amounts that may be considered in-kind contributions for an affected jurisdiction under this section based on a reasonable estimate of the amount of impact expenditures for the Freely Associated States. (c) Competitive Grants Local matching requirements required of an affected jurisdiction for Federal competitive grant programs may not be paid with in-kind services under this section. (d) Affected Jurisdictions The term affected jurisdiction Public Law 108–188 14. Improvements in HUD assisted programs Section 214(a)(7) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a)(7) such alien any citizen or national of the United States shall be entitled to a preference or priority in receiving assistance before any such alien who is otherwise eligible for such assistance. 15. Benefit to cost ratio study for projects in American Samoa (a) Study The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa. (b) Contents In conducting the study, the Comptroller General shall— (1) assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration— (A) the remote locations in, and the cost of transportation to and from, American Samoa; and (B) other significant factors that are not comparable to locations within the 48 contiguous States; and (2) assess, in particular, the use of benefit-to-cost ratio formulas by— (A) the Secretary of Transportation with respect to airport traffic control tower programs; and (B) the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project. (3) Report to Congress Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 16. Waiver of local matching requirements (a) Waiver of certain matching requirements Section 501 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes 48 U.S.C. 1469a (1) in the last sentence of subsection (d), by striking by law (2) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands, each department or agency of the United States shall waive any requirement for local matching funds (including in-kind contributions) that the insular area would otherwise be required to provide for any non-competitive grant as follows: (1) For a grant requiring matching funds (including in-kind contributions) of $500,000 or less, the entire matching requirement shall be waived. (2) For a grant requiring matching funds (including in-kind contributions) of more than $500,000, $500,000 of the matching requirement shall be waived. . (b) Conforming amendment Section 601 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes 48 U.S.C. 1469a , and adding the following sentence Islands’. 17. Fishery endorsements Section 12113 (j) Certain exemption Paragraph (3) of subsection (a) shall not apply to any vessel— (1) the catch of which, pursuant to the fishery endorsement, is offloaded and processed in American Samoa; and (2) that was rebuilt outside of the United States before January 1, 2011. . 18. Effects of minimum wage differentials in American Samoa Section 8104 of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 (c) Effects of Minimum Wage differentials in American Samoa The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 29 U.S.C. 206(a)(1) . 19. American Samoa Citizenship Plebiscite Act (a) Short title This section may be cited as the American Samoa Citizenship Plebiscite Act (b) Findings and purpose (1) Findings Congress finds the following: (A) Under the Immigration and Nationality Act, persons born in Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are citizens of the United States at birth. Persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth. (B) The term national of the United States (C) For more than 100 years, American Samoans who are United States nationals have demonstrated their loyalty and allegiance to the United States. On April 17, 1900, the village chiefs of Tutuila and Aunu’u ceded their islands to the United States. On July 16, 1904, his Majesty King Tuimanu’a of the Manu’a Islands and his village chiefs did the same. On February 20, 1929, the United States Congress officially ratified the Treaty of Cession of Tutuila and Aunu’u and the Treaty of Cession of Manu’a. On March 4, 1925, by Joint Resolution of the United States Congress, American sovereignty was officially extended over Swains Island and it was placed under the jurisdiction of the government of American Samoa. (D) Since ratification of the Treaties of Cession, many American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States during World War II, the Korean, Vietnam, and Persian Gulf wars, and most recently in Iraq and Afghanistan. (E) It is the responsibility of the Secretary of Interior to advance the economic, social and political development of the territories of the United States. (2) Purpose The purpose of this section is to provide for a federally authorized vote in American Samoa on the question of citizenship and if a majority of voters vote for citizenship, to describe the steps that the President and Congress shall take to enable American Samoans to be granted citizenship. (c) Citizenship vote The Secretary of Interior shall direct the American Samoa Election Office to conduct a plebiscite on the issue of whether persons born in American Samoa desire United States citizenship. As United States Citizens: (A) Individuals born in American Samoa would be United States citizens by Federal law. (B) All persons living in American Samoa who are United States nationals will become United States citizens. Persons born in American Samoa will no longer be United States nationals. Do you want persons born in American Samoa to become United States citizens? Yes __ No__? . 20. Eligibility for marine turtle conservation assistance The Marine Turtle Conservation Act of 2004 is amended— (1) in each of sections 2(b) and 3(2) ( 16 U.S.C. 6601(b) and territories of the United States foreign countries (2) in section 3 ( 16 U.S.C. 6602 (7) Territory of the United States The term territory of the United States ; and (3) in section 4(b)(1)(A) ( 16 U.S.C. 6603(b)(1)(A) or territory of the United States foreign country | Omnibus Territories Act of 2013 |
Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act. | 113 S1238 PCS: Keep Student Loans Affordable Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 124 113th CONGRESS 1st Session S. 1238 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Reed Mrs. Hagan Mr. Franken Mr. Harkin Ms. Stabenow Ms. Warren Mrs. Murray Mr. Reid Ms. Landrieu Mr. Pryor Mr. Durbin Mr. Whitehouse Mr. Udall of New Mexico Ms. Klobuchar Mr. Brown Mr. Menendez Mr. Leahy Mr. Sanders Mrs. Shaheen Mr. Schatz Mr. Levin Ms. Hirono Mrs. McCaskill Mr. Murphy Mr. Blumenthal Ms. Baldwin Mr. Begich Mr. Heinrich Mrs. Gillibrand Mr. Cardin Mr. Merkley Mr. Rockefeller Mr. Wyden Mrs. Boxer Ms. Mikulski Mr. Nelson Mr. Johnson of South Dakota Mr. Casey Mr. Coons A BILL To amend the Higher Education Act of 1965 to extend the current reduced interest rate for undergraduate Federal Direct Stafford Loans for 1 year, to modify required distribution rules for pension plans, and for other purposes. 1. Short title This Act may be cited as the Keep Student Loans Affordable Act of 2013 2. Interest rate extension Section 455(b)(7)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7)(D) (1) in the matter preceding clause (i), by striking and before July 1, 2013, and before July 1, 2014, (2) in clause (v), by striking and before July 1, 2013, and before July 1, 2014, 3. Modifications of required distribution rules for pension plans (a) In general Section 401(a)(9)(B) (B) Required distributions where employee dies before entire interest is distributed (i) 5-year general rule A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. (ii) Exception for eligible designated beneficiaries If— (I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, (II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and (III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. (iii) Special rule for surviving spouse of employee If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee— (I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70½, and (II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. (iv) Rules upon death of eligible designated beneficiary If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary. . (b) Definition of eligible designated beneficiary Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: (E) Definitions and rules relating to designated beneficiary For purposes of this paragraph— (i) Designated beneficiary The term designated beneficiary (ii) Eligible designated beneficiary The term eligible designated beneficiary (I) the surviving spouse of the employee, (II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), (III) disabled (within the meaning of section 72(m)(7)), (IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or (V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. (iii) Special rule for children Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date. . (c) Required beginning date Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) Employees becoming 5-percent owners after age 70 1/2 If an employee becomes a 5-percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70 1/2 . (d) Effective dates (1) In general Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date (A) In general The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule If— (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5-percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013— (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts (A) In general The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract For purposes of this paragraph, the term qualified annuity (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which— (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries. June 27, 2013 Read twice and ordered placed on the calendar | Keep Student Loans Affordable Act of 2013 |
Scleroderma Research and Awareness Act - Requires the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand, intensify, and coordinate the Institute's activities with respect to scleroderma, with particular emphasis on: (1) research focused on the etiology of scleroderma and the development of new treatment options, (2) clinical research to evaluate new treatment options, (3) basic research on the relationship between scleroderma and secondary conditions, (4) establishment of scleroderma patient registries, and (5) support for training of new clinicians and investigators with expertise in scleroderma. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out an educational campaign to increase public awareness of scleroderma. | 113 S1239 IS: Scleroderma Research and Awareness Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1239 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To expand the research and awareness activities of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the Centers for Disease Control and Prevention with respect to scleroderma, and for other purposes. 1. Short title This Act may be cited as the Scleroderma Research and Awareness Act 2. Findings The Congress finds as follows: (1) Scleroderma is a chronic, disabling and often fatal autoimmune disease in which the body’s soft tissues contract and harden due to an overproduction of collagen. (2) Scleroderma causes damage to one or more of the body’s organ systems, including the skin, heart, lungs, kidneys, gastrointestinal tract, and blood vessels. (3) It is estimated that 300,000 people in the United States suffer from scleroderma, 80 percent of whom are women often diagnosed during their child bearing years. (4) Choctaw Native Americans, African-Americans, and Hispanics are disproportionately affected by scleroderma and tend to exhibit more rapidly progressing and severe cases of the disease. (5) The causes of scleroderma are unknown. (6) Scleroderma is associated with many other conditions including pulmonary hypertension, gastroparesis, Raynaud’s phenomenon, Sjögren’s Syndrome and lupus. (7) The estimated total annual economic impact of scleroderma in the United States is in excess of $1,500,000,000. (8) Annual Federal support for scleroderma research at the National Institutes of Health is currently estimated at $20,000,000. 3. National institute of arthritis and musculoskeletal and skin diseases; scleroderma research expansion (a) In general The Director of The National Institute of Arthritis and Musculoskeletal and Skin Diseases shall expand, intensify, and coordinate the activities of the Institute with respect to scleroderma, with particular emphasis on the following areas: (1) Research focused on the etiology of scleroderma and the development of new treatment options. (2) Clinical research to evaluate new treatments options. (3) Basic research on the relationship between scleroderma and secondary conditions such as pulmonary hypertension, gastroparesis, Raynaud’s phenomenon, Sjögren’s Syndrome (and other diseases as determined by the Director). (4) Establishment of scleroderma patient registries, including family and childhood onset registries. (5) Support for training of new clinicians and investigators with expertise in scleroderma. (b) Biennial reports As a part of the biennial report made under section 403 of the Public Health Service Act ( 42 U.S.C. 283 (c) Authorization of appropriations (1) In general For the purpose of carrying out subsection (a), there are authorized to be appropriated $25,000,000 in fiscal year 2014, $30,000,000 in fiscal year 2015, and $35,000,000 in fiscal year 2016. (2) Reservations Of the amounts authorized to be appropriated under paragraph (1), not more than 15 percent shall be reserved for the training of qualified health professionals in biomedical research focused on scleroderma. 4. Promoting public awareness of scleroderma (a) In General The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an educational campaign to increase public awareness of scleroderma. Print, video, and Web-based materials distributed under this program may include— (1) basic information on scleroderma and its symptoms; (2) information on the incidence and prevalence of scleroderma; (3) diseases and conditions affiliated with scleroderma; or (4) the importance of early diagnosis and treatment. (b) Dissemination of Information The Secretary is encouraged to disseminate information under subsection (a) through a cooperative agreement with a national nonprofit entity with expertise in scleroderma. (c) Report to Congress Not later than September 30, 2013, the Secretary shall report to the Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives on the status of activities under this section. (d) Authorization of Appropriations For the purpose of carrying out this section, there is authorized to be appropriated $2,500,000 for each of fiscal years 2014, 2015, and 2016. | Scleroderma Research and Awareness Act |
No Budget, No Pay Act - Prohibits the payment of any pay to any Member of Congress (excluding the Vice President): (1) if both houses of Congress have not approved a concurrent resolution on the budget for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year by such date, or (2) until both houses of Congress approve such a budget resolution and pass all such appropriations bills. Prohibits any retroactive pay for such a period. | 113 S124 PCS: No Budget, No Pay Act U.S. Senate 2013-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 6 113th CONGRESS 1st Session S. 124 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Heller Mr. Manchin Mr. Alexander Ms. Ayotte Mr. Barrasso Mr. Burr Mr. Coburn Mr. Boozman Mr. Cornyn Mr. Enzi Mr. Chambliss Mr. Corker Mr. Flake Mr. Vitter January 28, 2013 Read the second time and placed on the calendar A BILL To provide that Members of Congress may not receive pay after October 1 of any fiscal year in which Congress has not approved a concurrent resolution on the budget and passed the regular appropriations bills. 1. Short title This Act may be cited as the No Budget, No Pay Act 2. Definition In this section, the term Member of Congress (1) has the meaning given under section 2106 (2) does not include the Vice President. 3. Timely approval of concurrent resolution on the budget and the appropriations bills If both Houses of Congress have not approved a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 632 4. No pay without concurrent resolution on the budget and the appropriations bills (a) In general Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress during any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5. (b) No retroactive pay A Member of Congress may not receive pay for any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5, at any time after the end of that period. 5. Determinations (a) Senate (1) Request for certifications On October 1 of each year, the Secretary of the Senate shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate for certification of determinations made under paragraph (2) (A) and (B). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Senators may not be paid under that section; (B) determine the period of days following each October 1 that Senators may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate. (b) House of Representatives (1) Request for certifications On October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives for certification of determinations made under paragraph (2) (A) and (B). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Members of the House of Representatives may not be paid under that section; (B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraph (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives. 6. Effective date This Act shall take effect on February 1, 2015. January 28, 2013 Read the second time and placed on the calendar | No Budget, No Pay Act |
Nuclear Waste Administration Act of 2013 - Establishes as an independent agency in the executive branch: (1) the Nuclear Waste Administration (NWA) to provide for the permanent disposal of nuclear waste, including the siting, construction, and operation of additional repositories, a test and evaluation facility, and additional storage facilities; and (2) the Nuclear Waste Oversight Board. Transfers to the NWA Administrator specified functions of the Secretary of Energy (Secretary). Prescribes guidelines for nuclear waste facilities and for the identification and suitability of candidate sites. Directs the Administrator to (1) establish a Storage Facility Program to provide interim storage for spent nuclear fuel and high-level radioactive waste, and (2) request proposals for cooperative agreements for a pilot program for the storage of priority waste. Requires the Administrator, prior to selecting a storage facility site, to enter into a consent agreement to host the facility with: (1) an authorized official of the state in which the site is proposed to be located; (2) each affected unit of general local government or Indian tribe; and (3) submit to Congress a program plan, a list of proposed storage facility sites, and cost estimates for licensing, constructing, and operating each storage facility. Requires the Secretary to issue guidelines, evaluate potential sites, as well as select sites for repositories. Subjects construction and operation of a storage facility or repository to: (1) applicable standards for the protection of the general environment from offsite releases of radioactive material, and (2) the licensing and regulatory jurisdiction of the Nuclear Regulatory Commission (NRC). Requires the Secretary to arrange for the Administrator to dispose of defense wastes in a repository developed under this Act. Authorizes the Secretary to arrange for the Administrator to store defense wastes in storage facilities developed under this Act pending disposal in a repository. Confers upon the Administrator responsibility for transporting nuclear waste under this Act. Establishes in the Treasury the Nuclear Waste Administration Working Capital Fund. Amends the Nuclear Waste Policy Act of 1982 to reflect the amendments made by this Act. Terminates those authorities of the Secretary regarding siting, construction, and operation of repositories, storage facilities, or test and evaluation facilities which were not transferred to the Administrator under this Act. | 113 S1240 IS: Nuclear Waste Administration Act of 2013 U.S. Senate 2013-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1240 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Wyden Ms. Murkowski Mrs. Feinstein Mr. Alexander Committee on Energy and Natural Resources A BILL To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nuclear Waste Administration Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Findings, purposes, and definitions Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Definitions. TITLE II—Nuclear Waste Administration Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Other officers. Sec. 204. Inspector General. Sec. 205. Nuclear Waste Oversight Board. Sec. 206. Conforming amendments. TITLE III—Functions Sec. 301. Transfer of functions. Sec. 302. Transfer of contracts. Sec. 303. Nuclear waste facilities. Sec. 304. Siting nuclear waste facilities. Sec. 305. Storage facilities. Sec. 306. Repositories. Sec. 307. Licensing nuclear waste facilities. Sec. 308. Defense waste. Sec. 309. Transportation. TITLE IV—Funding and legal proceedings Sec. 401. Working Capital Fund. Sec. 402. Nuclear Waste Fund. Sec. 403. Full cost recovery. Sec. 404. Judicial review. Sec. 405. Litigation authority. Sec. 406. Liabilities. TITLE V—Administrative and savings provisions Sec. 501. Administrative powers of Administrator. Sec. 502. Personnel. Sec. 503. Offices. Sec. 504. Mission plan. Sec. 505. Annual reports. Sec. 506. Savings provisions; terminations. Sec. 507. Technical assistance in the field of spent fuel storage and disposal. Sec. 508. Nuclear Waste Technical Review Board. Sec. 509. Repeal of volume limitation. I Findings, purposes, and definitions 101. Findings Congress finds that— (1) the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. (A) made the Federal Government responsible for providing for the permanent disposal of nuclear waste; (B) vested the responsibility for siting, constructing, and operating a permanent geologic repository for the disposal of nuclear waste in the Secretary of Energy; and (C) required the Secretary to enter into binding contracts with the generators and owners of nuclear waste pursuant to which the Secretary is obligated to have begun disposing of the nuclear waste in a repository not later than January 31, 1998; (2) in 1987, Congress designated the Yucca Mountain site as the site for the repository and precluded consideration of other sites; (3) in 2002, the Secretary found the Yucca Mountain site to be suitable for the development of the repository, the President recommended the site to Congress, and Congress enacted a joint resolution approving the Yucca Mountain site for the repository; (4) in 2008, the Secretary applied to the Nuclear Regulatory Commission for a license to construct a repository at the Yucca Mountain site; (5) in 2009, the Secretary found the Yucca Mountain site to be unworkable and abandoned efforts to construct a repository; (6) in 2010, the Secretary, at the request of the President, established the Blue Ribbon Commission on America’s Nuclear Future to conduct a comprehensive review of the nuclear waste management policies of the United States and recommend a new strategy for managing the nuclear waste of the United States; and (7) the Blue Ribbon Commission has recommended that Congress establish a new nuclear waste management organization and adopt a new consensual approach to siting nuclear waste management facilities. 102. Purposes The purposes of this Act are— (1) to establish a new nuclear waste management organization; (2) to transfer to the new organization the functions of the Secretary relating to the siting, licensing, construction, and operation of nuclear waste management facilities; (3) to establish a new consensual process for the siting of nuclear waste management facilities; (4) to provide for centralized storage of nuclear waste pending completion of a repository; and (5) to ensure that— (A) the generators and owners of nuclear waste pay the full cost of the program; and (B) funds collected for the program are used for that purpose. 103. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Affected Indian tribe The term affected Indian tribe (A) within the reservation boundaries of which a repository or storage facility is proposed to be located; or (B) that has federally defined possessory or usage rights to other land outside of the reservation boundaries that— (i) arise out of a congressionally ratified treaty; and (ii) the Secretary of the Interior finds, on petition of an appropriate governmental official of the Indian tribe, may be substantially and adversely affected by the repository or storage facility. (4) Affected unit of general local government (A) In general The term affected unit of general local government (B) Inclusion The term affected unit of general local government (5) Civilian nuclear power reactor The term civilian nuclear power reactor 42 U.S.C. 10101 (6) Commission The term Commission (7) Compliance agreement The term compliance agreement (8) Contract holder The term contract holder (A) generates or holds title to nuclear waste generated at a civilian nuclear power reactor; and (B) has entered into a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (9) Defense waste The term defense waste 42 U.S.C. 10101 (10) Disposal The term disposal 42 U.S.C. 10101 (11) Emergency delivery (A) In general The term emergency delivery (B) Inclusion The term emergency delivery (i) pursuant to a compliance agreement; or (ii) to eliminate an imminent and serious threat to the health and safety of the public or the common defense and security. (12) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (13) Indian tribe The term Indian tribe (14) Mission plan The term mission plan (15) Nonpriority waste The term nonpriority waste (16) Nuclear waste The term nuclear waste (A) spent nuclear fuel; and (B) high-level radioactive waste. (17) Nuclear waste activities The term nuclear waste activities (18) Nuclear waste facility The term nuclear waste facility (A) a repository; and (B) a storage facility. (19) Nuclear Waste Fund The term Nuclear Waste Fund 42 U.S.C. 10222(c) (20) Oversight Board The term Oversight Board (21) Pilot facility The term pilot facility (22) Priority waste The term priority waste (A) any emergency delivery; and (B) spent nuclear fuel removed from a civilian nuclear power reactor that has been permanently shut down. (23) Public liability The term public liability (24) Repository The term repository 42 U.S.C. 10101 (25) Reservation The term reservation 42 U.S.C. 10101 (26) Secretary The term Secretary (27) Site characterization (A) In general The term site characterization (B) Repository site characterization In the case of a site for a repository, the term site characterization (C) Storage site characterization In the case of a site for an above-ground storage facility, the term site characterization (D) Preliminary activities The term site characterization (28) Spent nuclear fuel The term spent nuclear fuel (29) Storage The term storage (30) Storage facility The term storage facility (31) Unit of general local government The term unit of general local government 42 U.S.C. 10101 (32) Working Capital Fund The term Working Capital Fund II Nuclear Waste Administration 201. Establishment (a) Establishment There is established an independent agency in the executive branch to be known as the Nuclear Waste Administration (b) Purpose The purposes of the Administration are— (1) to discharge the responsibility of the Federal Government to provide for the permanent disposal of nuclear waste; (2) to protect the public health and safety and the environment in discharging the responsibility under paragraph (1); and (3) to ensure that the costs of activities under paragraph (1) are borne by the persons responsible for generating the nuclear waste. 202. Principal officers (a) Administrator (1) Appointment There shall be at the head of the Administration a Nuclear Waste Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Administrator. (2) Term The term of service of the Administrator shall be 6 years. (3) Reappointment An Administrator may serve more than 1 term. (4) Functions and powers The functions and powers of the Administration shall be vested in and exercised by the Administrator. (5) Supervision and direction The Administration shall be administrated under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration. (6) Delegation The Administrator may, from time to time and to the extent permitted by law, delegate such functions of the Administrator as the Administrator determines to be appropriate. (7) Compensation The President shall fix the total annual compensation of the Administrator in an amount that— (A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and (B) does not exceed the total annual compensation paid to the Chief Executive Officer of the Tennessee Valley Authority. (b) Deputy administrator (1) Appointment There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Deputy Administrator. (2) Term The term of service of the Deputy Administrator shall be 6 years. (3) Reappointment A Deputy Administrator may serve more than 1 term. (4) Duties The Deputy Administrator shall— (A) perform such functions as the Administrator shall from time to time assign or delegate; and (B) act as the Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator. (5) Compensation The President shall fix the total annual compensation of the Deputy Administrator in an amount that— (A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and (B) does not exceed the total annual compensation paid to the Administrator. 203. Other officers (a) Establishment There shall be in the Administration— (1) a General Counsel; (2) a Chief Financial Officer, who shall be appointed from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, financial management practices in large governmental or business entities; and (3) not more than 3 Assistant Administrators, who shall perform such functions as the Administrator shall specify from time to time. (b) Appointment Officers appointed under this section shall— (1) be appointed by the Administrator; (2) be considered career appointees; and (3) be subject to section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) (c) Order of succession The Administrator may designate the order in which the officers appointed pursuant to this section shall act for, and perform the functions of, the Administrator during the absence or disability of the Administrator and the Deputy Administrator or in the event of vacancies in the offices of the Administrator and the Deputy Administrator. 204. Inspector General There shall be in the Administration an Inspector General, who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.). 205. Nuclear Waste Oversight Board (a) Establishment There is established an independent establishment in the executive branch, to be known as the Nuclear Waste Oversight Board (1) to oversee— (A) the receipt, disbursement, and use of funds in the Working Capital Fund and the Nuclear Waste Fund; (B) the adequacy of the fees collected under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) 42 U.S.C. 10101 et seq. (C) the performance of the Administrator in— (i) fulfilling contracts with contract holders; and (ii) complying with the mission plan; and (2) to review the annual management reports and financial statements submitted by the Administrator under section 505. (b) Members The Oversight Board shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate, from among prominent United States citizens of integrity and reputation who, based on the training, experience, and attainments of the individuals, are exceptionally well qualified to evaluate and oversee the administration of this Act. (c) Political affiliation Not more than 3 members of the Oversight Board may be members of the same political party. (d) Terms (1) In general Except as provided in paragraphs (2) and (3), each member shall serve a term of 5 years. (2) Initial terms (A) Starting date The term of the first 5 members appointed to the Oversight Board shall be treated as having started on the first July 1 after the date of enactment of this Act. (B) Staggered term Of the 5 members first appointed to the Board under subparagraph (A)— (i) 1 shall be appointed for a term of 1 year; (ii) 1 shall be appointed for a term of 2 years; (iii) 1 shall be appointed for a term of 3 years; (iv) 1 shall be appointed for a term of 4 years; and (v) 1 shall be appointed for a term of 5 years. (3) Extension of term (A) In general Subject to subparagraph (B), a member of the Oversight Board may continue to serve after the expiration of the term of the member until a successor is appointed, has been confirmed, and has taken the oath of office. (B) Limitation No member of the Oversight Board may serve beyond the end of the session of the Congress in which the term of the member expires. (4) Vacancies A member of the Oversight Board appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of the term of the predecessor. (5) Reappointment A member of the Oversight Board may be reappointed for an additional term by the President, by and with the advice and consent of the Senate. (e) Removal The President may remove any member of the Oversight Board for inefficiency, neglect of duty, or malfeasance in office. (f) Chair The President shall designate 1 member of the Oversight Board as Chair of the Oversight Board. (g) Acting chair The Chair designated under subsection (f) may from time to time designate any other member of the Oversight Board to act in the place and stead of the Chair during the absence. (h) Quorum 3 members of the Oversight Board shall constitute a quorum for the purpose of doing business. (i) Equal responsibility and authority Each member of the Oversight Board, including the Chair, shall have— (1) equal responsibility and authority in all decisions and actions of the Oversight Board; (2) full access to all information relating to the performance of the duties and responsibilities of the member; and (3) 1 vote. (j) Conflict of interest No member of the Oversight Board shall— (1) be employed by the Administration or the Department of Energy; or (2) have a financial interest in (including an employment relationship with) any contract holder or contractor of the Administration. (k) Compensation (1) In general Each member of the Oversight Board shall be paid at the rate of pay payable for level III of the Executive Schedule in subchapter II of chapter 53 (2) Travel expenses Each member of the Oversight Board may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 5703 (l) Meetings The Oversight Board shall meet at least once every 90 days. (m) Functions The Oversight Board shall— (1) review, on an ongoing basis— (A) the progress made by the Administrator in siting, constructing, and operating nuclear waste facilities under this Act; (B) the use of funds made available to the Administrator under this Act; (C) whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment; and (D) the liability of the United States to contract holders; (2) identify any problems that may impede the implementation of this Act; and (3) recommend to the Administrator, the President, or Congress, as appropriate, any actions that may be needed to ensure the implementation of this Act. (n) Reports The Oversight Board shall report the findings, conclusions, and recommendations of the Oversight Board to the Administrator, the President, and Congress not less than once per year. (o) Response by the administrator Not later than 45 days after the date on which the Oversight Board submits a report to the Administrator under subsection (n), the Administrator shall transmit to the Oversight Board, in writing— (1) a statement of whether the Administrator accepts or rejects, in whole or in part, the recommendations submitted by the Oversight Board; (2) a description of the actions taken in response to the recommendations (or an explanation of the reasons for not acting on the recommendations); and (3) the views of the Administrator on the recommendations. (p) Public availability The Administrator shall make all reports under subsection (n) and all responses from the Administrator under subsection (o) available to the public. (q) Executive Secretary The Oversight Board shall appoint and fix the compensation of an Executive Secretary, who shall— (1) assemble and maintain the reports, records, and other papers of the Oversight Board; and (2) perform such functions as the Oversight Board shall from time to time assign or delegate to the Executive Secretary. (r) Additional staff (1) Appointment The Oversight Board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the Oversight Board. (2) Limitation The Oversight Board may appoint not more than 10 clerical or professional staff members under this subsection. (3) Supervision and direction The clerical and professional staff of the Oversight Board shall be under the supervision and direction of the Executive Secretary. (s) Staff compensation (1) Clerical staff Clerical staff 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 such title relating to classification and General Schedule rates. (2) Professional staff Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the maximum rate of pay under the General Schedule. (t) Access to information (1) Duty to inform The Administrator shall keep the Oversight Board fully and currently informed on all of the activities of the Administration. (2) Production of documents The Administrator shall provide the Oversight Board with any records, files, papers, data, or information requested by the Oversight Board. (u) Support services To the extent permitted by law and requested by the Oversight Board, the Administrator of General Services shall provide the Oversight Board with necessary administrative services, facilities, and support on a reimbursable basis. (v) Health, safety, and environmental regulation Nothing in this section gives the Oversight Board jurisdiction to regulate the activities of the Administration to protect the health and safety of the public or the environment. (w) Authorization of appropriations There are authorized to be appropriated to the Oversight Board from amounts in the Nuclear Waste Fund such sums as are necessary to carry out this section. 206. Conforming amendments (a) Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following: (R) The Nuclear Waste Administration. . (b) Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by inserting the Nuclear Waste Administration; Export-Import Bank; (2) in paragraph (2), by inserting the Nuclear Waste Administration, Export-Import Bank, III Functions 301. Transfer of functions There are transferred to and vested in the Administrator all functions vested in the Secretary by the Nuclear Waste Policy Act of 1982 42 U.S.C. 10101 et seq. (1) the construction and operation of a repository; (2) entering into and performing contracts for the disposal of nuclear waste under section 302 of that Act ( 42 U.S.C. 10222 (3) the collection, adjustment, deposition, and use of fees to offset expenditures for the management of nuclear waste; and (4) the issuance of obligations under section 302(e)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5)). 302. Transfer of contracts Each contract for the disposal of nuclear waste entered into by the Secretary before the date of enactment of this Act shall continue in effect according to the terms of the contract with the Administrator substituted for the Secretary. 303. Nuclear waste facilities The Administrator shall site, construct, and operate— (1) a pilot facility for the storage of priority waste; (2) 1 or more additional storage facilities for the storage of nonpriority nuclear waste; and (3) 1 or more repositories for the permanent disposal of nuclear waste. 304. Siting nuclear waste facilities In siting nuclear waste facilities under this Act or performing any function transferred under section 301(1), the Administrator shall employ a process that— (1) allows affected communities to decide whether, and on what terms, the affected communities will host a nuclear waste facility; (2) is open to the public and allows interested persons to be heard in a meaningful way; (3) is flexible and allows decisions to be reviewed and modified in response to new information or new technical, social, or political developments; and (4) is based on sound science and meets public health, safety, and environmental standards. 305. Storage facilities (a) Establishment of storage facility program The Administrator shall establish a storage program to license, construct, and operate through 1 or more non-Federal sector partners, 1 or more government or non-federally owned storage facilities to provide interim storage, as needed, for spent nuclear fuel and high-level radioactive waste. (b) Pilot program for the storage of priority waste (1) Request for proposals (A) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a request for proposals for cooperative agreements for a pilot program for the storage of priority waste— (i) to obtain any license from the Nuclear Regulatory Commission and any other Federal or State entity that is necessary for the construction of 1 or more storage facilities; (ii) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (iii) to demonstrate the safe storage of spent nuclear and high-level radioactive waste, as applicable, at the 1 or more storage facilities, pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel or high-level radioactive waste. (B) Guidelines (i) In general The request for proposals under subparagraph (A) shall include general guidelines for the consideration of storage facilities consistent with each requirement of section 112(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10132(a) (ii) Revisions The Administrator may revise the general guidelines from time to time, consistent with this section. (2) Reviews of Proposals (A) In general The Administrator shall review each proposal submitted under paragraph (1) to evaluate— (i) the extent to which the applicable States, affected units of general local government, and affected Indian tribes support the proposal; (ii) the likelihood that the proposed site is suitable for site characterization under the guidelines under paragraph (1)(B); (iii) a reasonable comparative evaluation of the proposed site and other proposed sites; (iv) the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; (v) the extent to which each proposal would— (I) enhance the reliability and flexibility of the system for the disposal of nuclear waste, including co-location with a proposed permanent geological repository; and (II) minimize the impacts of transportation and handling of nuclear waste; (vi) potential conflicts with— (I) a compliance agreement requiring removal of nuclear waste from a site; or (II) a statutory prohibition on the storage or disposal of nuclear waste at a site; and (vii) any other criteria, including criteria relating to technical or safety specifications, that the Administrator determines to be appropriate. (B) Preference for co-located repository and storage facility In reviewing proposals submitted under paragraph (1), the Administrator shall give preference to sites proposed to be co-located with— (i) additional storage facilities for nonpriority waste; or (ii) a repository. (3) Site characterization (A) Determination of suitability After conducting a review under paragraph (2) and any additional site investigation that the Administrator determines to be appropriate, the Administrator shall determine whether the site is suitable for site characterization. (B) Selection of site for characterization From the sites determined to be suitable for site characterization under subparagraph (A), the Administrator shall select at least 1 site for site characterization, giving priority to sites that have been proposed to be co-located with a permanent geological repository, after— (i) holding public hearings in the vicinity of each site and at least 1 other location within the State in which the site is located; and (ii) notifying Congress. (C) Cooperative agreement On selection of a site for characterization under subparagraph (B), the Administrator may enter into a cooperative agreement, subject to section 401(e), with the State, affected units of general local government, and affected Indian tribes, as applicable, that includes— (i) terms of financial and technical assistance to enable each applicable unit of government to monitor, review, evaluate, comment on, obtain information on, make recommendations on, and mitigate any impacts from, site characterization activities; and (ii) any other term that the Administrator determines to be appropriate. (4) Site selection (A) In general Subject to subparagraphs (B) and (C), on completion of site characterization activities, the Administrator shall— (i) make a final determination for each site of whether the site is suitable for development as a storage facility; and (ii) select 1 or more suitable sites for storage facilities. (B) Consent-Based Approval Before selecting a site for developing a storage facility, the Administrator shall enter into a consent agreement, subject to section 401(e), to host the facility with— (i) the Governor or other authorized official of the State in which the site is proposed to be located; (ii) each affected unit of general local government; and (iii) any affected Indian tribe. (C) Binding effect The consent agreement— (i) shall be binding on the parties, subject to section 401(e); and (ii) shall not be amended or revoked except by mutual agreement of the parties. (5) Submission of program plan Not less than 30 days before selecting a site for development of a storage facility under paragraph (4), the Administrator shall submit to Congress a program plan that includes— (A) a list of the 1 or more sites the Administrator proposes to select for a storage facility; (B) an estimate of the cost of licensing, constructing, and operating each storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the storage facility; (C) a schedule for— (i) obtaining from the Nuclear Regulatory Commission any license necessary to construct and operate the storage facility; (ii) constructing the storage facility; (iii) transporting spent fuel to the storage facility; and (iv) removing the spent fuel from, and decommissioning of, the storage facility; (D) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or unit of local government; (E) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the storage facilities developed under this section; and (F) recommendations for any additional legislation needed to authorize and implement the program. (6) Submission of license application On selection of a site under paragraph (4), the applicant (in the case of a non-Federal facility) or the Administrator (in the case of a federally owned facility) shall submit to the Commission an application for a construction authorization for the storage facility. (c) Additional storage facilities for nonpriority waste (1) In general The Administrator shall seek to ensure that efforts to site, construct, and operate a storage facility for nonpriority waste are accompanied by parallel efforts to site, construct, and operate 1 or more repositories. (2) Storage facilities for nonpriority waste Except as provided in paragraphs (3) and (4), the Administrator may issue requests for proposals and select sites for site characterization for 1 or more additional storage facility for nonpriority waste as the Administrator determines to be necessary— (A) subject to the terms and conditions of this section; and (B) in accordance with the mission plan developed under section 504. (3) First 10 years During the 10-year period following the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste unless the Administrator has obligated funds for activities under section 306. (4) After first 10 years After the date that is 10 years after the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste until the Administrator has selected a site for evaluation under section 306(b)(2). (5) Storage of priority waste Nothing in this section precludes the Administrator from storing priority waste at a storage facility for nonpriority waste. 306. Repositories (a) Siting guidelines (1) Issuance Not later than 1 year after the date of enactment of this Act, the Administrator shall issue general guidelines for the consideration of candidate sites for repositories, which shall— (A) comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)); and (B) require the Administrator to take into account the extent to which a repository would— (i) enhance the reliability and flexibility of the system for the disposal of nuclear waste; and (ii) minimize the impacts of transportation and handling of nuclear waste. (2) Revisions The Administrator may revise the guidelines in a manner consistent with this subsection and section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)). (b) Identification of candidate sites (1) Review of potential sites As soon as practicable after the date of the issuance of the guidelines under subsection (a), the Administrator shall evaluate potential sites for a repository to determine whether the sites are suitable for site characterization. (2) Sites eligible for review The Administrator shall select sites for evaluation under paragraph (1) from among sites recommended by— (A) the Governor or duly authorized official of the State in which the site is located; (B) the governing body of the affected unit of general local government; (C) the governing body of an Indian tribe within the reservation boundaries of which the site is located; or (D) the Administrator, after consultation with, and with the consent of— (i) the Governor of the State in which the site is located; (ii) the governing body of the affected unit of general local government; and (iii) the governing body of the Indian tribe, if the site is located within the reservation of an Indian tribe. (3) Site investigations In evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization, the Administrator— (A) shall use available geophysical, geological, geochemical, hydrological, and other information; and (B) shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner. (4) Determination of suitability The Administrator shall determine whether a site is suitable for site characterization based on an environmental assessment of the site, which shall include— (A) an evaluation by the Administrator of whether the site is suitable for development as a repository under the guidelines established under subsection (a), including a safety case that provides the basis for confidence in the safety of the proposed nuclear waste facility at the proposed site; (B) an evaluation by the Administrator of the effects of site characterization activities on public health and safety and the environment; (C) a reasonable comparative evaluation of the proposed site and other proposed sites; (D) a description of the decision process by which the site was recommended; (E) an assessment of the regional and local impacts of locating a repository at the site, including the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; and (F) potential conflicts with— (i) a compliance agreement requiring removal of nuclear waste from a site; or (ii) a statutory prohibition on the storage or disposal of nuclear waste at a site. (c) Site characterization (1) Selection of sites From among the sites determined to be suitable for site characterization under subsection (b), the Administrator shall select at least 1 site for site characterization as a repository. (2) Preference for co-located repository and storage facility In selecting sites for site characterization as a repository, the Administrator shall give preference and priority to sites determined to be suitable for co-location of a storage facility and a repository. (3) Public hearings Before selecting a site for site characterization, the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located— (A) to inform the public of the proposed site characterization; and (B) to solicit public comments and recommendations with respect to the site characterization plan of the Administrator. (4) Consultation and cooperation agreement (A) Requirement Before selecting a site for site characterization, the Administrator shall enter into a consultation and cooperation agreement, subject to section 401(e), with— (i) the Governor of the State in which the site is located; (ii) the governing body of the affected unit of general local government; and (iii) the governing body of any affected Indian tribe. (B) Contents The consultation and cooperation agreement shall provide— (i) compensation to the State, any affected units of local government, and any affected Indian tribes for any potential economic, social, public health and safety, and environmental impacts associated with site characterization; and (ii) financial and technical assistance to enable the State, affected units of local government, and affected Indian tribes to monitor, review, evaluate, comment on, obtain information on, and make recommendations on site characterization activities. (d) Final site suitability determination (1) Determination required On completion of site characterization activities, the Administrator shall make a final determination of whether the site is suitable for development as a repository. (2) Basis of determination In making a determination under paragraph (1), the Administrator shall determine if— (A) the site is scientifically and technically suitable for development as a repository, taking into account— (i) whether the site meets the siting guidelines of the Administrator; and (ii) whether there is reasonable assurance that a repository at the site will meet— (I) the radiation protection standards of the Administrator of the Environmental Protection Agency; and (II) the licensing standards of the Commission; and (B) development of a repository or storage facility at the site is in the national interest. (3) Public hearings Before making a final determination under paragraph (1), the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located to solicit public comments and recommendations on the proposed determination. (e) Consent agreements (1) Requirement On making a final determination of site suitability under subsection (e), but before submitting a license application to the Commission under subsection (g), the Administrator shall enter into a consent agreement, subject to section 401(e), with— (A) the Governor or other authorized official of the State in which the site is located; (B) the governing body of the affected unit of general local government; and (C) if the site is located on a reservation, the governing body of the affected Indian tribe. (2) Contents The consent agreement shall— (A) contain the terms and conditions on which each State, local government, and Indian tribe, as applicable, consents to host the repository; and (B) express the consent of each State, local government, and Indian tribe to host the repository. (3) Terms and conditions The terms and conditions under paragraph (2)(A)— (A) shall promote the economic and social well-being of the people living in the vicinity of the repository; and (B) may include— (i) financial compensation and incentives; (ii) economic development assistance; (iii) operational limitations or requirements; and (iv) regulatory oversight authority. (4) Binding effect The consent agreement— (A) shall be binding on the parties, subject to section 401(e); and (B) shall not be amended or revoked except by mutual agreement of the parties. (f) Submission of license application On determining that a site is suitable under subsection (d) and ratification of a consent agreement under subsection (e), the Administrator shall submit to the Commission an application for a construction authorization for the repository. 307. Licensing nuclear waste facilities The construction and operation of a storage facility or repository under this Act shall be subject to— (1) all applicable standards for the protection of the general environment from offsite releases of radioactive material; (2) the licensing and regulatory jurisdiction of the Commission, including all applicable criteria and requirements issued by the Commission under section 121(b) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10141(b) (3) the terms and conditions of each consent agree entered into under section 305(b)(4) or section 306(e). 308. Defense waste (a) Disposal and storage by Administration The Secretary— (1) shall arrange for the Administrator to dispose of defense wastes in a repository developed under this Act; and (2) may arrange for the Administrator to store defense wastes in storage facilities developed under this Act pending disposal in a repository. (b) Memorandum of agreement The arrangements shall be covered by a memorandum of agreement between the Secretary and the Administrator. (c) Costs The portion of the cost of developing, constructing, and operating the repository or storage facilities under this Act that is attributable to defense wastes shall be allocated to the Federal Government and paid by the Federal Government into the Working Capital Fund. (d) Prohibition No defense waste may be stored or disposed of by the Administrator in any storage facility or repository constructed under this Act until funds are appropriated to the Working Capital Fund in an amount equal to the fees that would be paid by contract holders under section 302 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222 (e) Commingling determination (1) Reevaluation Notwithstanding section 8 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10107 (2) Notification Not later than 1 year after the date of enactment of this Act, the Secretary shall notify the President and the appropriate committees of Congress of whether the Secretary intends to reevaluate the decision under paragraph (1) and the reasons for that decision. (3) Separate nuclear waste facilities If the Secretary finds, after conducting the reevaluation under paragraph (1), that the development of separate nuclear waste facilities for the storage or disposal of defenses wastes is necessary or appropriate for the efficient management of defenses wastes, the Administrator may, with the concurrence of the President, site, construct, and operate 1 or more separate nuclear waste facilities for the storage or disposal of defenses wastes. 309. Transportation (a) In general The Administrator shall be responsible for transporting nuclear waste— (1) from the site of a contract holder to a storage facility or repository; (2) from a storage facility to a repository; and (3) in the case of defense waste, from a Department of Energy site to a repository. (b) Certified packages No nuclear waste may be transported under this Act except in packages— (1) the design of which has been certified by the Commission; and (2) that have been determined by the Commission to satisfy the quality assurance requirements of the Commission. (c) Notification Prior to any transportation of nuclear waste under this Act, the Administrator shall provide advance notification to States and Indian tribes through whose jurisdiction the Administrator plans to transport the nuclear waste. (d) Transportation assistance (1) Public education The Administrator shall conduct a program to provide information to the public about the transportation of nuclear waste. (2) Training The Administrator shall provide financial and technical assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste to train public safety officials and other emergency responders on— (A) procedures required for the safe, routine transportation of nuclear waste; and (B) procedures for dealing with emergency response situations involving nuclear waste, including instruction of— (i) government and tribal officials and public safety officers in command and control procedures; (ii) emergency response personnel; and (iii) radiological protection and emergency medical personnel. (3) Equipment The Administrator shall provide monetary grants and contributions in-kind to assist States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for the purpose of acquiring equipment for responding to a transportation incident involving nuclear waste. (4) Transportation safety programs The Administrator shall provide in-kind, financial, technical, and other appropriate assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for transportation safety programs related to shipments of nuclear waste. IV Funding and legal proceedings 401. Working Capital Fund (a) Establishment There is established in the Treasury a separate fund, to be known as the Nuclear Waste Administration Working Capital Fund (b) Contents The Working Capital Fund shall consist of— (1) all fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (A) notwithstanding section 302(c)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)(1)); and (B) immediately on the payment of the fees; (2) any appropriations made by Congress to pay the share of the cost of the program established under this Act attributable to defense wastes; and (3) interest paid on the unexpended balance of the Working Capital Fund. (c) Availability All funds deposited in the Working Capital Fund— (1) shall be immediately available to the Administrator to carry out the functions of the Administrator, except to the extent limited in annual authorization or appropriation Acts; (2) shall remain available until expended; and (3) shall not be subject to apportionment under subchapter II of chapter 15 (d) Use of Fund Except to the extent limited in annual authorization or appropriation Acts, the Administrator may make expenditures from the Working Capital Fund only for purposes of carrying out functions authorized by this Act. (e) Contract authority Any contract or agreement that authorizes an expenditure or obligation exceeding an amount available in the Working Capital Fund for the expenditure or obligation (including any cooperative agreement, consultation, and cooperation agreement, or consent agreement under section 305 or 306) shall be subject to appropriation. (f) Performance-Based funding No fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) 402. Nuclear Waste Fund (a) Elimination of legislative veto Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(4) transmittal unless transmittal. (b) Administration of the waste fund Section 302(e) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(e) (1) by striking Secretary Secretary of the Treasury Administrator of the Nuclear Waste Administration (2) by striking the Waste Fund the Waste Fund or the Working Capital Fund established by section 401 of the Nuclear Waste Administration Act of 2013 403. Full cost recovery In determining whether insufficient or excess revenues are being collected to ensure full cost recovery under section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the Administrator shall— (1) assume that sufficient funds will be appropriated to the Nuclear Waste Fund to cover the costs attributable to disposal of defense wastes; and (2) take into account the additional costs resulting from the enactment of this Act. 404. Judicial review (a) Jurisdiction (1) Courts of appeals Except for review in the Supreme Court, a United States court of appeals shall have original and exclusive jurisdiction over any civil action— (A) for review of any final decision or action of the Administrator or the Commission under this Act; (B) alleging the failure of the Administrator or the Commission to make any decision, or take any action, required under this Act; (C) challenging the constitutionality of any decision made, or action taken, under this Act; or (D) for review of any environmental assessment or environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Venue The venue of any proceeding under this section shall be in— (A) the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner; or (B) the United States Court of Appeals for the District of Columbia Circuit. (b) Deadline for commencing action (1) In general Except as provided in paragraph (2), a civil action for judicial review described in subsection (a)(1) may be brought not later than the date that is 180 days after the date of the decision or action or failure to act involved. (2) No knowledge of decision or action If a party shows that the party did not know of the decision or action complained of (or of the failure to act) and that a reasonable person acting under the circumstances would not have known, the party may bring a civil action not later than 180 days after the date the party acquired actual or constructive knowledge of the decision, action, or failure to act. 405. Litigation authority (a) Supervision by attorney general The litigation of the Administration shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code. (b) Attorneys of Administration The Attorney General may authorize any attorney of the Administration to conduct any civil litigation of the Administration in any Federal court, except the Supreme Court. 406. Liabilities (a) Pending legal proceedings Any suit, cause of action, or judicial proceeding commenced by or against the Secretary relating to functions or contracts transferred to the Administrator by this Act shall— (1) not abate by reason of the enactment of this Act; and (2) continue in effect with the Administrator substituted for the Secretary. (b) Settlement of pending litigation; contract modification (1) Settlement The Attorney General, in consultation with the Administrator, shall settle all claims against the United States by a contract holder for the breach of a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (2) Contract modification The Administrator and contract holders shall modify contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) (c) Payment of judgments and settlements Payment of judgments and settlements in cases arising from the failure of the Secretary to meet the deadline of January 31, 1998, to begin to dispose of nuclear waste under contracts entered into under section 302(a)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be paid from the permanent judgment appropriation established pursuant to section 1304 (d) New contracts Notwithstanding section 302(a)(5) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a)(5) (e) Nuclear indemnification (1) Indemnification agreements For purposes of section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 Price-Anderson Act (A) any person that conducts nuclear waste activities under a contract with the Administrator that may involve the risk of public liability shall be treated as a contractor of the Secretary; and (B) the Secretary shall enter into an agreement of indemnification with any person described in subparagraph (A). (2) Conforming amendment Section 11 ff. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by inserting or the Nuclear Waste Administration Secretary of Energy V Administrative and savings provisions 501. Administrative powers of Administrator The Administrator shall have the power— (1) to perform the functions of the Secretary transferred to the Administrator pursuant to this Act; (2) to enter into contracts with any person who generates or holds title to nuclear waste generated in a civilian nuclear power reactor for the acceptance of title, subsequent transportation, storage, and disposal of the nuclear waste; (3) to enter into and perform contracts, leases, and cooperative agreements with public agencies, private organizations, and persons necessary or appropriate to carry out the functions of the Administrator; (4) to acquire, in the name of the United States, real estate for the construction, operation, and decommissioning of nuclear waste facilities; (5) to obtain from the Administrator of General Services the services the Administrator of General Services is authorized to provide agencies of the United States, on the same basis as those services are provided to other agencies of the United States; (6) to conduct nongeneric research, development, and demonstration activities necessary or appropriate to carrying out the functions of the Administrator; and (7) to make such rules and regulations, not inconsistent with this Act, as may be necessary to carry out the functions of the Administrator. 502. Personnel (a) Officers and employees (1) Appointment In addition to the senior officers described in section 203, the Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Administration. (2) Compensation Except as provided in paragraph (3), officers and employees appointed under this subsection shall be appointed in accordance with the civil service laws and the compensation of the officers and employees shall be fixed in accordance with title 5, United States Code. (3) Exception Notwithstanding paragraph (2), the Administrator may, to the extent the Administrator determines necessary to discharge the responsibilities of the Administrator— (A) appoint exceptionally well qualified individuals to scientific, engineering, or other critical positions without regard to the provisions of chapter 33 (B) fix the basic pay of any individual appointed under subparagraph (A) at a rate of not more than level I of the Executive Schedule without regard to the civil service laws, except that the total annual compensation of the individual shall be at a rate of not more than the highest total annual compensation payable under section 104 of title 3, United States Code. (4) Merit principles The Administrator shall ensure that the exercise of the authority granted under paragraph (3) is consistent with the merit principles of section 2301 (b) Experts and consultants The Administrator may obtain the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code. (c) Advisory committees (1) Establishment The Administrator may establish, in accordance with the Federal Advisory Committee Act (2) Compensation A member of an advisory committee, other than a full-time employee of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 503. Offices (a) Principal office The principal office of the Administration shall be in or near the District of Columbia. (b) Field offices The Administrator may maintain such field offices as the Administrator considers necessary to carry out the functions of the Administrator. 504. Mission plan (a) In general The Administrator shall prepare a mission plan, which shall— (1) provide an informational basis sufficient to permit informed decisions to be made in carrying out the functions of the Administrator; and (2) provide verifiable indicators for oversight of the performance of the Administrator. (b) Contents The mission plan shall include— (1) a description of the actions the Administrator plans to take to carry out the functions of the Administrator under this Act; (2) schedules and milestones for carrying out the functions of the Administrator, which shall provide for the operation of— (A) a pilot facility not later than December 31, 2021; (B) a storage facility for nonpriority waste not later than December 31, 2025; and (C) a repository not later than December 31, 2048; and (3) an estimate of the amounts that the Administration will need Congress to appropriate from the Nuclear Waste Fund (in addition to amounts expected to be available from the Working Capital Fund) to carry out the functions of the Nuclear Waste Fund, on an annual basis. (c) Proposed mission plan Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a proposed mission plan for comment to— (1) Congress; (2) the Oversight Board; (3) the Commission; (4) the Nuclear Waste Technical Review Board established by section 502 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10262 (5) the States; (6) affected Indian tribes; and (7) such other interested persons as the Administrator considers appropriate. (d) Public notice and comment On submitting the proposed mission plan for comment under subsection (c), the Administrator shall— (1) publish a notice in the Federal Register of the availability of the proposed mission plan for public comment; and (2) provide interested persons an opportunity to comment on the proposed plan. (e) Submission of final mission plan After consideration of the comments received, the Administrator shall— (1) revise the proposed mission plan to the extent that the Administrator considers appropriate; and (2) submit the final mission plan, along with a general statement responding to any significant issues raised in the comments received on the proposed mission plan, to the appropriate committees of Congress, the President, and the Oversight Board. (f) Revision of the mission plan The Administrator shall— (1) revise the mission plan, as appropriate, to reflect major changes in the planned activities, schedules, milestones, and cost estimates reported in the mission plan; and (2) submit the revised mission plan to Congress, the President, and the Oversight Board prior to implementing the proposed changes. 505. Annual reports (a) In general The Administrator shall annually prepare and submit to Congress, the President, and the Oversight Board a comprehensive report on the activities and expenditures of the Administration. (b) Management report The annual report submitted under subsection (a) shall include— (1) the annual management report required under section 9106 (2) the report on any audit of the financial statements of the Administration conducted under section 9105 of title 31, United States Code. 506. Savings provisions; terminations (a) Commission proceedings This Act shall not affect any proceeding or any application for any license or permit pending before the Commission on the date of enactment of this Act. (b) Authority of the secretary This Act shall not transfer or affect the authority of the Secretary with respect to— (1) the maintenance, treatment, packaging, and storage of defense wastes at Department of Energy sites prior to delivery to, and acceptance by, the Administrator for disposal in a repository; (2) the conduct of generic research, development, and demonstration activities related to nuclear waste management, including proliferation-resistant advanced fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts; and (3) training and workforce development programs relating to nuclear waste management. (c) Terminations The authority for each function of the Secretary relating to the siting, construction, and operation of repositories or storage facilities not transferred to the Administrator under this Act shall terminate on the date of enactment of this Act, including the authority— (1) to provide interim storage or monitored, retrievable storage under subtitles B and C of title I of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10151 et seq. (2) to site or construct a test and evaluation facility under title II of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10191 et seq. 507. Technical assistance in the field of spent fuel storage and disposal (a) Joint notice Not later than 90 days after the date of enactment of this Act and annually for 5 succeeding years, the Secretary and the Commission shall update and publish in the Federal Register the joint notice required by section 223(b) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10203(b) (b) Informing foreign governments As soon as practicable after the date of the publication of the annual joint notice described in subsection (a), the Secretary of State shall inform the governments of nations and organizations operating nuclear power plants, solicit expressions of interest, and transmit any such expressions of interest to the Secretary and the Commission, as provided in section 223(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)). (c) Budget requests The President shall include in the budget request of the President for the Commission and the Department of Energy for each of fiscal years 2014 through 2019 such funding requests for a program of cooperation and technical assistance with nations in the fields of spent nuclear fuel storage and disposal as the President determines appropriate in light of expressions of interest in the cooperation and assistance. (d) Eligibility Notwithstanding any limitation on cooperation and technical assistance to non-nuclear weapon states under section 223 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary and the Commission may cooperate with and provide technical assistance to nuclear weapon states, if the Secretary and the Commission determine the cooperation and technical assistance is in the national interest. 508. Nuclear Waste Technical Review Board (a) Eligibility Section 502(b)(3)(C)(iii)(I) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by inserting or the Nuclear Waste Administration the Department of Energy (b) Functions Section 503 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10263 1987 1987 and the Nuclear Waste Administrator (c) Production of documents Section 504(b) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10264(b) Secretary Nuclear Waste Administrator (d) Reports Section 508 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10268 Congress and the Secretary Congress, the Nuclear Waste Administrator, and the Nuclear Waste Oversight Board (e) Termination Section 510 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10270 Secretary Nuclear Waste Administrator 509. Repeal of volume limitation Section 114(d) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10134(d) | Nuclear Waste Administration Act of 2013 |
Bipartisan Student Loan Certainty Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to set the annual interest rate on Direct Loans at the bond equivalent rate on 91-day Treasury bills plus: (1) 1.85% for Direct Stafford Loans and Direct Unsubsidized Stafford Loans for undergraduate students, (2) 3.4% for Direct Unsubsidized Stafford Loans for graduate students, and (3) 4.4% for Direct PLUS Loans. Fixes the interest rate on such loans for the period of the loan. Sets the annual interest rate on the unpaid principle balance of Direct Consolidation Loans at the lesser of: (1) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%; or (2) 8.25%. Makes these interest rate provisions applicable to loans first disbursed on or after July 1, 2013. Requires institutions of higher education (IHEs) to provide student borrowers of title IV loans, prior to or at the time of their departure from school, with information regarding: (1) their options for loan consolidation; (2) the income-based repayment plan, including information about capped monthly payments and loan forgiveness under the plan; and (3) Direct Consolidation Loans. | 113 S1241 PCS: Bipartisan Student Loan Certainty Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 125 113th CONGRESS 1st Session S. 1241 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Manchin Mr. King Mr. Alexander Mr. Coburn Mr. Burr Mr. Carper Ms. Ayotte Mr. Isakson A BILL To establish the interest rate for certain Federal student loans, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Student Loan Certainty Act 2. Interest Rates (a) Interest rate provisions and disclosures Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (1) in subsection (b)(7)(C), by inserting and before July 1, 2013, July 1, 2006, (2) by adding at the end of the following: (E) Interest rate provisions for new loans on or after July 1, 2013 (i) Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans (I) In General Notwithstanding the preceding paragraphs of this subsection or subparagraph (A) or (B), for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (aa) the bond equivalent rate of 10-year Treasury bills auctioned at the final auction held prior to such June 1; plus (bb) (AA) 1.85 percent for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for undergraduate students; (BB) 3.4 percent for Federal Direct Unsubsidized Stafford Loans for graduate students; and (CC) 4.4 percent for Federal Direct PLUS Loans. (II) Consultation The Secretary shall determine the applicable rates of interest under this clause after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register on or before June 5 preceding the award year for which the rate is determined. (III) Rate The applicable rate of interest determined under subclause (I) for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the Loan. (ii) Consolidation loans Any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2013, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of— (I) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent; or (II) 8.25 percent. . (b) Exit counseling requirement Section 485(b)(1)(A)(vii) is amended— (1) by redesignating subclauses (III) and (IV) as subclauses (VI) and (VII), respectively; and (2) by inserting after subclause (II) the following: (III) the borrower's options for loan consolidation; (IV) information about the income-based repayment plan under section 493C, including information about capped monthly payments and loan forgiveness under such plan; (V) information about Federal Direct Consolidation Loans, which for applications received on or after July 1, 2013, have a maximum interest rate of 8.25 percent, as described under section 455(b)(7)(E)(ii) . 3. Rule of construction Nothing in this Act shall be construed to provide the Secretary of Education with the authority to require, or promulgate regulations requiring, new counseling not otherwise required by section 2, and the amendments made by such section, or the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 4. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation June 27, 2013 Read twice and ordered placed on the calendar | Bipartisan Student Loan Certainty Act |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 - Title I: Agricultural Programs - Appropriates FY2014 funds for the following Department of Agriculture (USDA) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) Office of the Chief Economist; (3) National Appeals Division; (4) Office of Budget and Program Analysis; (5) Office of the Chief Information Officer; (6) Office of the Chief Financial Officer; (7) Office of the Assistant Secretary for Civil Rights; (8) Office of Civil Rights; (9) agriculture buildings and facilities and rental payments; (10) hazardous materials management; (11) Office of Inspector General; (12) Office of the General Counsel; (13) Office of the Under Secretary for Research, Education, and Economics; (14) Economic Research Service; (15) National Agricultural Statistics Service; (16) Agricultural Research Service; (17) National Institute of Food and Agriculture; (18) Native American institutions endowment fund; (19) Hispanic-serving agricultural colleges and universities endowment fund; (20) extension and integrated activities; (21) Office of the Under Secretary for Marketing and Regulatory Programs; (22) Animal and Plant Health Inspection Service; (23) Agricultural Marketing Service; (24) Grain Inspection, Packers and Stockyards Administration; (25) Office of the Under Secretary for Food Safety; (26) Food Safety and Inspection Service; (27) Office of the Under Secretary for Farm and Foreign Agricultural Services; (28) Farm Service Agency; (29) Risk Management Agency; (30) Federal Crop Insurance Corporation Fund; and (31) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment, and (2) Natural Resources Conservation Service. Title III: Rural Development Programs- Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development, (2) rural development salaries and expenses, (3) Rural Housing Service, (4) Rural Business-Cooperative Service, (5) Rural Utilities Service, and (6) rural community facilities program account. Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service. Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) the Foreign Agricultural Service, (2) Food for Peace Act (P.L. 480) program title I and title II grants, (3) Commodity Credit Corporation (CCC) export loans, and (4) McGovern-Dole international food for education and child nutrition program grants. Title VI: Related Agency and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA), and (2) Farm Credit Administration. Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 702) Authorizes the Secretary to transfer unobligated balances to the Working Capital Fund for plant and capital equipment acquisition, which shall remain available until expended. (Sec. 703) Prohibits appropriations under this Act from remaining available for obligation beyond the current fiscal year unless expressly provided for. (Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit organizations to 10%. (Sec. 705) Makes USDA appropriations for direct and guaranteed loans available for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account. (Sec. 706) Prohibits funds made available to USDA under this Act from being used to acquire new information technology systems or significant upgrades. (Sec. 707) Makes funds available in the current fiscal year for agricultural management assistance under the Federal Crop Insurance Act and for specified conservation programs under the Food Security Act of 1985 until expended for current fiscal year obligations. (Sec. 708) Makes eligible for economic development and job creation assistance under the Rural Electrification Act in the same manner as a borrower under such Act any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct, or guaranteed loan under such Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act. (Sec. 709) Prohibits, regarding the specialty crop research initiative, funds from being used to prohibit the provision of certain in-kind support from non-federal sources. (Sec. 710) Makes unobligated balances for salaries and expenses for the Farm Service Agency and the Rural Development mission area under this Act available for information technology expenses through September 30, 2015. (Sec. 711) Authorizes the Secretary to permit a state agency to use funds provided in this Act to exceed a specified maximum amount of liquid infant formula when issuing liquid infant formula to participants. (Sec. 712) Prohibits first-class travel by employees of agencies funded under this Act. (Sec. 713) States that with regard to certain programs established or amended by the Food, Conservation, and Energy Act of 2008 to be carried out using CCC funds: (1) such funds shall be available for salaries and administrative expenses without regard to certain allotment and fund transfer limits, and (2) the use of such funds shall not be considered to be a fund transfer or allotment for purposes of applying such limits. (Sec. 714) Limits funds made available in FY2013 or preceding fiscal years under P.L. 480 to reimburse the CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act. (Sec. 715) Limits funds available for USDA advisory committees, panels, commissions, and task forces. (Sec. 716) Prohibits funds under this Act from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30% of total federal funds provided under each award. (Sec. 717) Authorizes the Secretary to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority. Requires congressional notification prior to implementing any such increase. (Sec. 718) Prohibits the use of funds for the watershed rehabilitation program. Limits the use of funds for: (1) the environmental quality incentives program, (2) the wildlife habitat incentives program, and (3) the agricultural management assistance program. (Sec. 719) Limits FY2014 funds for the following domestic food assistance categories under the Act of August 24, 1935: (1) child nutrition program entitlement commodities, (2) state option contracts, and (3) defective commodity removal. Limits funds for the fresh fruit and vegetable program until October 1, 2014. Rescinds specified unobligated balances available in FY2014 for domestic food assistance. (Sec. 720) Prohibits the use of funds for user fee proposals that fail to provide certain budget impact information. (Sec. 721) Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds to: (1) eliminate or create a new program, (2) relocate or reorganize an office or employees, (3) privatize federal employee functions, or (4) increase funds or personnel for any project for which funds have been denied or restricted. Prohibits, without congressional notification, funds available under this Act or under previous appropriations Acts from being used through a reprogramming of funds in excess of $500,000 or 10%, whichever is less: (1) to augment an existing program, (2) to reduce by 10% funding or personnel for any existing program, or (3) that results from a reduction in personnel which would result in a change in existing programs. (Sec. 722) Authorizes the Secretary to assess a one-time fee for any guaranteed business and industry loan that does not exceed 3% of the guaranteed principal portion of the loan. (Sec. 723) Prohibits USDA or FDA funds from being used to transmit to any non-USDA or non-Department of Health and Human Services (HHS) employee questions or responses to questions that are a result of information requested for the appropriations hearing process. (Sec. 724) Prohibits the use of funds under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity. (Sec. 725) Requires USDA agencies to reimburse each other for employees detailed for longer than 30 days. (Sec. 726) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers. (Sec. 727) Appropriates funds for a pilot program to demonstrate the use of new technologies that increase the rate of growth of re-forested hardwood trees on private nonindustrial forests lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005. (Sec. 728) Directs the Secretary, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration to submit to Congress a spending plan by program, project, and activity for the funds made available under this Act. (Sec. 729) Rescinds specified funds from unobligated balances available to the Department under the "Agriculture Buildings and Facilities and Rental Payments" account. (Sec. 730) Makes any area eligible for rural housing programs on September 30, 2013, eligible for such programs until September 30, 2014. (Sec. 731) Authorizes funds received by the Secretary in the global settlement of any federal litigation concerning federal mortgage loans during FY2012 to be obligated and expended by the Rural Housing Service for costs associated with servicing single family housing loans guaranteed by the Service. (Sec. 732) Authorizes the Secretary to charge lenders a fee (up to $50 per loan) to access USDA loan guarantee systems in connection with such lenders' participation in Rural Housing Service loan guarantee programs. (Sec. 733) Appropriates funds to implement non-renewable agreements for flooded agricultural lands. (Sec. 734) Requires FDA to submit quarterly reports to the Inspector General of the Department of Health and Human Services regarding the costs and contracting procedures for each FY2014 conference that cost the U.S. government more than $20,000. (Sec. 735) Designates the federal building located at 64 Nowelo Street, Hilo, Hawaii, as the Daniel K. Inouye United States Pacific Basin Agricultural Research Center. (Sec. 736) Prohibits funds under this Act from being used to inspect horses for slaughter purposes. | 113 S1244 PCS: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 100 113th CONGRESS 1st Session S. 1244 [Report No. 113–46] IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Pryor Committee on Appropriations A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2014, and for other purposes, namely: I AGRICULTURAL PROGRAMS Production, Processing and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $44,148,000, of which not to exceed $5,086,000 shall be available for the immediate Office of the Secretary; not to exceed $502,000 shall be available for the Office of Tribal Relations; not to exceed $1,507,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,217,000 shall be available for the Office of Advocacy and Outreach; not to exceed $23,802,000 shall be available for the Office of the Assistant Secretary for Administration, of which $22,993,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,897,000 shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $8,137,000 shall be available for the Office of Communications: Provided Provided further Provided further Provided further Provided further Provided further Executive operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $16,854,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155 and shall be obligated within 90 days of the enactment of this Act. national appeals division For necessary expenses of the National Appeals Division, $12,940,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $9,129,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $44,159,000. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $6,243,000: Provided Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $898,000. Office of civil rights For necessary expenses of the Office of Civil Rights, $21,550,000. Agriculture buildings and facilities and rental payments (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92–313 40 U.S.C. 486 Provided Provided further Hazardous materials management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq. Provided Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $89,902,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98. Office of the general counsel For necessary expenses of the Office of the General Counsel, $47,304,000, of which $3,451,000 is for the Office of Ethics. Office of the under secretary for research, education and economics For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $898,000. Economic research service For necessary expenses of the Economic Research Service, $78,506,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $162,133,000, of which up to $44,545,000 shall be available until expended for the Census of Agriculture. Agricultural research service Salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,123,150,000: Provided Provided further Provided further Provided further Provided further 21 U.S.C. 113a Provided further, Provided further National institute of food and agriculture Research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $772,794,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Research and Education Activities” in the report accompanying this Act: Provided Provided further, Provided further, Provided further, Hispanic-serving agricultural colleges and universities endowment fund For the Hispanic-Serving Agricultural Colleges and Universities Endowment Fund under section 1456(b) (7 U.S.C. 3243(b)) of the National Agricultural Research, Extension and Teaching Policy Act of 1977, $10,000,000, to remain available until expended. Native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 7 U.S.C. 301 Extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $469,399,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Extension Activities” in the report accompanying this Act: Provided Provided further, Provided further 7 U.S.C. 343(b) Public Law 93–471 Integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $35,317,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Integrated Activities” in the report accompanying this Act: Provided Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $898,000. Animal and plant health inspection service Salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 contingency fund 15 U.S.C. 1831 Provided Provided further Provided further, Provided further Provided further Provided further 7 U.S.C. 2250 In fiscal year 2014, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 7 U.S.C. 428a Agricultural marketing service Marketing services For necessary expenses of the Agricultural Marketing Service, $82,792,000: Provided 7 U.S.C. 2250 Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). Limitation on administrative expenses Not to exceed $60,435,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided Funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c Payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) Grain inspection, packers and stockyards administration Salaries and expenses For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $40,531,000: Provided 7 U.S.C. 2250 Limitation on inspection and weighing services expenses Not to exceed $50,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $816,000. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 7 U.S.C. 138f Provided Provided further Provided further Public Law 110–246 Provided further 7 U.S.C. 2250 Office of the under secretary for farm and foreign agricultural services For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $898,000. Farm service agency Salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,176,460,000: Provided Provided further Provided further State mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 Grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 Dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided Public Law 106–387 Agricultural Credit Insurance Fund Program Account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating ( 7 U.S.C. 1941 et seq. 25 U.S.C. 488 7 U.S.C. 1989 7 U.S.C. 1924 et seq. 25 U.S.C. 488 Provided For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership, $4,428,000 for direct loans; farm operating loans, $67,058,000 for direct operating loans, $18,300,000 for unsubsidized guaranteed operating loans, emergency loans, $1,698,000, to remain available until expended; and Indian highly fractionated land loans, $68,000. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $314,918,000, of which $306,998,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided Risk management agency For necessary expenses of the Risk Management Agency, $71,496,000: Provided Provided further, Corporations The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 Commodity credit corporation fund Reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 Provided 15 U.S.C. 714i Hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) II Conservation programs Office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $898,000. Natural resources conservation service Conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $818,376,000, to remain available until September 30, 2015: Provided Provided further III Rural development programs Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $898,000. Rural development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $204,695,000: Provided Provided further Rural housing service Rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $900,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $26,280,000 for section 504 housing repair loans; $28,432,000 for section 515 rental housing; $150,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $24,480,000 shall be for direct loans; section 504 housing repair loans, $2,176,000; and repair, rehabilitation, and new construction of section 515 rental housing, $6,656,000: Provided 2 U.S.C. 661 et seq. Provided further 42 U.S.C. 1490q Provided further, Provided further Provided further In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $13,992,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $417,692,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,015,050,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided Provided further Provided further Provided further Multi-family housing revitalization program account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $32,575,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain available until expended: Provided Provided further Rural housing assistance grants For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 Provided Provided further Rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $1,500,000,000 for direct loans and $59,543,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,775,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $28,733,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Public Law 106–387 Provided further Provided further, Provided further Provided further Rural business—Cooperative service Rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B and described in subsections (f) and (g) of section 310B and section 381E(d)(3) of the Consolidated Farm and Rural Development Act, $98,539,000, to remain available until expended: Provided 7 U.S.C. 2009aa et seq. Provided further Provided further, Provided further Provided further Rural development loan fund program account (including transfer of funds) For the principal amount of direct loans, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) For the cost of direct loans, $4,082,000, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) Public Law 100–460 Provided Provided further, Provided further In addition, for administrative expenses to carry out the direct loan programs, $4,467,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rural economic development loans program account (including rescission of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $180,000,000 shall not be obligated and $180,000,000 are rescinded. Rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 Provided Rural microenterprise investment program account For the cost of direct loans, $1,405,000, under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s Provided Rural energy for america program For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $4,000,000: Provided Rural utilities service Rural water and waste disposal program account (including transfers of funds) For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $455,000,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided Provided further Public Law 105–83 Provided further Public Law 105–83 Provided further Provided further Provided further Provided further, Provided further Provided further 7 U.S.C. 918a Provided further 7 U.S.C. 918a Provided further For gross obligations for the principal amount of direct loans as authorized by section 1006a section 1002 Provided Provided further, Public Law 83–566 Provided further, Rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made pursuant to section 306 of that Act, rural electric, $5,000,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; cost of money rural telecommunications loans, $690,000,000: Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $34,694,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Distance learning, telemedicine, and broadband program For the principal amount of broadband telecommunication loans, $30,651,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. Provided Provided further Provided further For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,000,000, to remain available until expended: Provided In addition, $10,372,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. IV Domestic food programs Office of the under secretary for food, nutrition and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $816,000. Food and nutrition service Child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $20,487,229,000, to remain available through September 30, 2015, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided Provided further, Special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 Provided 42 U.S.C. 1786(h)(10) Provided further Provided further Provided further Supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. Provided Provided further Provided further Provided further Provided further Provided further Commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 Provided Provided further Provided further 7 U.S.C. 2036(a) Provided further Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $146,592,000: Provided Public Law 107–171 Public Law 110–246 V Foreign assistance and related programs Foreign agricultural service Salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $178,826,000: Provided 7 U.S.C. 1737 Provided further Food for peace title i direct credit and food for progress program account (including transfers of funds) For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83–480) and the Food for Progress Act of 1985, $2,730,000, shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses Provided Food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83–480, as amended), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,466,000,000, to remain available until expended: Provided Provided further Provided further Mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 Provided Commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $6,748,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,394,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses Farm Service Agency, Salaries and Expenses VI Related agency and food and drug administration Department of health and human services Food and drug administration Salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 Public Law 107–188 Provided 21 U.S.C. 379h 21 U.S.C. 379j 21 U.S.C. 379j–42 21 U.S.C. 379j–52 21 U.S.C. 379j–12 21 U.S.C. 379j–21 21 U.S.C. 387s 21 U.S.C. 379j–31 21 U.S.C. 379j–31 Provided further Provided further Provided further Provided further Provided further Provided further Provided further In addition, mammography user fees authorized by 42 U.S.C. 263b 21 U.S.C. 381 Buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $11,000,000, to remain available until expended. Independent agency Farm credit administration Limitation on administrative expenses Not to exceed $63,300,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 69 passenger motor vehicles of which 69 shall be for replacement only, and for the hire of such vehicles: Provided 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances of the Department of Agriculture that are remaining available at the end of the fiscal year, to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided Provided further 707. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) 708. Hereafter, notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 709. Notwithstanding any other provision of law, for the purposes of a grant under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998, none of the funds in this or any other Act may be used to prohibit the provision of in-kind support from non-Federal sources under section 412(e)(3) of such Act in the form of unrecovered indirect costs not otherwise charged against the grant, consistent with the indirect rate of cost approved for a recipient. 710. Except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2015, for information technology expenses. 711. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 CFR 246.10 when issuing liquid infant formula to participants. 712. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 713. In the case of each program established or amended by the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 714. None of the funds made available in fiscal year 2013 or preceding fiscal years for programs authorized under the Food for Peace Act ( 7 U.S.C. 1691 et seq. Provided 715. Of the funds made available by this Act, not more than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 716. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided 7 U.S.C. 3310 15 U.S.C. 638 717. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided 718. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following: (1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(1) (2) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,350,000,000; (3) The Wildlife Habitat Incentives Act authorized by section 1240N of the Food Security Act of 1985, as amended (16 U.S.C. 3839bb–1)) in excess of $70,000,000; and (4) Agricultural Management Assistance Program as authorized by section 524 of the Federal Crop Insurance Act, as amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural Resources Conservation Service. 719. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(vi) of section 14222 of Public Law 110–246 Provided Provided further Public Law 110–246 Provided further Public Law 74–320 7 U.S.C. 612c Provided further Public Law 110–246 720. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2015 appropriations Act. 721. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 Public Law 89–106 7 U.S.C. 2263 (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 722. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) 723. None of the funds appropriated or otherwise made available to the Department of Agriculture or the Food and Drug Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of Health and Human Services employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 724. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 725. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 726. There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110–246. 727. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55 728. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan by program, project, and activity for the funds made available under this Act. 729. Of the unobligated balances for buildings operations and maintenance expenses within Agriculture Buildings and Facilities and Rental Payments, $30,000,000 are rescinded: Provided 730. Notwithstanding any other provision of law, any area eligible for rural housing programs of the Rural Housing Service on September 30, 2013, shall remain eligible for such programs until September 30, 2014. 731. Funds received by the Secretary of Agriculture in the global settlement of any Federal litigation concerning Federal mortgage loans during fiscal year 2012 may be obligated and expended, in addition to any other available funds, by the Rural Housing Service to pay for costs associated with servicing single family housing loans guaranteed by the Rural Housing Service and such funds shall remain available until expended. 732. Hereafter, the Secretary may charge a fee for lenders to access Department loan guarantee systems in connection with such lenders’ participation in loan guarantee programs of the Rural Housing Service: Provided Provided further 733. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310 16 U.S.C. 1301–1311 734. (a) The Secretary of Agriculture and the Commissioner of the Food and Drug Administration shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such Department, agency, board, commission, or office during fiscal year 2014 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2014 for which the cost to the United States Government was more than $20,000, the head of any such Department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 735. (a) Designation The Federal building located at 64 Nowelo Street, Hilo, Hawaii, shall be known and designated as the Daniel K. Inouye United States Pacific Basin Agricultural Research Center (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Daniel K. Inouye United States Pacific Basin Agricultural Research Center 736. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to— (1) inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 (2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 Public Law 104–127 (3) implement or enforce section 352.19 of title 9, Code of Federal Regulations. This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 June 27, 2013 Read twice and placed on the calendar | Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014 |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Energy and Water Development and Related Agencies Appropriations Act, 2014 - Makes appropriations for energy and water development and related agencies for FY 2014. Title I: Corps Of Engineers-Civil - Makes appropriations for FY2014 to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination; (4) flood control and coastal emergencies, including hurricanes and other natural disasters; and (5) the Office of Assistant Secretary of the Army for Civil Works. (Sec. 101) Prohibits funds provided either in this Act or by previous appropriations Acts from remaining available for obligation or expenditure in FY2014 through a reprogramming that would: (1) either create, initiate, or eliminate a new program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act without prior approval from congressional committees on appropriations; (3) propose to use for a different purpose any funds directed for a specific activity, without prior approval from such committees; or (4) augment or reduce existing programs, projects, or activities in excess of specified amounts without prior approval from such committees. Permits reprogramming under specified conditions for: (1) general investigations, (2) general construction, and (3) operation and maintenance (including the Mississippi River and Tributaries, and formerly utilized sites remedial action program). Discourages submission to the congressional appropriations committees of any reprogramming for less than $50,000 (de minimus reprogrammings). Exempts from the general prohibition against reprogramming any project or activity funded under the continuing authorities program. Directs the Corps of Engineers to report to the congressional appropriations committees a baseline for application of reprogramming and transfer authorities for the current fiscal year. (Sec. 102) Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund before enactment of a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986. (Sec. 103) Authorizes the Secretary of the Army (Secretary in this title) to implement measures recommended in a specified efficacy study, with appropriate modifications or emergency measures, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. (Sec. 104) Authorizes the Secretary to transfer specified sums to the Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects. (Sec. 105) Amends the Water Resources Development Act of 1988 to increase to $2.918 billion the authorized federal cost of the navigation project for the Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky. (Sec. 106) Terminates the authorization for: (1) a navigation project consisting of a 4-foot channel located at the entrance to the harbor at Ipswich Harbor, Ipswich River, Massachusetts; (2) a specified portion of the project for navigation, Chicago Harbor, Illinois; and (3) a specified portion of the project for navigation, Warwick Cove, Rhode Island. (Sec. 109) Modifies the project for flood control, Little Calumet River, Indiana, to authorize the Secretary to implement the project at a specified total cost, with specified estimated federal and non-federal costs. (Sec. 110) Authorizes the Secretary to carry over credits in excess of the Non-Federal Sponsor's share of the total project cost between the C-111 South Dade project and the Kissimmee River project in Florida. Amends the Water Resources Development Act of 1992 to combine into a single authorized total project cost two current authorized Kissimmee River project costs for ecosystem restoration and headwaters revitalization projects. (Sec. 111) Increases the authorized costs of the navigation project, Miami Harbor, Miami-Dade County, Florida. (Sec. 112) Requires the Cape Arundel Disposal Site (Maine), selected by the Department of the Army as an alternative dredged material disposal site, to remain open until the remaining disposal capacity of the site has been utilized, or until completion of an Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site for southern Maine, whichever first occurs, provided that the site conditions remain suitable for such purpose and that the site may not be used for disposal of more than 80,000 cubic yards from any single dredging project. (Sec. 113) Requires the Little Rock District to be a full service district and prohibits funds from being used towards efforts that would reduce the expertise or personnel needed to plan and implement programs, projects, or activities executed by the Little Rock District. (Sec. 114) Prohibits funds specified for the Corps of Engineers from being used to relocate or consolidate general and administrative functions in the Chicago District of the Corps of Engineers. Title II: Department Of The Interior - Makes FY2014 appropriations to the Department of the Interior for: (1) the Bureau of Reclamation, including water and related natural resources; (2) the Central Valley Project Restoration Fund; (3) California Bay-Delta Restoration; (4) the Central Utah Project; and (5) administrative expenses in the Office of the Commissioner (the Denver office). (Sec. 201) Prohibits the availability of funds for obligation or expenditure through a reprogramming that would: (1) create or initiate a new program, project, or activity; (2) eliminate an existing program, project, or activity; (3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act without prior approval from congressional appropriations committees; or (4) restart or resume any program, project or activity for which funds are either not provided in this Act, or for which funds are transferred in excess of specified limits without prior approval from such appropriations committees. Prohibits the availability of funds, without prior approval from such committees, for any reprogramming that transfers funds in excess of: (1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or (2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year. Extends the same prohibition, without prior approval from such committees, for any reprogramming that transfers more than: (1) $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or (2) $5 million to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments when necessary to discharge legal obligations of the Bureau of Reclamation. (Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the state of California have developed a plan which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA) to minimize any detrimental effect of the San Luis drainage waters. Directs the Secretary of the Interior to classify as reimbursable or nonreimbursable and collected until fully repaid the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program pursuant to specified alternative repayment plans. Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of such service or studies. (Sec. 203) Authorizes the Secretary of the Interior to participate in non-federal groundwater banking programs in California, including making payments for: (1) the storage of Central Valley Project water supplies, (2) the purchase of stored water, (3) the purchase of shares or an interest in ground banking facilities, or (4) the use of Central Valley Project water as a medium of payment for groundwater banking services. (Sec. 204) Deems a specified transfer of irrigation water among specified Central Valley Project contractors to meet certain conditions in the Reclamation Projects Authorization and Adjustment Act of 1992. Authorizes the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation, to initiate and complete programmatic environmental compliance in order to facilitate voluntary water transfers within the Central Valley Project. Directs the Commissioner of the Bureau of Reclamation to report quadriennially to certain congressional committees on: (1) the status of efforts to facilitate and improve water transfers within the Central Valley Project, and water transfers between the Central Valley Project and other water projects in California; (2) an evaluation of potential effects of this Act upon federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and (3) recommended ways to facilitate and improve the process for such transfers. (Sec. 205) Amends the Reclamation States Emergency Drought Relief Act of 1991 to extend its authorities and increase appropriations through FY2017. (Sec. 206) Amends the Calfed Bay-Delta Authorization Act to extend through FY2018 the Calfed Bay-Delta program and the authorization of appropriations. (Sec. 207) Amends the Secure Water Act of 2009 to increase to $250 million the authorization of appropriations for the water management improvement grant program. (Sec. 208) Amends the Water Desalination Act of 1996 to extend through FY2018 the authorization of appropriations for desalination demonstration and development. (Sec. 209) Authorizes the Secretary of the Interior to partner with, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed by irrigation districts, other local water districts, and local governments, to advance congressionally authorized planning and feasibility studies for water storage projects. (Sec. 210) Amends the San Joaquin River Restoration Settlement Act to move back from October 1, 2019, to October 1, 2014, the date when all funds in the San Joaquin River Restoration Fund shall be available for expenditure for up to $40 million on an annual basis without further appropriation. (Sec. 211) Amends the Central Utah Project Completion Act of 1992 to repeal the prohibition that does not allow the Secretary of the Interior to delegate to the Bureau of Reclamation responsibilities for the Colorado River Storage Project. (Sec. 212) Amends the Fort Peck Reservation Rural Water System Act of 2000 to extend to through FY2020 the authorization of appropriations for planning, design, and construction of: (1) the Assiniboine and Sioux Rural Water System, and (2) the Dry Prairie Rural Water System. Title III: Department Of Energy - Makes appropriations for FY2014 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy, (2) electricity delivery and energy reliability, (3) nuclear energy, (4) fossil energy research and development, (5) naval petroleum and oil shale reserves, (6) the Strategic Petroleum Reserve (SPR), (7) the Northeast Home Heating Oil Reserve, (8) the Energy Information Administration, (9) non-defense environmental cleanup, (10) the Uranium Enrichment Decontamination and Decommissioning Fund, (11) science activities, (12) the Advanced Research Projects Agency-Energy (ARPA-E), (13) the Title 17 Innovative Technology Loan Guarantee Loan Program, (14) the Advanced Technology Vehicles Manufacturing Loan Program, (15) departmental administration, (16) the Office of the Inspector General, (17) the National Nuclear Security Administration (NNSA) and atomic energy defense weapons activities, (18) defense nuclear nonproliferation activities, (19) naval reactors activities, (20) Office of the NNSA Administrator, (21) atomic energy defense environmental cleanup, and (22) other defense activities including plant and capital expenses for atomic energy defense and classified activities. Approves expenditures from the Bonneville Power Administration Fund for high voltage line construction to specified service areas. Prohibits any new direct loan obligations from the Fund during FY2014. Makes FY2014 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration, including construction and rehabilitation; (4) the Falcon and Amistad Dams Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC). (Sec. 301) Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for in this Act. (Sec. 302) Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2014 until enactment of the Intelligence Authorization Act for FY 2014. (Sec. 303) Prohibits: (1) the transfer of funds that exceed 5% or $100,000, whichever is less, between appropriations for DOE activities in this Act or subsequent Energy and Water Development and Related Agencies Appropriations Acts; and (2) the increase or decrease by more than 5% by such transfers. Requires any such proposed transfers to be submitted promptly to the congressional appropriations committees. (Sec. 304) Prohibits the use of funds to: (1) construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure compliance with nuclear safety requirements; or (2) approve a Critical Decision-2 or Critical Decision-3 under a specified DOE Order for construction projects where the total project cost exceeds $100 million, until a separate independent cost estimate has been developed. (Sec. 306) Restricts to a maximum period of two calendar years the validity of any DOE determination that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry. Requires the Secretary of Energy (Secretary in this title) to report to congressional appropriations committees 30 days before the provision of uranium in any form: (1) the amount of uranium involved and the expected provision date, (2) an estimate of its gross market value on the transaction date, (3) the value of the services DOE expects to receive in exchange for the uranium, and (4) the recipient of the uranium. Requires DOE to report to congressional appropriations committees regarding a revised excess uranium inventory management plan for FY2015-FY2019. (Sec. 307) Amends the Continuing Appropriations Resolution, 2007 to change from annual to once every three years the mandatory review by Comptroller General (GAO) of DOE's execution of the program of Incentives for Innovative Technologies under the Energy Policy Act of 2005, consisting of guarantees for certain projects, including gasification and liquefaction projects, that: (1) avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and (2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued. (Sec. 308) Authorizes the Secretary to appoint for up to 4 years exceptionally well-qualified individuals to as many as 120 scientific, engineering, or other critical technical positions, without regard to specified requirements. (Sec. 309) Authorizes the Secretary to conduct a pilot program through private sector partners to license, construct, and operate government or privately owned consolidated storage facilities to provide interim storage for spent nuclear fuel and high-level radioactive waste, with priority given to spent nuclear fuel located on sites without an operating nuclear reactor. Directs the Secretary to issue a request for proposals for cooperative agreements to: (1) obtain any license necessary from the Nuclear Regulatory Commission (NRC) for the construction of consolidated storage facilities, (2) demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, and (3) demonstrate safe storage of spent nuclear fuel and high-level radioactive waste at consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. Authorizes DOE to make expenditures from the Nuclear Waste Fund to implement the pilot program, subject to appropriations. (Sec. 310) Amends the Energy Independence and Security Act to repeal the requirement that DOE make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time. (Sec. 311) Amends the Department of Energy Organization Act to change to once every four years the surveys the Administrator of the Energy Information Administration is required to conduct regarding: (1) energy consumption in U.S. manufacturing industries (currently every two years), and (2) residential and commercial energy use (currently every three years). (Sec. 312) Authorizes DOE to use appropriated funds to study possible conversion to contractor performance of functions performed by federal employees at the New Brunswick Laboratory. (Sec. 313) Reduces by $7 million funds appropriated in this Act for non-defense programs in order to reflect savings from limiting foreign travel for DOE contractors. (Sec. 314) Declares that first tier subcontracts awarded by Management and Operating contractors sponsored by DOE to small business concerns, small businesses concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women shall be considered toward the annually established agency and government-wide goals for small business participation in procurement contracts awarded. (Sec. 315) Establishes an independent Commission to Review the Effectiveness of the National Energy Laboratories. (Sec. 316) Requires that the Senate Committee on Appropriations receive a 30-day advance notification of at-risk award fees for Management and Operating contractors that result in award term extensions, including a detailed explanation of any waiver or adjustment made to such extensions by the NNSA's Fee Determining Official. Title IV: Independent Agencies - Makes FY2014 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Northern Border Regional Commission; (6) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (7) the Nuclear Waste Technical Review Board; and (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. (Sec. 401) Authorizes the Denali Commission to use for administrative expenses certain amounts transferred pursuant to the Department of Transportation and Related Agencies Appropriations Act, 1999. Title V: General Provisions - (Sec. 501) Prohibits funds appropriated by this Act from being: (1) used to influence congressional action on legislation or appropriation pending before Congress, or (2) transferred to any federal department, agency, or instrumentality, except pursuant to an appropriation act. (Sec. 503) Requires the head of any executive branch department, agency, board, commission, or office (entity) funded under this Act to: (1) report annually to its Inspector General or senior ethics official the costs and contracting procedures related to each conference held by the entity during FY2014 for which the cost to the federal government exceeded $100,000, and (2) notify such officials, within 15 days, of the date, location, and number of employees attending a conference funded by this Act during FY2014 whose cost to the federal government exceeds $20,000. Prohibits the use of funds made available in this Act for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012. | 113 S1245 PCS: Energy and Water Development and Related Agencies Appropriations Act, 2014 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 101 113th CONGRESS 1st Session S. 1245 [Report No. 113–47] IN THE SENATE OF THE UNITED STATES June 27, 2013 Mrs. Feinstein Committee on Appropriations A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2014, and for other purposes, namely: I Corps of engineers—civil Department of the army Corps of engineers—civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. General Investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration, projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $120,000,000, to remain available until expended. Construction, general For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $1,542,000,000, to remain available until expended; of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303 Provided Mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $300,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund. Operation and maintenance For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $2,700,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)), as amended, shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; and of which such sums as become available from fees collected under section 217 of Public Law 104–303 Provided Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000, to remain available until September 30, 2015. Formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $195,000,000, to remain available until expended. Flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $28,000,000, to remain available until expended. General Expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $182,000,000, to remain available until September 30, 2015, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided Provided further Office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3) Administrative provision The Revolving Fund, Corps of Engineers, shall be available during the current fiscal year for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles for the civil works program. General provisions—corps of engineers—civil (including transfers of funds) 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2014, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the House and Senate Committees on Appropriations; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the House and Senate Committees on Appropriations; (5) augments or reduces existing programs, projects or activities in excess of the amounts contained in subsections 6 through 10, unless prior approval is received from the House and Senate Committees on Appropriations; (6) General Investigations For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided Provided further (7) Construction, General For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided Provided further Provided further (8) Operation and maintenance Unlimited reprogramming authority is granted in order for the Corps to be able to respond to emergencies: Provided Provided further Provided further Provided further (9) Mississippi river and tributaries The same reprogramming guidelines for the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account as listed above; and (10) Formerly utilized sites remedial action program Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De Minimus Reprogrammings In no case should a reprogramming for less than $50,000 be submitted to the House and Senate Committees on Appropriations. (c) Continuing Authorities Program Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Corps of Engineers shall submit a report to the House and Senate Committees on Appropriations to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and. (3) An identification of items of special congressional interest. 102. None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development, shall be used to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund unless or until such time that a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986 ( Public Law 99–662 103. During the fiscal year period covered by this Act, the Secretary of the Army is authorized to implement measures recommended in the efficacy study authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121) or in interim reports, with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $4,600,000 of funds provided in this title under the heading Operation and Maintenance 105. Section 3(a)(6) of Public Law 100–676 $775,000,000 $2,918,000,000 106. That portion of the project for navigation, Ipswich River, Massachusetts adopted by the Rivers and Harbor Act of August 5, 1886 consisting of a 4-foot channel located at the entrance to the harbor at Ipswich Harbor, lying northwesterly of a line commencing at: N3074938.09, E837154.87, thence running easterly about 60 feet to a point with coordinates N3074972.62, E837203.93, is no longer authorized as a Federal project after the date of enactment of this Act. 107. That portion of the project of navigation, Chicago Harbor, Illinois, authorized by the River and Harbor Acts of March 3, 1899 and March 2, 1919, and that begins at the southwest corner of the Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock and that continues north for approximately 290 feet, thence east approximately 1,000 feet, then south approximately 290 feet, thence west approximately 1,000 feet to the point of beginning shall no longer be authorized as a Federal project after the date of enactment of this Act. 108. Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Warwick Cove, Rhode Island, authorized by section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 109. The project for flood control, Little Calumet River, Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 ( Public Law 99–662 110. (a) The Secretary is authorized to carry over credits in excess of the Non-Federal Sponsor's share of total project cost between the C–111 South Dade project, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176) and modified by section 203 of the Flood Control Act of 1968 (82 Stat. 740–741) and section 316 of the Water Resources Development Act of 1996 (110 Stat. 3715), and the Kissimmee River project, authorized in section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802). Nothing in this subsection affects the authorized cost sharing of these projects. (b) Section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802) is amended to combine the two current authorized total project costs for the ecosystem restoration and headwaters revitalization projects into a single authorized total project cost— (1) By striking at a total cost of $426,885,000, with an estimated Federal cost of $139,943,000 and an estimated non-Federal cost of $286,942,000. The Secretary is further authorized to construct and (2) By striking , at a total cost of $92,210,000, with an estimated Federal cost of $46,105,000 and an estimated non-Federal cost of $46,105,000. . The total cost of the ecosystem restoration and headwaters revitalization projects is $519,095,000, with an estimated Federal cost of $186,048,000 and an estimated non-Federal cost of $333,047,000. (c) The amendment made by subsection (b) is effective October 31, 1992. 111. (a) Section 1001(17)(A) of Public Law 110–114 (1) by striking $125,270,000 $152,510,000 (2) by striking $75,140,000 $92,007,000 (3) by striking $50,130,000 $60,503,000 (b) The amendments made by subsection (a) shall take effect as of November 8, 2007. 112. The Cape Arundel Disposal Site in the State of Maine selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection Research and Sanctuaries Act of 1972, as amended, shall remain open until the remaining disposal capacity of the site has been utilized, or until completion of an Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site for southern Maine under section 102(c) of the Marine Protection Research and Sanctuaries Act of 1972, as amended, whichever first occurs, provided that the site conditions remain suitable for such purpose and that the site may not be used for disposal of more than 80,000 cubic yards from any single dredging project. 113. In accordance with Public Law 99–173 114. None of the funds provided in title I of this Act or prior Acts providing funding for the Corps of Engineers, shall be used to relocate or consolidate general and administrative functions in the Chicago District of the Corps of Engineers. II Department of the interior Bureau of reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: Water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $945,796,000, to remain available until expended, of which $28,000 shall be available for transfer to the Upper Colorado River Basin Fund and $8,401,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided Provided further Provided further Provided further Provided further Central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $53,288,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575 Provided Provided further California bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act ( Public Law 108–361 Provided Provided further Central utah project completion For carrying out activities authorized by the Central Utah Project Completion Act, $2,200,000, to remain available until expended, of which $1,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission. For an additional amount, $1,300,000, to remain available until September 30, 2015, is provided for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior. For fiscal year 2014, the Commission may use an amount not to exceed $1,500,000 for administrative expenses. Policy and administration For necessary expenses of policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until September 30, 2015, $60,000,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided Administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed five passenger motor vehicles, which are for replacement only. General provisions—department of the interior 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2014, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $300,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer (d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program-Alternative Repayment Plan SJVDP-Alternative Repayment Plan Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 203. The Secretary of the Interior may hereafter participate in non-Federal groundwater banking programs to increase the operational flexibility, reliability, and efficient use of water in the State of California, and this participation may include making payment for the storage of Central Valley Project water supplies, the purchase of stored water, the purchase of shares or an interest in ground banking facilities, or the use of Central Valley Project water as a medium of payment for groundwater banking services: Provided Provided further Provided further 42 U.S.C. 4321 et seq. 204. (a) Subject to compliance with all applicable Federal and State laws, a transfer of irrigation water among Central Valley Project contractors from the Friant, San Felipe, West San Joaquin, and Delta divisions, and a transfer from a long-term Friant Division water service or repayment contractor to a temporary or prior temporary service contractors within the place of use in existence on the date of the transfer, as identified in the Bureau of Reclamation water rights permits for the Friant Division, shall hereafter be considered to meet the conditions described in subparagraphs (A) and (I) of section 3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 (b) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation shall initiate and complete, on the most expedited basis practicable, programmatic environmental compliance so as to facilitate voluntary water transfers within the Central Valley Project, consistent with all applicable Federal and State law. (c) Not later than 180 days after the date of enactment of this Act and each of the 4 years thereafter, the Commissioner of the Bureau of Reclamation shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report that describes the status of efforts to help facilitate and improve the water transfers within the Central Valley Project and water transfers between the Central Valley Project and other water projects in the State of California; evaluates potential effects of this Act on Federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and provides recommendations on ways to facilitate and improve the process for these transfers. 205. (a) Termination of Authority Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) 2012 2017 (b) Authorization of Appropriations Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 (1) by striking 90,000,000 $110,000,000 (2) by striking 2012 2017 206. Title I of Public Law 108–361 Public Law 111–85 2014 2018 207. Section 9504(e) of the Secure Water Act of 2009 ( 42 U.S.C. 10364(e) $200,000,000 $250,000,000 208. Section 8 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 Public Law 104–298 (1) in subsection (a), in the first sentence, by striking 2013 2018 (2) in subsection (b), by striking 2012 through 2013 2014 through 2018 209. The Secretary may hereafter partner, provide a grant to, or enter into a cooperative agreement with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments, to advance planning and feasibility studies authorized by Congress for water storage project: Provided Provided further Provided further Provided further 210. Section 10009(c)(2) of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 October 1, 2019, all funds in the Fund shall be available for expenditure without further appropriation. October 1, 2014, all funds in the Fund shall be available for expenditure on an annual basis in an amount not to exceed $40,000,000 without further appropriation. 211. Section 201(e) of the Central Utah Project Completion Act of 1992 ( Public Law 102–575 and may not delegate ratemaking 212. Section 9 of the Fort Peck Reservation Rural Water System Act of 2000 ( Public Law 106–382 2015 2020 III Department of energy Energy programs Energy efficiency and renewable energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further 50 U.S.C. App. 2061 Provided further Electricity delivery and energy reliability For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Nuclear energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Fossil energy research and development For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs ( 30 U.S.C. 3 Provided Provided further Naval petroleum and oil shale reserves For expenses necessary to carry out naval petroleum and oil shale reserve activities, $20,000,000, to remain available until expended: Provided Strategic petroleum reserve For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended ( 42 U.S.C. 6201 et seq. Northeast home heating oil reserve For necessary expenses for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act, $8,000,000, to remain available until expended. Energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $117,000,000, to remain available until expended. Non-defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Uranium enrichment decontamination and decommissioning fund For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $554,823,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further, Advanced research projects agency—energy For necessary expenses in carrying out the activities authorized by section 5012 of the America COMPETES Act ( Public Law 110–69 Provided Title 17 innovative technology loan guarantee program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided Provided further Provided further Advanced technology vehicles manufacturing loan program For administrative expenses in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $6,000,000, to remain available until expended. Departmental administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further Public Law 95–238 Provided further Office of the inspector general For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $42,120,000, to remain available until expended. Atomic energy defense activities National nuclear security administration Weapons activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Provided further Defense nuclear nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Naval reactors For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Office of the administrator For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, including official reception and representation expenses not to exceed $12,000,$397,784,000, to remain available until September 30, 2015. Environmental and other defense activities Defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Other defense activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided Power marketing administration Bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for construction of, or participating in the construction of, a high voltage line from Bonneville's high voltage system to the service areas of requirements customers located within Bonneville's service area in southern Idaho, southern Montana, and western Wyoming; and such line may extend to, and interconnect in, the Pacific Northwest with lines between the Pacific Northwest and the Pacific Southwest, and for John Day Reprogramming and Construction, the Columbia River Basin White Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success Evaluation Research, and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided Operation and maintenance, southeastern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s Provided Provided further Provided further 31 U.S.C. 3302 Provided further Operation and maintenance, southwestern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s Provided 16 U.S.C. 825s Provided further Provided further 31 U.S.C. 3302 Provided further Construction, rehabilitation, operation and maintenance, western area power administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 ( 42 U.S.C. 7152 Provided 16 U.S.C. 825s 43 U.S.C. 392a Provided further Provided further 31 U.S.C. 3302 Provided further Falcon and amistad operating and maintenance fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,330,671, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided 31 U.S.C. 3302 Provided further Provided further Provided further Provided further Federal energy regulatory commission Salaries and expenses For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. 5 U.S.C. 3109 Provided Provided further General provisions—department of energy (including cancellation and transfer of funds) 301. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 303. Not to exceed 5 percent, or $100,000,000, of any appropriation, whichever is less, made available for Department of Energy activities funded in this Act or subsequent Energy and Water Development and Related Agencies Appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise provided, shall be increased or decreased by more than 5 percent by any such transfers, and any such proposed transfers shall be submitted promptly to the Committees on Appropriations of the House and Senate. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Health, Safety, and Security to ensure the project is in compliance with nuclear safety requirements. 305. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 306. (a) Any determination (including a determination made prior to the date of enactment of this Act) by the Secretary pursuant to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321–335), as amended, shall be valid for not more than 2 calendar years subsequent to such determination. (b) Not less than 30 days prior to the provision of uranium in any form the Secretary shall notify the House and Senate Committees on Appropriations of the following: (1) the amount of uranium to be provided; (2) an estimate by the Secretary of the gross fair market value of the uranium on the expected date of the provision of the uranium; (3) the expected date of the provision of the uranium; (4) the recipient of the uranium; and (5) the value the Secretary expects to receive in exchange for the uranium, including any adjustments to the gross fair market value of the uranium. (c) Not later than June 30, 2014, the Secretary shall submit to the House and Senate Committees on Appropriations a revised excess uranium inventory management plan for fiscal years 2015 through 2019. 307. Section 20320 of the Continuing Appropriations Resolution, 2007, Public Law 109–289 Public Law 110–5 an annual review conduct a review every three years 308. (a) In General Subject to subsections (b) through (d), the Secretary may appoint, without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service, exceptionally well qualified individuals to scientific, engineering, or other critical technical positions. (b) Limitations (1) Number of positions The number of critical positions authorized by subsection (a) may not exceed 120 at any one time in the Department. (2) Term The term of an appointment under subsection (a) may not exceed 4 years. (3) Prior employment An individual appointed under subsection (a) shall not have been a Department employee during the 2-year period ending on the date of appointment. (4) Pay (A) In general The Secretary shall have the authority to fix the basic pay of an individual appointed under subsection (a) at a rate to be determined by the Secretary up to level I of the Executive Schedule without regard to the civil service laws. (B) Total annual compensation The total annual compensation for any individual appointed under subsection (a) may not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code. (5) Adverse actions An individual appointed under subsection (a) may not be considered to be an employee for purposes of subchapter II of chapter 75 (c) Requirements (1) In general The Secretary shall ensure that— (A) the exercise of the authority granted under subsection (a) is consistent with the merit principles of section 2301 of title 5, United States Code; and (B) the Department notifies diverse professional associations and institutions of higher education, including those serving the interests of women and racial or ethnic minorities that are underrepresented in scientific, engineering, and mathematical fields, of position openings as appropriate. (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary and the Director of the Office of Personnel Management shall submit to Congress a report on the use of the authority provided under this section that includes, at a minimum, a description or analysis of— (A) the ability to attract exceptionally well qualified scientists, engineers, and technical personnel; (B) the amount of total compensation paid each employee hired under the authority each calendar year; and (C) whether additional safeguards or measures are necessary to carry out the authority and, if so, what action, if any, has been taken to implement the safeguards or measures. (d) Termination of Effectiveness The authority provided by this section terminates effective on the date that is 4 years after the date of enactment of this Act. 309. (a) Definitions In this section: (1) Affected indian tribe The term affected Indian tribe 42 U.S.C. 10101 (2) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (3) Nuclear waste fund The term Nuclear Waste Fund 42 U.S.C. 10222(c) (4) Secretary The term Secretary (5) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (b) Pilot program Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. (c) Requests for proposals Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the 1 or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based approval Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability In executing this section, the Secretary shall comply with— (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot program plan Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes— (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for— (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; and (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public participation Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct 1 or more public hearings in the vicinity of each potential site and in at least 1 other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of nuclear waste fund The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. 310. Section 804 of Public Law 110–140 311. Section 205 of Public Law 95–91 (1) in paragraph (i)(1) by striking once every two years once every four years (2) in paragraph (k)(1) by striking once every three years once every four years 312. Notwithstanding any other provision of law, the Department may use funds appropriated by this title to carry out a study regarding the conversion to contractor performance of any function performed by Federal employees at the New Brunswick Laboratory, pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 313. Of the amounts appropriated for non-defense programs in this title, $7,000,000 are hereby reduced to reflect savings from limiting foreign travel for contractors working for the Department of Energy, consistent with similar savings achieved for Federal employees. The Department shall allocate the reduction among the non-security appropriations made in this title. 314. Section 15(g) of Public Law 85–536 (3) First tier subcontracts that are awarded by Management and Operating contractors sponsored by the Department of Energy to small business concerns, small businesses concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, shall be considered toward the annually established agency and Government-wide goals for procurement contracts awarded. 315. (a) Establishment There is established an independent commission to be known as the Commission to Review the Effectiveness of the National Energy Laboratories. (b) Members (1) The Commission shall be composed of nine members who shall be appointed by the Secretary of Energy not later than January 1, 2014 from among persons nominated by the President’s Council of Advisors on Science and Technology. (2) The President’s Council of Advisors on Science and Technology shall, not later than November 15, 2013, nominate not less than 18 persons for appointment to the Commission from among persons who meet qualification described in subparagraph (3). (3) Each person nominated for appointment to the Board shall— (A) be eminent in a field of science or engineering; and/or (B) have expertise in managing scientific facilities; and (C) have an established record of distinguished service. (4) The membership of the Board shall be representative of the broad range of scientific, engineering, financial, and managerial disciplines related to activities under this title. (5) No person shall be nominated for appointment to the Board who is an employee of— (A) the Department of Energy; (B) a national laboratory or site under contract with the Department of Energy; (C) a managing entity or parent company for a national laboratory or site under contract with the Department of Energy; or (D) an entity performing scientific and engineering activities under contract with the Department of Energy. (c) Commission review and recommendations (1) The Commission shall, by no later than November 1, 2014, transmit to the Secretary of Energy and the Appropriations Committees of the House and Senate a report containing the Commission’s finding and conclusions. (2) The Commission shall address whether the Department of Energy’s national laboratories— (A) are properly aligned with the Department’s strategic priorities; (B) have clear, well understood, and properly balanced missions that are not unnecessarily redundant and duplicative; (C) have unique capabilities that have sufficiently evolved to meet current and future energy and national security challenges; (D) are appropriately sized to meet the Department’s energy and national security missions; and (E) are appropriately supporting other Federal agencies and the extent to which it benefits DOE missions. (3) The Commission shall also determine whether there are opportunities to more effectively and efficiently use the capabilities of the national laboratories, including consolidation and realignment, reducing overhead costs, reevaluating governance models using industrial and academic benchmarks for comparison, and assessing the impact of DOE’s oversight and management approach. In its evaluation, the Commission should also consider the cost and effectiveness of using other research, development, and technology centers and universities as an alternative to meeting DOE’s energy and national security goals. (d) Response by the secretary of energy (1) The Secretary of Energy shall, by no later than February 1, 2015, transmit to Appropriations Committees of the House and Senate a report containing the Secretary’s approval or disapproval of the Commission's recommendations and an implementation plan for approved recommendations. 316. The Committee on Appropriations of the United States Senate shall receive a 30-day advance notification with a detailed explanation of any waiver or adjustment made by the National Nuclear Security Administration’s Fee Determining Official to at-risk award fees for Management and Operating contractors that result in award term extensions. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704 5 U.S.C. 3109 Defense nuclear facilities safety board Salaries and expenses For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456 Delta regional authority Salaries and expenses For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, to remain available until expended. Denali commission For expenses of the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $10,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided Public Law 105–277 Public Law 106–113 Northern border regional commission For necessary expenses of the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended: Provided Nuclear regulatory commission Salaries and expenses For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including official representation expenses (not to exceed $25,000), $1,043,937,000, to remain available until expended: Provided 31 U.S.C. 3302 Provided further Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $11,105,000, to remain available until September 30, 2015: Provided Provided further Nuclear waste technical review board Salaries and expenses For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203 Office of the federal coordinator for alaska natural gas transportation projects For necessary expenses for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act of 2004, $1,000,000, to remain available until expended: Provided Public Law 110–140 General provision—independent agencies 401. Notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998, the Denali Commission may use amounts transferred pursuant to section 329 of the Department of Transportation and Related Agencies Appropriations Act, 1999, for administrative expenses. V General provisions 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 502. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in this Act or any other appropriation Act. 503. (a) The head of any executive branch department, agency, board, commission, or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2014 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2014 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2014 June 27, 2013 Read twice and placed on the calendar | Energy and Water Development and Related Agencies Appropriations Act, 2014 |
American Jobs Matter Act of 2013 - Requires an executive agency to include the effects on employment within the United States (a jobs impact statement) in the evaluation factors that must be considered in each solicitation for competitive proposals for covered contracts. Defines a "covered contract" as a contract in excess of $1 million for the procurement of manufactured goods, goods or services listed in a required report of industrial base capabilities, or any item procured as part of a major defense acquisition program. Allows an offeror's jobs impact statement to include a guarantee that jobs created or retained in the United States will not be moved outside the United States after award of the contract unless doing so is required to provide the goods or services stipulated in the contract or is in the best interest of the federal government. Requires each agency to: (1) assess, annually, the accuracy of such a statement submitted by an offeror awarded a contract; and (2) track the number of jobs created or retained during the performance of such contract. Allows the agency, if the number of jobs created or retained falls short of agency estimates, to consider this as a factor that affects a contractor's past performance in the award of future contracts. Requires: (1) the Secretary of Defense to report annually on the frequency of use within the Department of Defense (DOD) of jobs impact statements in the evaluation of competitive proposals, and (2) revision of the Department of Defense Supplement to the Federal Acquisition Regulation to implement this Act. | 113 S1246 IS: American Jobs Matter Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1246 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Murphy Mr. Brown Mr. Merkley Mr. Blumenthal Committee on Armed Services A BILL To amend title 10, United States Code, to require contracting officers to consider information regarding domestic employment before awarding a Federal defense contract, and for other purposes. 1. Short title This Act may be cited as the American Jobs Matter Act of 2013 2. Consideration and verification of information relating to effect on domestic employment of award of Federal defense contracts (a) In general Section 2305(a)(3) (C) (i) In prescribing the evaluation factors to be included in each solicitation for competitive proposals for covered contracts, an agency shall include the effects on employment within the United States of the contract as an evaluation factor that must be considered in the evaluation of proposals. (ii) In this subparagraph, the term covered contract (I) a contract in excess of $1,000,000 for the procurement of manufactured goods; (II) a contract in excess of $1,000,000 for the procurement of goods or services listed in the report of industrial base capabilities required by section 2504 (III) a contract in excess of $1,000,000 for the procurement of any item procured as part of a major defense acquisition program. (iii) The head of an agency, in issuing a solicitation for competitive proposals, shall state in the solicitation that the agency may consider, and in the case of a covered contract will consider as an evaluation factor under subparagraph (A), information (in this subsection referred to as a jobs impact statement (iv) The information that may be included in a jobs impact statement may include the following: (I) The number of jobs expected to be created or retained in the United States if the contract is awarded to the offeror. (II) The number of jobs created or retained in the United States by the subcontractors expected to be used by the offeror in the performance of the contract. (III) A guarantee from the offeror that jobs created or retained in the United States will not be moved outside the United States after award of the contract unless doing so is required to provide the goods or services stipulated in the contract or is in the best interest of the Federal Government. (v) The contracting officer may consider, and in the case of a covered contract will consider, the information in the jobs impact statement in the evaluation of the offer and may request further information from the offeror in order to verify the accuracy of any such information submitted. (vi) In the case of a contract awarded to an offeror that submitted a jobs impact statement with the offer for the contract, the agency shall, not later than one year after the award of the contract and annually thereafter for the duration of the contract or contract extension, assess the accuracy of the jobs impact statement. (vii) The Secretary of Defense shall submit to Congress an annual report on the frequency of use within the Department of Defense of jobs impact statements in the evaluation of competitive proposals. (viii) (I) In any contract awarded to an offeror that submitted a jobs impact statement with its offer in response to the solicitation for proposals for the contract, the agency shall track the number of jobs created or retained during the performance of the contract. (II) If the number of jobs that the agency estimates will be created (by using the jobs impact statement) significantly exceeds the number of jobs created or retained, then the agency may consider this as a factor that affects a contractor's past performance in the award of future contracts. (III) Contractors shall be provided an opportunity to explain any differences between their original jobs impact statement and the actual amount of jobs created or retained before the discrepancy affects the agency’s assessment of the contractor's past performance. . (b) Revision of Federal Acquisition Regulation The Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to implement the amendment made by subsection (a). | American Jobs Matter Act of 2013 |
Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Authorizes the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to individuals with pediatric cancers, (2) adapting curricula for continuing education of the existing workforce, and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification. | 113 S1247 IS: Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1247 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Reed Committee on Health, Education, Labor, and Pensions A BILL To improve and enhance research and programs on childhood cancer survivorship, and for other purposes. 1. Short title This Act may be cited as the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 2. Findings Congress finds as follows: (1) An estimated 13,500 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but by 2011, cure rates have increased to 78 percent for children and adolescents under age 20. (3) As of June 2013, there are more than 360,000 childhood cancer survivors living in the United States. (4) As many as 2/3 1/4 (5) The late effects of cancer treatment may change as treatments evolve, which means that the monitoring and treatment of cancer survivors may need to be modified on a routine basis. (6) The Institute of Medicine, in its report on cancer survivorship entitled Childhood Cancer Survivorship: Improving Care and Quality of Life 3. Cancer survivorship programs (a) Cancer survivorship programs Subpart 1 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. 417H. Pilot programs to explore model systems of care for pediatric cancer survivors (a) In general The Secretary may make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. (b) Eligible entities In this section, the term eligible entity (1) a medical school; (2) a children’s hospital; (3) a cancer center; or (4) any other entity with significant experience and expertise in treating survivors of childhood cancers. (c) Use of funds The Secretary may make a grant under this section to an eligible entity only if the entity agrees— (1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and (2) in developing, studying, and evaluating such systems, to give special emphasis to— (A) the design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs); (B) the development of various models for providing multidisciplinary care; (C) the dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families; (D) the development of support programs to improve the quality of life of cancer survivors; (E) the design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care); (F) the dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) to cancer survivors and their families, where appropriate; and (G) the development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. 417H–1. Workforce development collaborative on medical and psychosocial care for childhood cancer survivors (a) In general Not later than 1 year after the date of enactment of the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 Collaborative (b) Goals and reports The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: (1) Identifying, refining, and broadly disseminating to healthcare educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to individuals with pediatric cancers. (2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. (3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. (4) Strengthening the emphasis on psychosocial healthcare in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. (5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. (6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. . (b) Technical amendment (1) In general Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 ( Public Law 107–172 section 419C section 417C (2) Effective date The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 ( Public Law 107–172 | Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2013 |
Flexibility for Working Families Act - Authorizes an employee to request from an employer a temporary or permanent change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work, (2) the times when the employee is required to work or be on call for work, (3) where the employee is required to work, or (4) the amount of notification the employee receives of work schedule assignments. Sets forth certain employer duties with respect to such requests. Makes it unlawful for an employer to interfere with any rights provided to an employee under this Act. Authorizes an employee to file a complaint with the Secretary of Labor for any violations of such rights. Provides for the investigation and assessment of civil penalties or the award of relief for alleged violations, including the review in federal courts of appeal of orders of the Secretary. Requires the Secretary and certain federal agency administrative officers to provide information and technical assistance to employers, labor organizations, and the general public regarding compliance with this Act. Requires the Administrator of the Wage and Hour Division of the Department of Labor to issue guidance on compliance with the Fair Labor Standards Act that provides a flexible work environment through changes in employee terms and conditions of employment provided in this Act. Applies the requirements of this Act to certain classes of employees, including employees of the Government Accountability Office (GAO) and the Library of Congress. | 113 S1248 IS: Flexibility for Working Families Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1248 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Casey Mr. Harkin Committee on Health, Education, Labor, and Pensions A BILL To permit employees to request, and to ensure employers consider requests for, flexible work terms and conditions, and for other purposes. 1. Short title This Act may be cited as the Flexibility for Working Families Act 2. Findings Congress makes the following findings: (1) Over the last 50 years, the demographics of the Nation’s workforce have undergone significant changes. As a result of the changes, the modern workforce has a more diverse set of needs. (2) Over time, increasing numbers of women have joined the workforce. The Bureau of Labor Statistics reports that in 1960 women composed 33 percent of employed persons, whereas in 2010 they were 47 percent of employed persons. (3) Fewer households have at least 1 parent at home. According to the Bureau of the Census, more than 70 percent of children are raised in families that are headed by either a working single parent or 2 working parents. Furthermore, the number of households with married parents and children, in which both parents were in the workforce, rose to 66 percent in 2010. The number of single-parent families has also increased, almost tripling over the last 50 years, from 5 percent in 1960, to 14 percent in 2010. (4) More households are caring for older relatives. According to the Bureau of the Census, the average life expectancy for a child born in 2010 is 78.3 years, almost 10 years longer than for a child born in 1960. The National Alliance for Caregiving found that 57 percent of persons who provide unpaid care to an adult or to a child with special needs are employed, with 46 percent working full time and 11 percent working part time. (5) Many jobs are now located outside of city centers. Low-wage employees in particular have difficulty reaching jobs through public transportation during off-peak shifts, such as shifts that start in the evening or early morning. (6) In response to the needs of the modern workforce some employers have instituted flexible work arrangements, which, according to Georgetown University Law School's Workforce Flexibility 2010 initiative, are voluntary arrangements between employees and employers that alter the time or place at which work is conducted, or the amount of work that is conducted, in order to allow employees to more easily meet the needs of both work and family life. (7) The National Study of the Changing Workforce, published in 2002 by the Families and Work Institute, found that employees with access to flexible work arrangements reported less interference between their job and family life, and fewer mental health problems. (8) Corporate Voices for Working Families found that implementing workplace flexibility improves employee satisfaction, morale, and teamwork as well as employee health, well-being, and resilience, and helps to reduce stress. (9) Flexible work arrangements have also been shown to improve the bottom line for businesses. Corporate Voices for Working Families found that implementing workplace flexibility improves the bottom line by helping businesses to attract and retain key talent, increase employee retention and reduce turnover, reduce overtime and absenteeism, and enhance employee productivity, effectiveness, and engagement. (10) The President's Council of Economic Advisors found that, as more businesses adopt flexibility practices, the benefits to society, in the form of reduced traffic, improved employment outcomes, and more efficient allocation of employees to employers, may be greater than the gains to individual businesses and employees. (11) According to a 2011 Government Accountability Office report, a flexible work environment can increase and enhance employment opportunities for individuals with disabilities. (12) The Society for Human Resource Management believes that the key to getting the best out of every employee is a flexible work environment. (13) According to the National Partnership for Women and Families, businesses can retain their most valuable asset—a trained and committed workforce—by offering flexible workplace policies. 3. Definitions In this Act: (1) Administrative officer The term administrative officer (2) Employee The term employee (A) who is— (i) (I) an employee (including an applicant), as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (II) an employee (including an applicant) of the Government Accountability Office; (ii) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (iii) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (iv) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; or (v) a Federal officer or employee (including an applicant) covered under subchapter V of chapter 63 (B) who works at least 20 hours per week or, in the alternative, at least 1,000 hours per year. (3) Employer (A) In general The term employer (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under any of subclauses (II) through (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) (V) an employing agency covered under subchapter V of chapter 63 (ii) is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of such an employer to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (III) includes an agency described in clause (iii) or (iv) of subparagraph (A) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) (ii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce industry or activity affecting commerce 29 U.S.C. 2611 (II) Employee; person The terms employee person 29 U.S.C. 203 (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Secretary The term Secretary (5) Supervisor (A) In general The term supervisor (B) Application For purposes of applying this paragraph, a reference in such section— (i) to an employee shall be considered to be a reference to an employee, as defined in this section; and (ii) to an employer shall be considered to be a reference to an employer, as defined in this section. 4. Statutory right to request flexible work terms and conditions (a) In General An employee may apply to the employee’s employer for a temporary or permanent change in the employee’s terms or conditions of employment if the change relates to— (1) the number of hours the employee is required to work; (2) the times when the employee is required to work or be on call for work; (3) where the employee is required to work; or (4) the amount of notification the employee receives of work schedule assignments. (b) Contents An application submitted under this section shall— (1) state that the application is an application described in subsection (a); (2) specify the change applied for and the date on which the employee requests that the change become effective; and (3) explain what effect, if any, the employee thinks the change applied for would have on the employer and how, in the employee’s opinion, any such effect might be dealt with. (c) Submissions (1) Period between submissions If an employee, who has submitted an application under this section to an employer, submits a further application under this section to the same employer before the end of the period of 12 months beginning with the date on which the previous application was submitted, that further application shall not be covered by section 5. (2) Form and timing The administrative officer shall, by regulation issued under section 13, specify— (A) the form of applications submitted under this section; and (B) when such an application shall be considered to be submitted. 5. Employer’s duties in relation to applications (a) In General An employer to whom an employee submits an application under section 4 shall consider the application, in accordance with regulations issued under section 13. (b) Regulations Regulations issued under subsection (a)— (1) shall include provisions that provide— (A) that the employer and the employee shall hold a meeting to discuss such an application; (B) that the employer shall give the employee a written decision regarding the application, within a reasonable period after the date of the meeting; (C) that a decision under subparagraph (B) to reject the application shall state the grounds for the decision, including whether those grounds included— (i) the identifiable cost of the proposed change in a term or condition of employment requested in the application, including the costs of loss of productivity, of retraining or hiring an employee, or of transferring an employee from one facility to another facility; (ii) the overall financial resources involved; (iii) for an employer with multiple facilities, the geographic separateness or administrative or fiscal relationship of the staffs at the facilities; (iv) the effect of the change on the employer's ability to meet customer demand; or (v) another factor specified by the administrative officer in regulation; (D) that if the employer rejects the employee's application, the employer may propose in writing an alternative change to the employee's hours, times, place, and amount of notification of schedule assignments for work; (E) that if the employee is dissatisfied with the employer’s decision under subparagraph (B) and the alternative described in subparagraph (D), and if the employer has another supervisor, the employee has the right to reconsideration of the decision by such supervisor, and to receive a decision in writing from the reconsideration within a reasonable period, in accordance with procedures specified in regulations issued under section 13; (F) that the employee shall have a right to be accompanied at meetings described in subparagraph (A) by a representative of the employee's choosing with such qualifications as the regulations shall specify; (G) that if such a representative of the employee's choosing is not available to attend a meeting described in subparagraph (A), the meeting shall be postponed; and (H) for extension of a time limit specified in the regulations in a case in which the employer and employee agree, or in such other circumstances as the regulations may specify; and (2) may include provisions that provide— (A) that any requirement of the regulations shall not apply in a case in which such an application is disposed of by agreement or withdrawn; and (B) for applications to be treated as withdrawn in specified circumstances. 6. Prohibited acts (a) Interference With Rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act. (b) Interference With Application, Proceedings, or Inquiries It shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual because such individual— (1) has submitted (or attempted to submit) an application under section 4 or requested (or attempted to request) a reconsideration under section 5; (2) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (3) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; (4) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act; (5) has opposed any practice made unlawful by this Act; or (6) has in any other way exercised or attempted to exercise any right provided under this Act. 7. Enforcement (a) Definitions Except as provided in subsection (d), in this section: (1) Employee The term employee (2) Employer The term employer (b) General Authority The provisions of this Act may be enforced pursuant to the following provisions: (1) Investigation and assessment An employee who is affected by a violation of a right in section 6 (including a violation relating to a right provided under section 4 or 5) may make a complaint to the Secretary of Labor, alleging that the employer involved has violated section 6. The Secretary shall receive, investigate, and attempt to resolve such complaints of violations in the same manner as the Secretary receives, investigates, and attempts to resolve complaints of violations of section 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in section 8(a)(1) or awarding relief described in section 8(a)(2), as appropriate, with respect to such an alleged violation. (2) Administrative review An affected person who takes exception to an order issued under paragraph (1) may request a review of and a decision regarding such an order by an administrative law judge, who may hold an administrative hearing concerning the order under procedures established by the administrative officer that comply with the requirements of sections 554, 556, and 557 of title 5, United States Code, and regulations promulgated by the administrative officer. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be deemed to be a final order that is not subject to judicial review. (3) Enforcement The amount of any penalty assessed against an employer under this subsection, when finally determined, may be— (A) deducted from any sums owed by the United States to the employer; or (B) recovered in a civil action brought against the employer by the Secretary, represented by the Solicitor of Labor (or brought against the employer by the administrative officer specified in section 13(a)) in any court of competent jurisdiction. (4) Civil action An affected person desiring review of a decision issued under paragraph (2) (other than a nonreviewable order) may file a petition for review in an appropriate Federal court of appeals. (5) Civil action by the Secretary for injunctive relief The Secretary (or the administrative officer specified in section 13(a)) may bring an action for a violation described in paragraph (1) in a district court of the United States to obtain the injunctive relief described in section 8(b). (c) Other Employees (1) Employees covered by congressional accountability act of 1995 Notwithstanding any other provision of this section or section 8, the powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (2) Employees covered by chapter 5 Notwithstanding any other provision of this section or section 8, the powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 3(2)(A)(iv). (3) Employees covered by chapter 63 Notwithstanding any other provision of this section or section 8, the powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of subchapter V of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 3(2)(A)(v). 8. Remedies (a) Administrative Proceedings and Actions for Review (1) Interference with exercise of rights In an action brought under paragraph (1), (2), or (4) of section 7(b), an employer who commits a willful or repeated violation of the provisions of section 6 (including a violation relating to a right provided under section 4 or 5) shall be subject to a civil penalty of not more than $1,100 for each employee who was the subject of such a violation. (2) Retaliation In an action brought under paragraph (1), (2), or (4) of section 7(b), if an employer violates section 6(b), the employee who is affected by the violation or the Secretary (or the administrative officer specified in section 13(a)), as appropriate, may obtain an order awarding such equitable relief as may be appropriate, including employment, reinstatement, promotion, back pay, and a change in the terms or conditions of employment. (b) Civil action by the Secretary for injunctive relief In an action brought under section 7(b)(5), the Secretary (or the administrative officer specified in section 13(a)) may obtain an order— (1) restraining violations of section 6 (including a violation relating to a right provided under section 4 or 5); or (2) awarding such other equitable relief as may be appropriate, including employment, reinstatement, promotion, back pay, and a change in the terms or conditions of employment. 9. Notice (a) In general Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or the administrative officer specified in section 13(a)) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under section 7(b). (b) Penalty Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $500 for each separate offense. 10. Recordkeeping Any employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued under section 13. 11. Research, education, and technical assistance program (a) In general The Secretary (and each administrative officer specified in section 13(a), as applicable) shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. (b) Program In order to achieve the objectives of this Act— (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including— (A) conducting and promoting research with the intent of encouraging flexibility in work terms and conditions; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. 12. Rights retained by employees Nothing in this Act shall be considered to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under a collective bargaining agreement. 13. Application of provisions Not later than 12 months after the date of enactment of this Act— (1) (A) except as provided in subparagraph (B), the Secretary shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees described in clause (i) or (ii) of section 3(2)(A); and (B) the Comptroller General of the United States and the Librarian of Congress shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees of the Government Accountability Office and the Library of Congress, respectively; (2) the Board of Directors of the Office of Compliance shall issue (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 (3) the President (or the designee of the President) shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees described in section 3(2)(A)(iv); and (4) the Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this Act (including regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to employees described in section 3(2)(A)(v). 14. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2012 and each subsequent fiscal year. 15. Effective date (a) In general Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Application of nonregulatory provisions (1) In general Except as provided in paragraph (2), sections 2 through 12 shall apply on the earlier of— (A) the date that occurs 3 months after the date on which the Secretary issues regulations under section 13(a)(1)(A); and (B) the date that occurs 15 months after the date of enactment of this Act. (2) Collective bargaining agreements In the case of a collective bargaining agreement in effect on the application date prescribed by paragraph (1), sections 2 through 12 shall apply on the earlier of— (A) the date of the termination of such agreement; or (B) the date that occurs 12 months after the date of enactment of this Act. | Flexibility for Working Families Act |
Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information (including date of diagnosis, age at diagnosis, and patient's gender, race, and ethnicity) for at least 90% of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States; (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data; and (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions. | 113 S1251 IS: Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1251 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Reed Mrs. Fischer Mr. Menendez Mr. Casey Mr. Franken Ms. Klobuchar Committee on Health, Education, Labor, and Pensions A BILL To establish programs with respect to childhood, adolescent, and young adult cancer. 1. Short title This Act may be cited as the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act 2. Findings Congress finds as follows: (1) Every year, 13,500 children in the United States are diagnosed with cancer. (2) While the cure rates for some childhood cancers are now over 80 percent, the survival rates for many types of cancers in children remain extremely low. (3) According to the Centers for Disease Control and Prevention, cancer continues to be the leading cause of death by disease in children and adolescents under the age of 14. (4) There are currently more than 360,000 childhood cancer survivors living in the United States. (5) As many as two-thirds of childhood cancer survivors experience at least one long-term health effect of their cancer treatment, including secondary malignancies, cardiopulmonary damage, physical and intellectual developmental impairments, endocrine disorders, and others. (6) Collection of biospecimens and clinical and demographic data on the maximum possible number of children with cancer in the United States is necessary to improve childhood cancer treatments and cures. Currently biospecimens and some demographic data are collected for less than half of children with cancer. 3. Comprehensive children's cancer biorepositories (a) In general Section 417E of the Public Health Service Act ( 42 U.S.C. 285a–11 (1) by redesignating subsections (c) and (d) as subsections (k) and (l), respectively; (2) by striking subsections (a) and (b) and inserting the following: (a) Comprehensive children's cancer biorepositories The Secretary, acting through the Director of NIH, may make an award for a duration of at least 5 years to an entity or entities described in subsection (d) to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 percent of all children, adolescents, and young adults with cancer in 1 or more Comprehensive Children's Cancer Biorepositories to achieve a better understanding of the cause of such cancers and the effects of treatments for such cancers. (b) Use of funds Amounts received under the award under subsection (a) may be used to carry out the following: (1) Prospectively acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. (2) Maintain a secure searchable database on stored biospecimens and associated clinical and demographic data from children, adolescents, and young adults with cancer for the conduct of research by scientists and qualified health care professionals. (3) Establish procedures for evaluating applications for access to such biospecimens and clinical and demographic data from researchers and other qualified health care professionals. (4) Make available and distribute biospecimens and clinical and demographic data from children, adolescents, and young adults with cancer to researchers and qualified health care professionals for peer-reviewed research at a minimal cost. (c) No requirement No child, adolescent, or young adult with cancer shall be required to contribute a specimen to a Biorepository or share clinical or demographic data. (d) Application; considerations (1) Application To be eligible to receive an award under subsection (a) an entity shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may reasonably require. (2) Considerations In evaluating the applications in paragraph (1), the Secretary shall consider the existing infrastructure of the entity that would allow for the timely capture of biospecimens and related clinical and demographic information for children, adolescents, and young adults with cancer. (e) Privacy protections; consent (1) In general The Secretary may not make an award under subsection (a) to an entity unless the Secretary ensures that such entity— (A) collects biospecimens and associated clinical and demographic information from children with appropriate permission from parents or legal guardians in accordance with Federal and State law; and (B) adheres to strict confidentiality to protect the identity and privacy of patients in accordance with Federal and State law. (2) Consent The Secretary shall establish an appropriate process for achieving consent from the patient, parent, or legal guardian. (f) Single point of access; standard data; guidelines and oversight (1) Single point of access The Secretary shall ensure that a Biorepository established under subsection (a) has electronically searchable data for use by researchers and other qualified health care professionals in the manner and to the extent defined by the Secretary. (2) Standard data The Secretary shall require all recipients of an award under this section to make available a standard dataset for the purposes of paragraph (1) in a standard electronic format that enables researchers and qualified health care professionals to search. (3) Guidelines and oversight The Secretary shall develop and disseminate appropriate guidelines for the development and maintenance of the biorepositories authorized under this section, including appropriate oversight. (g) Definitions (1) Award The term award (2) Biospecimen The term biospecimen (A) solid tumor tissue or bone marrow; (B) normal or control tissue; (C) blood/plasma; (D) DNA and RNA extractions; (E) familial DNA; and (F) any other sample required by the Secretary. (3) Clinical and demographic information The term clinical and demographic information (A) date of diagnosis; (B) age at diagnosis; (C) patient’s gender, race and ethnicity; (D) extent of disease at enrollment; (E) site of metastases; (F) location of primary tumor coded; (G) histologic diagnosis; (H) tumor marker data when available; (I) treatment and outcome data; (J) information related to specimen quality; and (K) any other information required by the Secretary. (h) Coordination The Secretary shall ensure that clinical and demographic information collected in accordance with this section is collected in coordination with the information collected under section 399E–1. (i) Prohibition on use of funds Funds made available under this section shall not be used to acquire, preserve, or maintain a biospecimen collected from a patient if such activity is already covered by funds available from the National Cancer Institute for such purpose. (j) Report Not later than 4 years after the date of enactment of the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act (1) the number of biospecimens and corresponding clinical demographic data collected through the Comprehensive Children’s Cancer Biorepositories established under subsection (a); (2) the number of biospecimens and corresponding clinical demographic data requested for use by researchers; (3) any barriers to the collection of biospecimens and corresponding clinical demographic data; (4) any barriers experienced by researchers or health care professionals in accessing the biospecimens and corresponding clinical demographic data necessary for use in research; and (5) any recommendations with respect to improving the Comprehensive Children’s Cancer Biorepository program under this section. ; and (3) in subsection (l), as so redesignated, by striking the first sentence and inserting the following: For purposes of carrying out this section and section 399E–1, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. (b) Improving Childhood Cancer Surveillance Section 399E–1 of the Public Health Service Act ( 42 U.S.C. 280e–3a (1) by redesignating subsection (b) as subsection (d); and (2) by striking subsection (a) and inserting the following: (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to State cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Such registries shall be updated to include each occurrence of such cancers within a period of time designated by the Secretary. (b) Activities The grants described in subsection (a) may be used for— (1) identifying, recruiting, and training all potential sources for reporting childhood, adolescent, and young adult cancer cases; (2) developing procedures to implement early inclusion of childhood, adolescent, and young adult cancer cases on State cancer registries through the use of electronic reporting; (3) purchasing infrastructure to support the early inclusion of childhood, adolescent, and young adult cancer cases on such registries; (4) submitting deidentified data to the Centers for Disease Control and Prevention for inclusion in a national database of childhood, adolescent, and young adult cancers; and (5) tracking the late effects of childhood, adolescent, and young adult cancers. (c) Coordination The Secretary shall ensure that information collected through State cancer registries under this section is collected in coordination with clinical and demographic information collected under section 417E. . 4. Report to improve development of new drugs and biologic products to treat childhood cancers (a) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on barriers to studying oncologic therapies in pediatric populations under section 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c (b) Content The report under subsection (a) shall include— (1) an assessment of the feasibility of requiring studies for a pediatric oncologic indication under section 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c (2) recommendations to overcome any barriers identified in the report on how to improve research, development and access to new oncologic therapies for use in pediatric patients; and (3) an assessment of the potential impact of altering the exemption under subsection (k) of such section 505B. (c) Stakeholder Input The report under subsection (a) shall be developed with input from relevant stakeholders. | Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Upper Missisquoi and Trout Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate two segments of the Missisquoi River and one segment of the Trout River in Vermont as components of the National Wild and Scenic Rivers System to be administered by the Secretary of the Interior as a recreational river. Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan. Requires the Secretary to coordinate the management responsibilities with the Upper Missisquoi and Trout Rivers Wild and Scenic Committee. Authorizes the Secretary to enter into cooperative agreements for the protection, preservation, and enhancement of the river segments with: (1) the state of Vermont; (2) specific municipalities; and (3) local, regional, statewide, or multistate planning, environmental, or recreational organizations. States that the designation of the river segments does not: (1) preclude the Federal Energy Regulatory Commission (FERC) from licensing, relicensing, or otherwise authorizing the operation of specified hydroelectric projects; or (2) limit the modernization, upgrades, or other changes to the projects. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Considers zoning ordinances adopted by specific towns as satisfying provisions in the Wild and Scenic Rivers Act that prohibit the Secretary from acquiring lands by condemnation within a designated Wild and Scenic River boundary when certain local zoning ordinances are in place. Limits the authority of the Secretary to acquire lands under this Act to acquisition by donation or with the owner's consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Directs the Secretary, upon determining that there is adequate local support for the designation of an additional segment in Vermont, to publish a notice of the designation in the Federal Register, designate the additional segment, and administer the additional segment as a recreational river. | 113 S1252 IS: Upper Missisquoi and Trout Wild and Scenic Rivers Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1252 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Sanders Mr. Leahy Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the Missisquoi River and the Trout River in the State of Vermont, as components of the National Wild and Scenic Rivers System. 1. Short title This Act may be cited as the Upper Missisquoi and Trout Wild and Scenic Rivers Act 2. Designation of Wild and Scenic River Segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Missisquoi River and Trout River, Vermont The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: (A) The 20.5-mile segment of the Missisquoi River from the Lowell/Westfield town line to the Canadian border in North Troy, excluding the property and project boundary of the Troy and North Troy hydroelectric facilities. (B) The 14.6-mile segment of the Missisquoi River from the Canadian border in Richford to the upstream project boundary of the Enosburg Falls hydroelectric facility in Sampsonville. (C) The 11-mile segment of the Trout River from the confluence of the Jay and Wade Brooks in Montgomery to where the Trout River joins the Missisquoi River in East Berkshire. . 3. Management (a) Management (1) In general The river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (A) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in section 5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(19)) (referred to in this section as the management plan (B) such amendments to the management plan as the Secretary determines are consistent with this Act and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this section as the Committee (2) Comprehensive management plan The management plan, as finalized in March 2013, and as amended, shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) (b) Committee The Secretary shall coordinate management responsibility of the Secretary of the Interior under this Act with the Committee, as specified in the management plan. (c) Cooperative agreements (1) In general In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) 16 U.S.C. 1281(e) (A) the State of Vermont; (B) the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and (C) appropriate local, regional, statewide, or multi-state planning, environmental, or recreational organizations. (2) Consistency Each cooperative agreement entered into under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Effect on existing Hydroelectric Facilities (1) In general The designation of the river segments by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (A) preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the Troy Hydroelectric, North Troy, or Enosburg Falls hydroelectric project under the terms of licenses or exemptions in effect on the date of enactment of this Act; or (B) limit modernization, upgrade, or other changes to the projects described in paragraph (1) subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. (2) Hydropower proceedings Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings— (A) shall not be considered to be project works for purposes of this Act; and (B) may be located within the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (e) Land management (1) Zoning ordinances For the purpose of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances adopted by the towns of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield in the State of Vermont, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be considered to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) (2) Acquisitions of land The authority of the Secretary to acquire land for the purposes of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (A) limited to acquisition by donation or acquisition with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the management plan. (f) Relation to national park system Notwithstanding section 10(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(c) (g) Designation of Additional Segment (1) Definition of Additional Segment In this subsection, the term “additional segment” means the 3.8-mile segment of the Missisquoi River extending from the confluence of the Burgess Branch and East Branch of the Missisquoi River in Lowell to the Lowell/Westfield town line. (2) Findings Congress finds that the additional segment is eligible and suitable for designation as a recreational river if the Secretary of the Interior determines that there is adequate local support for the designation in accordance with paragraph (4). (3) Designation and administration If the Secretary of the Interior determines that there is adequate local support for the designation of the additional segment in accordance with paragraph (4)— (A) the Secretary shall publish in the Federal Register notice of the designation of the additional segment; (B) the additional segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. (C) the Secretary shall administer the additional segment as a recreational river. (4) Determination of local support The Secretary of the Interior shall determine that there is adequate local support for the designation of the additional segment as a recreational river if the legal voters of the town of Lowell, Vermont express by a majority vote a desire for the designation. | Upper Missisquoi and Trout Wild and Scenic Rivers Act |
Lower Farmington River and Salmon Brook Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to manage: (1) the river segments in accordance with the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of the Secretary under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee. Makes the provisions of the Wild and Scenic Rivers Act prohibiting federal acquisition of lands by condemnation applicable to the designated segments. Limits the authority of the Secretary to acquire lands for the purposes of such segments to acquisition by donation or with the owner's consent and subject to additional management plan criteria. Prohibits the designation made by this Act from being construed as: (1) prohibiting, pre-empting, or abridging the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations, and transmission lines) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project; or (2) affecting the operation of, or imposing any flow or release requirements on, the unlicensed hydroelectric facility at the Dam and Reservoir. Bars the Lower Farmington River from being administered as part of the National Park System or being subject to System regulations. Revises the description of a specified designated segment of the Farmington River in Connecticut. | 113 S1253 IS: Lower Farmington River and Salmon Brook Wild and Scenic River Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1253 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Murphy Mr. Blumenthal Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Lower Farmington River and Salmon Brook Wild and Scenic River Act 2. Findings The Congress finds that— (1) the Lower Farmington River and Salmon Brook Study Act of 2005 ( Public Law 109–370 16 U.S.C. 1277(a)(156) (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08–37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109–370 3. Designation Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Lower farmington river and salmon brook, Connecticut Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: (A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. (B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. (C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. (D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. (E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river. . 4. Management (a) In general The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) (b) Committee The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative agreements (1) In general In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with— (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land management (1) Zoning ordinances For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) (2) Acquisition of land The provisions of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) (e) Rainbow Dam The designation made by section 3 shall not be construed to— (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System Notwithstanding section 10(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(c) 5. Farmington River, Connecticut, designation revision Section 3(a)(156) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (1) by striking 14-mile 15.1-mile (2) by striking to the downstream end of the New Hartford-Canton, Connecticut town line to the confluence with the Nepaug River 6. Definitions For the purposes of this Act: (1) Management plan The term management plan (2) Secretary The term Secretary | Lower Farmington River and Salmon Brook Wild and Scenic River Act |
(This measure has not been amended since it was reported to the House on June 5, 2014. The summary of that version is repeated here.) Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 - Reauthorizes, revises, and expands the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. (Sec. 3) Requires the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to have a representative from the Centers for Disease Control and Prevention (CDC). (Sec. 4) Requires the Under Secretary of Commerce for Oceans and Atmosphere, acting through the Task Force, to: (1) maintain, enhance, and periodically review a national harmful algal bloom and hypoxia program; and (2) develop and submit to Congress a comprehensive research plan and action strategy to address marine and freshwater harmful algal blooms and hypoxia (a condition where low dissolved oxygen in aquatic systems causes stress or death to organisms). Expands the Task Force's functions, including: (1) expediting and coordinating the interagency review process by ensuring timely review and dispersal of required reports and assessments; and (2) promoting the development of new technologies for predicting, monitoring, and mitigating harmful algal bloom and hypoxia conditions. Gives the National Oceanic and Atmospheric Administration (NOAA) the primary responsibility for administering the Program. Establishes the Under Secretary's duties in administering the program, including the following: preparing work and spending plans; administering grant funding; coordinating with and working with regional, state, and tribal and local government agencies; coordinating with the Secretary of State to support international efforts; identifying additional research, development, and demonstration needs; coordinating and augmenting education programs; providing resources to train state and local coastal and water resource managers; and supporting regional efforts to control and mitigate outbreaks. Requires the Under Secretary to carry out marine and Great Lakes harmful algal bloom and hypoxia events response activities. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) research the ecology and impacts of freshwater harmful algal blooms; (2) forecast and monitor event response to freshwater harmful algal blooms in lakes, rivers, estuaries, and reservoirs; and (3) ensure that activities carried under this Act focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this Act or any other law. (Sec. 7) Requires the Administrator, through the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, to report to appropriate congressional committees and the President on the progress made by activities directed by the Task Force and carried out or funded by the EPA and other state and federal partners toward attainment of the goals of the Gulf Hypoxia Action Plan 2008 within 12 months after this Act's enactment and biennially thereafter. (Sec. 8) Requires the Task Force to: (1) submit within 18 months to Congress and the President an integrated assessment that examines the causes, consequences, and approaches to reduce hypoxia and harmful algal blooms in the Great Lakes; and (2) develop and submit to Congress a plan, based on the assessment, for reducing, mitigating, and controlling hypoxia and harmful algal blooms. | 113 S1254 EAH: Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 U.S. Senate 2014-06-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session In the House of Representatives, U. S., June 9, 2014 AMENDMENT: That the bill from the Senate (S. 1254) entitled An Act to amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998, and for other purposes. Strike out all after the enacting clause and insert: 1. Short title This Act may be cited as the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 2. References to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 16 U.S.C. 1451 3. Inter-Agency task force on harmful algal blooms and hypoxia Section 603(a) is amended— (1) by striking the following representatives from a representative from (2) in paragraph (11), by striking and (3) by redesignating paragraph (12) as paragraph (13); (4) by inserting after paragraph (11) the following: (12) the Centers for Disease Control and Prevention; and ; and (5) in paragraph (13), as redesignated, by striking such 4. National harmful algal bloom and hypoxia program The Act is amended by inserting after section 603 the following: 603A. National harmful algal bloom and hypoxia program (a) Establishment Not later than 1 year after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (1) a statement of objectives, including understanding, detecting, predicting, controlling, mitigating, and responding to marine and freshwater harmful algal bloom and hypoxia events; and (2) the comprehensive research plan and action strategy under section 603B. (b) Periodic revision The Task Force shall periodically review and revise the Program, as necessary. (c) Task force functions The Task Force shall— (1) coordinate interagency review of the objectives and activities of the Program; (2) expedite the interagency review process by ensuring timely review and dispersal of required reports and assessments under this title; (3) support the implementation of the Action Strategy, including the coordination and integration of the research of all Federal programs, including ocean and Great Lakes science and management programs and centers, that address the chemical, biological, and physical components of marine and freshwater harmful algal blooms and hypoxia; (4) support the development of institutional mechanisms and financial instruments to further the objectives and activities of the Program; (5) review the Program’s distribution of Federal funding to address the objectives and activities of the Program; (6) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal bloom and hypoxia conditions; and (7) establish such interagency working groups as it considers necessary. (d) Lead Federal agency Except as provided in subsection (h), the National Oceanic and Atmospheric Administration shall have primary responsibility for administering the Program. (e) Program duties In administering the Program, the Under Secretary shall— (1) promote the Program; (2) prepare work and spending plans for implementing the research and activities identified under the Action Strategy; (3) administer peer-reviewed, merit-based, competitive grant funding— (A) to maintain and enhance baseline monitoring programs established by the Program; (B) to support the projects maintained and established by the Program; and (C) to address the research and management needs and priorities identified in the Action Strategy; (4) coordinate with and work cooperatively with regional, State, tribal, and local government agencies and programs that address marine and freshwater harmful algal blooms and hypoxia; (5) coordinate with the Secretary of State to support international efforts on marine and freshwater harmful algal bloom and hypoxia information sharing, research, prediction, mitigation, control, and response activities; (6) identify additional research, development, and demonstration needs and priorities relating to monitoring, prevention, control, mitigation, and response to marine and freshwater harmful algal blooms and hypoxia, including methods and technologies to protect the ecosystems affected by marine and freshwater harmful algal blooms and hypoxia; (7) integrate, coordinate, and augment existing education programs to improve public understanding and awareness of the causes, impacts, and mitigation efforts for marine and freshwater harmful algal blooms and hypoxia; (8) facilitate and provide resources to train State and local coastal and water resource managers in the methods and technologies for monitoring, preventing, controlling, and mitigating marine and freshwater harmful algal blooms and hypoxia; (9) support regional efforts to control and mitigate outbreaks through— (A) communication of the contents of the Action Strategy and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State, tribal, and local stakeholders; and (B) overseeing the development, review, and periodic updating of the Action Strategy; (10) convene at least 1 meeting of the Task Force each year; and (11) perform such other tasks as may be delegated by the Task Force. (f) National Oceanic and Atmospheric Administration activities The Under Secretary shall— (1) maintain and enhance the existing competitive programs at the National Oceanic and Atmospheric Administration relating to harmful algal blooms and hypoxia; (2) carry out marine and Great Lakes harmful algal bloom and hypoxia events response activities; (3) develop and enhance, including with respect to infrastructure as necessary, critical observations, monitoring, modeling, data management, information dissemination, and operational forecasts relevant to harmful algal blooms and hypoxia events; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and (6) increase the availability to appropriate public and private entities of— (A) analytical facilities and technologies; (B) operational forecasts; and (C) reference and research materials. (g) Cooperative efforts The Under Secretary shall work cooperatively and avoid duplication of effort with other offices, centers, and programs within the National Oceanic and Atmospheric Administration, other agencies on the Task Force, and States, tribes, and nongovernmental organizations concerned with marine and freshwater issues to coordinate harmful algal bloom and hypoxia (and related) activities and research. (h) Freshwater With respect to the freshwater aspects of the Program, the Administrator, through the Task Force, shall carry out the duties otherwise assigned to the Under Secretary under this section, except the activities described in subsection (f). (1) Participation The Administrator's participation under this section shall include— (A) research on the ecology and impacts of freshwater harmful algal blooms; and (B) forecasting and monitoring of and event response to freshwater harmful algal blooms in lakes, rivers, estuaries (including their tributaries), and reservoirs. (2) Nonduplication The Administrator shall ensure that activities carried out under this title focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this title or any other law. (i) Integrated coastal and ocean observation system The collection of monitoring and observation data under this title shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. . 5. Comprehensive Research Plan and Action Strategy The Act, as amended by section 4 of this Act, is further amended by inserting after section 603A the following: 603B. Comprehensive Research Plan and Action Strategy (a) In general Not later than 1 year after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (1) the specific activities to be carried out by the Program and the timeline for carrying out those activities; (2) the roles and responsibilities of each Federal agency in the Task Force in carrying out the activities under paragraph (1); and (3) the appropriate regions and subregions requiring specific research and activities to address harmful algal blooms and hypoxia. (b) Regional focus The regional and subregional parts of the Action Strategy shall identify— (1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms and hypoxia; (2) research, development, and demonstration activities needed to develop and advance technologies and techniques for minimizing the occurrence of harmful algal blooms and hypoxia and improving capabilities to detect, predict, monitor, control, mitigate, respond to, and remediate harmful algal blooms and hypoxia; (3) ways to reduce the duration and intensity of harmful algal blooms and hypoxia, including deployment of response technologies in a timely manner; (4) research and methods to address human health dimensions of harmful algal blooms and hypoxia; (5) mechanisms, including the potential costs and benefits of those mechanisms, to protect ecosystems that may be or have been affected by harmful algal bloom and hypoxia events; (6) mechanisms by which data, information, and products may be transferred between the Program and the State, tribal, and local governments and research entities; (7) communication and information dissemination methods that State, tribal, and local governments may undertake to educate and inform the public concerning harmful algal blooms and hypoxia; and (8) roles that Federal agencies may have to assist in the implementation of the Action Strategy, including efforts to support local and regional scientific assessments under section 603(e). (c) Utilizing available studies and information In developing the Action Strategy, the Under Secretary shall utilize existing research, assessments, reports, and program activities, including— (1) those carried out under existing law; and (2) other relevant peer-reviewed and published sources. (d) Development of the Action Strategy In developing the Action Strategy, the Under Secretary shall, as appropriate— (1) coordinate with— (A) State coastal management and planning officials; (B) tribal resource management officials; and (C) water management and watershed officials from both coastal States and noncoastal States with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; and (2) consult with— (A) public health officials; (B) emergency management officials; (C) science and technology development institutions; (D) economists; (E) industries and businesses affected by marine and freshwater harmful algal blooms and hypoxia; (F) scientists with expertise concerning harmful algal blooms or hypoxia from academic or research institutions; and (G) other stakeholders. (e) Federal Register The Under Secretary shall publish the Action Strategy in the Federal Register. (f) Periodic revision The Under Secretary, in coordination and consultation with the individuals and entities under subsection (d), shall periodically review and revise the Action Strategy prepared under this section, as necessary. . 6. Reporting Section 603 is amended by adding at the end the following: (j) Report Not later than 2 years after the date the Action Strategy is submitted under section 603B, the Under Secretary shall submit a report to Congress that describes— (1) the proceedings of the annual Task Force meetings; (2) the activities carried out under the Program, including the regional and subregional parts of the Action Strategy; (3) the budget related to the activities under paragraph (2); (4) the progress made on implementing the Action Strategy; and (5) any need to revise or terminate research and activities under the Program. . 7. Northern Gulf of Mexico hypoxia Section 604 is amended to read as follows: 604. Northern Gulf of Mexico hypoxia (a) Initial progress reports Beginning not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (b) Contents Each report required under this section shall— (1) assess the progress made toward nutrient load reductions, the response of the hypoxic zone and water quality throughout the Mississippi/Atchafalaya River Basin, and the economic and social effects; (2) evaluate lessons learned; and (3) recommend appropriate actions to continue to implement or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008. . 8. Great Lakes hypoxia and harmful algal blooms Section 605 is amended to read as follows: 605. Great Lakes hypoxia and harmful algal blooms (a) Integrated assessment Not later than 18 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (1) Federal agencies; (2) State agencies; (3) regional research consortia; (4) academia; (5) private industry; and (6) nongovernmental organizations. (b) Plan (1) In general Not later than 2 years after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 (2) Contents The plan shall— (A) address the monitoring needs identified in the integrated assessment under subsection (a); (B) develop a timeline and budgetary requirements for deployment of future assets; (C) identify requirements for the development and verification of Great Lakes hypoxia and harmful algal bloom models, including— (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and (D) describe efforts to improve the assessment of the impacts of hypoxia and harmful algal blooms by— (i) characterizing current and past biological conditions in ecosystems affected by hypoxia and harmful algal blooms; and (ii) quantifying effects, including economic effects, at the population and community levels. (3) Requirements In developing the plan, the Task Force shall— (A) coordinate with State and local governments; (B) consult with representatives from academic, agricultural, industry, and other stakeholder groups, including relevant Canadian agencies; (C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies; (D) identify critical research for reducing, mitigating, and controlling hypoxia events and their effects; (E) evaluate cost-effective, incentive-based partnership approaches; (F) ensure that the plan is technically sound and cost effective; (G) utilize existing research, assessments, reports, and program activities; (H) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and (I) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan. . 9. Application with other laws The Act is amended by adding after section 606 the following: 607. Effect on other Federal authority (a) Authority preserved Nothing in this title supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws. (b) Regulatory authority Nothing in this title may be construed as establishing new regulatory authority for any agency. . 10. Definitions; Conforming amendment (a) In general The Act, as amended by section 9 of this Act, is further amended by adding after section 607 the following: 608. Definitions In this title: (1) Action Strategy The term Action Strategy (2) Administrator The term Administrator (3) Harmful algal bloom The term harmful algal bloom (4) Hypoxia The term hypoxia (5) Program The term Program (6) State The term State (7) Task Force The term Task Force (8) Under Secretary The term Under Secretary (9) United States coastal waters The term United States coastal waters . (b) Conforming amendment Section 603(a) is amended by striking (hereinafter referred to as the ‘Task Force’) 11. Authorization of appropriations The Act is further amended by adding after section 608 the following: 609. Authorization of appropriations (a) In general There is authorized to be appropriated to the Under Secretary to carry out sections 603A and 603B $20,500,000 for each of fiscal years 2014 through 2018. (b) Extramural research activities The Under Secretary shall ensure that a substantial portion of funds appropriated pursuant to subsection (a) that are used for research purposes are allocated to extramural research activities. For each fiscal year, the Under Secretary shall publish a list of all grant recipients and the amounts for all of the funds allocated for research purposes, specifying those allocated for extramural research activities. . Lorraine Miller Clerk. | Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 |
Veterans Travel Tax Relief Act of 2013 - Amends the Internal Revenue Code to allow veterans a deduction from gross income, up to $400 a year, for their travel expenses, including those of a family member, to a Department of Veterans Affairs medical center for treatment related to a service-connected disability or for an examination related to a claim for disability compensation or a pension. | 113 S1255 IS: Veterans Travel Tax Relief Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1255 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Heller Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a deduction for travel expenses to medical centers of the Department of Veterans Affairs in connection with examinations or treatments relating to service-connected disabilities. 1. Short title This Act may be cited as the Veterans Travel Tax Relief Act of 2013 2. Deduction for travel expenses of veterans for health care from medical centers of the Department of Veterans Affairs (a) In general Part VII of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225, and by inserting after section 223 the following new section: 224. Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs (a) Allowance of Deduction In the case of an individual, there shall be allowed as a deduction the qualified travel expenses for the taxable year. (b) Limitations (1) Dollar limitation The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed $400. (2) Limitation based on adjusted gross income The amount allowable as a deduction under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as— (A) the amount (if any) by which the taxpayer’s adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to (B) $10,000 ($20,000 in the case of a joint return). (3) Adjustments for inflation In the case of a taxable year beginning after 2013, each of the dollar amounts in paragraph (2) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 calendar year 1992 If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (c) Qualified travel expenses For purposes of this section— (1) In general The term qualified travel expenses (A) treatment relating to a service-connected disability, or (B) examination conducted by the Secretary of Veterans Affairs relating to a claim for disability compensation or pension under the laws administered by the Secretary of Veterans Affairs. (2) Reimbursements by Department of Veterans Affairs The term qualified travel expenses (3) Limitation Travel expenses incurred by a veteran shall not be taken into account under paragraph (1) unless— (A) the principal place of abode of the veteran is more than 25 miles from the medical center in which the treatment is provided or examination conducted, and (B) such medical center is the nearest medical center of the Department of Veterans Affairs to such place of abode. (4) Travel expenses The term travel expenses (d) Other definitions For purposes of this section— (1) Veteran The term veteran section 101(2) (2) Service-connected disability The term service-connected disability (3) Family member The members of an individual’s family shall be determined under section 4946(d); except that such members also shall include the brothers and sisters (whether by the whole or half blood) of the individual and their spouses. . (b) Deduction allowed whether or not taxpayer itemizes other deductions Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting before the last sentence the following new paragraph: (22) Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs The deduction allowed by section 224. . (c) Clerical Amendments The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: Sec. 224. Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs. Sec. 225. Cross reference. . (d) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | Veterans Travel Tax Relief Act of 2013 |
Preventing Antibiotic Resistance Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to require an applicant for approval of a new animal drug that is a medically important antimicrobial to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Requires the Secretary of Health and Human Services (HHS) to refuse approval if the applicant fails to make such a demonstration. Defines “medically important antimicrobial” as a drug intended for use in food-producing animals and composed wholly or partly of: (1) any kind of specified antibiotics, including penicillin and tetracycline; or (2) a drug from an antimicrobial class that is listed on the World Health Organization’s list of critically important antimicrobials. Requires the Secretary to withdraw approval for the nontherapeutic use in food-producing animals of a medically important antimicrobial marketed for human use unless the Secretary makes a final written determination that, based on either the application holder's demonstration or an HHS risk analysis, there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the drug's nontherapeutic use. Requires the Secretary to rescind approval of an exemption for investigational use of, or of approval of a new drug application for, a medically important antimicrobial for its nontherapeutic use in a food-producing animal two years after the exemption is granted or the application for approval is submitted. Exempts from this requirement any drugs for which there has been found a reasonable certainty of no harm to human health. Prohibits the administration of a medically important antimicrobial (including by means of animal feed) to a food-producing animal for nonroutine disease control unless there is a significant risk that a disease or infection present on the premises will be transmitted to the food-producing animal. Requires the administration of the antimicrobial to be: (1) necessary to prevent or reduce the risk of transmission; (2) for the shortest duration possible to prevent or reduce the risk of transmission; and (3) at a scale no greater than the barn, house, or pen level and to the fewest animals possible to prevent or reduce the risk of transmission. | 113 S1256 IS: Preventing Antibiotic Resistance Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1256 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mrs. Feinstein Ms. Collins Mr. Reed Ms. Cantwell Mrs. Boxer Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases. 1. Short title This Act may be cited as the Preventing Antibiotic Resistance Act of 2013 2. Findings The Congress finds the following: (1) (A) In 1977, the Food and Drug Administration concluded that feeding livestock low doses of antibiotics used in human disease treatment could promote the development of antibiotic-resistance in bacteria. However, the Food and Drug Administration did not act in response to these findings, despite laws requiring the agency to do so. (B) In 2012, the Food and Drug Administration was ordered by a Federal court to address the use of antibiotics in livestock, as the result of a lawsuit filed against the agency citing the agency’s failure to act in response to the 1977 findings. (2) (A) In 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of $4,000,000,000 to $5,000,000,000 in costs to United States society and individuals yearly. (B) In 2009, Cook County Hospital and the Alliance for Prudent Use of Antibiotics estimated that the total health care cost of antibiotic resistant infections in the United States was between $16,600,000,000 and $26,000,000,000 annually. (3) An April 1999 study by the Government Accountability Office concluded that resistant strains of 3 microorganisms that cause foodborne illness or disease in humans (Salmonella, Campylobacter, and E. coli) are linked to the use of antibiotics in animals. (4) (A) Large-scale, voluntary surveys by the Department of Agriculture’s Animal and Plant Health Inspection Service in 1999, 2001, and 2006 revealed that— (i) 84 percent of grower-finisher swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer antimicrobials in the feed or water for health or growth promotion reasons; and (ii) many of the antimicrobials identified are identical or closely related to drugs used in human medicine, including tetracyclines, macrolides, Bacitracin, penicillins, and sulfonamides. (B) Such drugs are used in people to treat serious diseases such as pneumonia, scarlet fever, rheumatic fever, sexually transmitted infections, skin infections, and even pandemics like malaria and plague, as well as bioterrorism agents such as anthrax. (5) (A) Any overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture. (B) Recognizing the public health threat caused by antibiotic resistance, Congress took several steps to curb antibiotic overuse in human medicine through amendments to the Public Health Service Act ( 42 U.S.C. 201 et seq. Public Law 106–505 (6) In January 2001, a Federal interagency task force— (A) released an action plan to address the continuing decline in effectiveness of antibiotics against common bacterial infections, referred to as antibiotic resistance; (B) determined that antibiotic resistance is a growing menace to all people and poses a serious threat to public health; and (C) cautioned that if current trends continue, treatments for common infections will become increasingly limited and expensive, and, in some cases, nonexistent. (7) The United States Geological Survey reported in March 2002 that— (A) antibiotics were present in 48 percent of the streams tested nationwide; and (B) almost half of the tested streams were downstream from agricultural operations. (8) The peer-reviewed journal Clinical Infectious Diseases (A) was based on a 2-year review by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture; and (B) recommended that antimicrobial agents should no longer be used in agriculture in the absence of disease, but should be limited to therapy for diseased individual animals and prophylaxis when disease is documented in a herd or flock. (9) In a March 2003 report, the National Academy of Sciences stated that— (A) a decrease in antimicrobial use in human medicine alone will have little effect on the current situation; and (B) substantial efforts must be made to decrease inappropriate overuse in animals and agriculture. (10) The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (A) requires that all drugs be shown to be safe before the drugs are approved; and (B) places the burden on manufacturers to account for health consequences and prove safety. (11) (A) In 2003, the Food and Drug Administration modified the drug approval process for antibiotics to recognize the development of resistant bacteria as an important aspect of safety, but most antibiotics currently used in animal production systems for nontherapeutic purposes were approved before the Food and Drug Administration began considering resistance during the drug-approval process. (B) The Food and Drug Administration has not established a schedule for reviewing those existing approvals. (12) (A) In an April 2004 report, the Government Accountability Office— (i) concluded that Federal agencies do not collect the critical data on antibiotic use in animals that they need to support research on human health risks; and (ii) recommended that the Department of Agriculture and the Department of Health and Human Services develop and implement a plan to collect data on antibiotic use in animals. (B) In a September 2011 update to that report, the Government Accountability Office— (i) concluded that Federal agencies had made limited progress in addressing antibiotic use in animals; (ii) recommended that Federal agencies fund research on alternatives to current antibiotic use practices; and (iii) recommended that Federal agencies track the effectiveness of policies that curb antibiotic resistance, including the Food and Drug Administration’s voluntary guidelines reducing antibiotic use in food animals. (13) In 2009, the Congressional Research Service concluded that, without restrictions on the use of antimicrobial drugs in the production of livestock, export markets for livestock and poultry could be negatively impacted due to restrictions on the use of antibiotics in other nations. (14) In 2010, the peer-reviewed journal Molecular Cell (15) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci. (16) In 2011, the Food and Drug Administration determined that— (A) 13,500,000 kilograms of antibacterial drugs were sold for use on food animals in the United States in 2010; (B) 3,300,000 kilograms of antibacterial drugs were used for human health in 2010; and (C) 80 percent of antibacterial drugs disseminated in the United States in 2010 were sold for use on food animals, rather than being used for human health. (17) In 2011, a review of all scientific studies on antimicrobial use in farm animals, published in Clinical Microbiology Reviews, found that— (A) use of antibiotics in food animals leads to development of reservoirs of antibiotic resistance; (B) a ban on nontherapeutic antibiotic use in food animals would preserve the use of such antibiotics for medicine; and (C) a Danish ban on nontherapeutic antibiotics in food animals resulted in little change in animal morbidity and mortality, and only a modest increase in production cost. (18) In April 2012, the Food and Drug Administration issued voluntary guidance to industry on reducing antibiotic use in livestock and poultry. As part of that guidance, it summarized over 35 years of peer-reviewed scientific literature regarding use of antimicrobial drugs in livestock. As a result, the Food and Drug Administration stated strategies for controlling antibiotic resistance are needed, and are seeking voluntarily limits on antibiotic use. (19) (A) In January 2013, Consumer Reports published test results on pork products bought in grocery stores nationwide showing disturbingly high levels of Salmonella and Yersinia enterocolitica bacteria that were resistant to the antibiotics used to treat foodborne illnesses. A 2003 Consumer Report study showed similar results in poultry products. (B) The Food and Drug Administration’s National Antimicrobial Resistance Monitoring System routinely finds that retail meat products are contaminated with bacteria (including the foodborne pathogens Campylobacter and Salmonella) that are resistant to antibiotics important in human medicine. The 2011 National Antimicrobial Resistance Monitoring System report found that the percentage of meat containing antibiotic resistant bacteria increases each year and that many of these bacteria exhibit multiple antibiotic resistance. (20) Antibiotic resistance, resulting in a reduced number of effective antibiotics, may significantly impair the ability of the United States to respond to terrorist attacks involving bacterial infections or a large influx of hospitalized patients. (21) Many scientific studies confirm that the nontherapeutic use of antibiotics in agricultural animals contribute to the development of antibiotic-resistant bacterial infections in people. (22) Epidemiological research has shown that resistant Salmonella and Campylobacter infections are associated with increased numbers of ill patients and bloodstream infections, and increased death. (23) The American Medical Association, the American Public Health Association, the National Association of County and City Health Officials, and the National Sustainable Agriculture Coalition are among the more than 400 organizations representing health, consumer, agricultural, environmental, humane, and other interests that have supported enactment of legislation to phase out nontherapeutic use in farm animals of medically important antimicrobials. 3. Purpose The purpose of this Act is to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases. 4. Proof of safety of medically important antimicrobials (a) Applications pending or submitted after enactment Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(d)(1) (1) in the first sentence— (A) in subparagraph (H), by striking or (B) in subparagraph (I), by inserting or (C) by inserting after subparagraph (I) the following: (J) with respect to a medically important antimicrobial (as defined in subsection (q)), the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use (as defined in subsection (q)) of the medically important antimicrobial or drug; ; and (2) in the second sentence, by striking (A) through (I) (A) through (J) (b) Phased elimination of nontherapeutic use in animals of medically important antimicrobials Section 512 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b (q) Phased elimination of nontherapeutic use in animals of medically important antimicrobials (1) Applicability This subsection applies to the nontherapeutic use in a food-producing animal of a drug— (A) that is a medically important antimicrobial; (B) for which there is in effect an approval of an application or an exemption under subsection (b), (i), or (j) of section 505; or (C) that is otherwise marketed for human use. (2) Withdrawal The Secretary shall withdraw the approval of a nontherapeutic use in food-producing animals of a drug described in paragraph (1) on the date that is 2 years after the date of enactment of this subsection unless— (A) before the date that is 2 years after the date of the enactment of this subsection, the Secretary makes a final written determination that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug; or (B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the drug conducted by the Secretary and other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug. (3) Exemptions Except as provided in paragraph (5), if the Secretary grants an exemption under section 505(i) for a drug that is a medically important antimicrobial, the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial, effective on the date that is 2 years after the date on which the Secretary grants the exemption. (4) Approvals Except as provided in paragraph (5), if an application for a drug that is a medically important antimicrobial is submitted to the Secretary under section 505(b), the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial, effective on the date that is 2 years after the date on which the application is submitted to the Secretary. (5) Exceptions Paragraph (3) or (4), as applicable, shall not apply if— (A) before the date on which approval would be rescinded under that paragraph, the Secretary makes a final written determination that the holder of the application for the approved nontherapeutic use has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use in the food-producing animal of the medically important antimicrobial; or (B) before the date specified in subparagraph (A), the Secretary makes a final written determination, with respect to a risk analysis of the medically important antimicrobial conducted by the Secretary and any other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the medically important antimicrobial. (6) Definitions In this subsection: (A) The term medically important antimicrobial (i) is intended for use in food-producing animals; and (ii) is composed wholly or partly of— (I) any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, aminoglycoside, sulfonamide, or cephalosporin; or (II) a drug from an antimicrobial class that is listed as highly important critically important important Critically Important Antimicrobials for Human Medicine (B) The term therapeutic use (C) The term nontherapeutic use (i) means administration of antibiotics to an animal through feed or water (or, in poultry hatcheries, through any means) for purposes (such as growth promotion, feed efficiency, weight gain, or disease prevention) other than therapeutic use or nonroutine disease control; and (ii) includes any repeated or regular pattern of use of medically important antimicrobials for purposes other than therapeutic use or nonroutine disease control. (D) The term noncustomary situation (E) The term nonroutine disease control . 5. Limitations on use of medically important antimicrobials for nonroutine disease control (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 (ccc) The administration of a medically important antimicrobial to a food-producing animal for nonroutine disease control in violation of the requirements of section 512A. . (b) Requirements Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 of such Act (21 U.S.C. 360b) the following: 512A. Limitations on use of medically important antimicrobials for nonroutine disease control (a) Prohibition It shall be unlawful to administer (including by means of animal feed) a medically important antimicrobial to a food-producing animal for nonroutine disease control unless— (1) (A) there is a significant risk that a disease or infection present on, or likely present on, the premises will be transmitted to the food-producing animal; (B) the administration of the medically important antimicrobial to the food-producing animal is necessary to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1); (C) the medically important antimicrobial is administered to the food-producing animal for nonroutine disease control for the shortest duration possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1) to the animal; and (D) the medically important antimicrobial is administered— (i) at a scale no greater than the barn, house, or pen level; and (ii) to the fewest animals possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1); or (2) the Secretary determines that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to such use of the medically important antimicrobial and such use does not threaten the public health. (b) Definitions In this section: (1) The term food-producing animal (2) The terms medically important antimicrobial nonroutine disease control . (c) Applicability The amendments made by this section apply beginning on the date that is 2 years after the date of the enactment of this Act. 6. Sense of the Senate regarding veterinary oversight of use of medically important antimicrobials (a) In general It is the sense of the Senate that a valid veterinarian-client-patient relationship should exist to ensure that medically important antimicrobials are used in a manner that is consistent with professionally accepted best practices. (b) Veterinarian-Client-Patient relationship In ths section, the term veterinarian-client-patient relationship (1) The veterinarian has assumed the responsibility for making medical judgments regarding the health of the patient and the client has agreed to follow the veterinarian's instructions. (2) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of— (A) a timely examination of the patient by the veterinarian; or (B) medically appropriate and timely visits by the veterinarian to the premises where the animal or animals are kept. (3) The veterinarian is readily available for follow-up evaluation or has arranged for veterinary emergency coverage and continuing care and treatment. (4) The veterinarian provides oversight of treatment, compliance, and outcome. (5) Patient records are maintained. | Preventing Antibiotic Resistance Act of 2013 |
Protect American Investments Act of 2013 - Prohibits a U.S.-based company, entity, or person from paying a financial transaction tax imposed by a foreign country on any covered financial transaction. Defines "covered financial transaction" as a financial transaction occurring on a U.S. exchange or over-the-counter within the United States, notwithstanding the nationality of the issuer of such security or the residence of any party to the transaction. Requires the Secretary of the Treasury to: (1) promulgate regulations or other guidance to carry out this Act; (2) not assist any foreign government in collecting any excise tax, related penalty, or related judgment on any covered financial transaction; and (3) apply provisions of the Convention Between the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital to exempt covered financial transactions. | 113 S1257 IS: Protect American Investments Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1257 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Roberts Committee on Finance A BILL To protect financial transactions in the United States from enforcement of certain excise taxes imposed by any foreign government, and for other purposes. 1. Short title This Act may be cited as the Protect American Investments Act of 2013 2. Prohibition on the United States persons paying foreign financial transaction tax (a) In general A United States based company, entity, or person shall be prohibited from paying a financial transaction tax which is imposed by a foreign country on any covered financial transaction. (b) Actions by Secretary The Secretary of the Treasury— (1) not later than 90 days after the date of the enactment of this Act, shall promulgate such regulations or other guidance, and (2) may take such other actions, as may be necessary or appropriate to carry out subsection (a). 3. Prohibition on United States assistance in collecting certain taxes, etc The Secretary of the Treasury may not assist any foreign government with respect to the collection of any excise tax, related penalty, or related judgment by a court of a foreign country or by a foreign government on any covered financial transaction. 4. Protection of financial transactions in the United States from enforcement of excise tax imposed by France The Secretary of the Treasury shall apply paragraph 4 of Article 29 of the Convention Between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital, entered into force on or after January 1, 1996, to exempt covered financial transactions. 5. Definitions For purposes of this Act— (1) Covered financial transaction The term covered financial transaction (2) Secretary of the Treasury The term Secretary of the Treasury | Protect American Investments Act of 2013 |
Earmark Elimination Act of 2013 - Makes it out of order in the Senate to consider a bill or resolution introduced in either chamber or any other measure that includes an earmark. Permits waiver of any or all such points of order by an affirmative vote of two-thirds of the Members. Makes this Act inapplicable to any authorization of appropriations to a federal entity if such authorization is not specifically targeted to a state, locality, or congressional district. | 113 S126 IS: Earmark Elimination Act of 2013 U.S. Senate 2013-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 126 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2013 Mr. Toomey Mrs. McCaskill Mr. Rubio Ms. Ayotte Mr. Portman Mr. Johanns Mr. Flake Mr. Johnson of Wisconsin Mr. Scott Mr. Udall of Colorado Committee on Rules and Administration A BILL To prohibit earmarks. 1. Short title This Act may be cited as the Earmark Elimination Act of 2013 2. Prohibition on earmarks (a) Bills and joint resolutions, amendments, amendments between the Houses, and conference reports (1) In general It shall not be in order in the Senate to consider a bill or resolution introduced in the Senate or the House of Representatives, amendment, amendment between the Houses, or conference report that includes an earmark. (2) Procedure Upon a point of order being made by any Senator pursuant to paragraph (1) against an earmark, and such point of order being sustained, such earmark shall be deemed stricken. (b) Conference report and amendment between the Houses procedure When the Senate is considering a conference report on, or an amendment between the Houses, upon a point of order being made by any Senator pursuant to subsection (a), and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable under the same conditions as was the conference report. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) Waiver Any Senator may move to waive any or all points of order under this section by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (d) Definitions (1) Earmark For the purpose of this section, the term earmark (A) providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; (B) that— (i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (C) modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities. (2) Determination by the Senate In the event the Chair is unable to ascertain whether or not the offending provision constitutes an earmark as defined in this subsection, the question of whether the provision constitutes an earmark shall be submitted to the Senate and be decided without debate by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (e) Application This section shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality or congressional district. | Earmark Elimination Act of 2013 |
Energy Efficient Government Technology Act - Amends the National Energy Conservation Policy Act, with respect to federal agency energy management, to require each agency to collaborate with the Director of the Office of the Management and Budget (OMB) to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technologies (ICT) and practices that is based on the agency's operating requirements and statutory mission. Includes as part of such a strategy consideration of ICT and related infrastructure and practices. Requires the OMB Director to: (1) establish performance goals for evaluating the efforts of agencies in improving such technology systems and practices; and (2) maintain a data centers task force responsible for sharing progress toward individual agency goals and the overall target for increased energy efficiency, including through exchanges of best practices and energy efficiency information with the private sector. Sets forth reporting requirements. Amends the Energy Independence and Security Act of 2007, with respect to data center energy efficiency, to require: publication of the designation of the information technology industry organization that coordinates the voluntary national information program for such centers; updating and publication of a report on server and data center efficiency, including an analysis of the impact of ICT asset and related infrastructure utilization solutions; maintenance of a data center energy practitioner program that leads to the certification of practitioners qualified to evaluate energy usage and efficiency opportunities; evaluation of agency data centers every four years by such certified energy practitioners employed by the agency; establishment of an open data initiative for federal data center usage data; consideration of the online Data Center Maturity Model in establishing the initiative; active participation by the Secretary of Energy (DOE) in efforts to harmonize global specifications and metrics for data center energy efficiency; and assistance by the Secretary in the development of an efficiency metric that measures the energy efficiency of the overall data center. | 113 S1261 IS: Energy Efficient Government Technology Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1261 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Udall of Colorado Mr. Risch Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. 1. Short title This Act may be cited as the Energy Efficient Government Technology Act 2. Energy-efficient and energy-saving information and communications technologies Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: (h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information and Communications Technologies (1) In general Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the Director (2) Content Each implementation strategy shall be flexible, cost-effective, and based on the specific operating requirements and statutory mission of the agency. (3) Administration In developing an implementation strategy, each Federal agency shall— (A) consider information and communications technologies (referred to in this subsection as ICT (i) advanced metering infrastructure; (ii) ICT services and products; (iii) efficient data center strategies and methods of increasing ICT asset and related infrastructure utilization; (iv) ICT and related infrastructure power management; (v) building information modeling, including building energy management; and (vi) secure telework and travel substitution tools; and (B) ensure that the agency realizes the savings and rewards brought about through increased efficiency and utilization. (4) Performance goals (A) In general Not later than 180 days after the date of enactment of this subsection, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technology systems and practices. (B) Energy efficient data centers The Director shall include within the performance goals established under this paragraph— (i) specifications and benchmarks that will enable Federal data center operators to make more informed decisions about the energy efficiency and cost savings of data centers, including an overall Federal target for increased energy efficiency, with initial reliance on the Power Usage Effectiveness metric; (ii) overall asset utilization; and (iii) recommendations and best practices for how the benchmarks will be attained, with the recommendations to include a requirement for agencies to evaluate the use of energy savings performance contracting and utility energy services contracting as preferred acquisition methods. (C) Administration The performance goals established under this paragraph shall— (i) measure information technology costs over a specific time period of 3 to 5 years; (ii) measure cost savings attained via the use of energy-efficient and energy-saving information and communications solutions during the same time period; and (iii) provide, to the maximum extent practicable, a complete picture of all costs and savings, including energy costs and savings. (5) Federal data centers task force (A) In general The Director shall maintain a Governmentwide Data Center Task Force comprised of Federal data center program managers, facilities managers, and sustainability officers. (B) Duties The members of the task force shall— (i) be responsible for working together to share progress toward individual agency goals and the overall Federal target for increased energy efficiency; and (ii) regularly exchange best practices and other strategic information related to energy efficiency with the private sector. (6) Reports (A) Agency reports Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17143 (B) OMB Government efficiency reports and scorecards Effective beginning not later than October 1, 2013, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17144 . 3. Energy efficient data centers Section 453 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112 (1) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general Not later than 30 days after the date of enactment of the Energy Efficient Government Technology Act (A) designate an established information technology industry organization to coordinate the program described in subsection (b); and (B) make the designation public, including on an appropriate website. ; (2) by striking subsections (e) and (f) and inserting the following: (e) Study The Secretary, with assistance from the Administrator, shall— (1) not later than December 31, 2013, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (120 Stat. 2920), that provides— (A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2012; (B) an analysis considering the impact of information and communications technologies asset and related infrastructure utilization solutions, to include virtualization and cloud computing-based solutions, in the public and private sectors; and (C) updated projections and recommendations for best practices; and (2) collaborate with the organization designated under subsection (c) in preparing the report. (f) Data center energy practitioner program (1) In general The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. (2) Evaluations Each Federal agency shall have the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency. ; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: (g) Open data initiative (1) In general The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center innovation while protecting United States national security interests. (2) Administration In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. (i) ICT asset utilization metric The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center, including information and communications technology systems and related infrastructure. . | Energy Efficient Government Technology Act |
Veterans Conservation Corps Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to establish a veterans conservation corps to assist veterans in the transition from service in the Armed Forces to civilian life and to employ veterans: (1) in conservation, resource management, and historic preservation projects on public lands; (2) in maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (3) as firefighters, law enforcement officers, and disaster relief personnel. Requires priority to be given to the employment of veterans who served on active duty on or after September 11, 2001. Requires, as part of the veterans conservation corps: (1) the Secretary of Homeland Security (DHS) to award grants under the Federal Fire Prevention and Control Act of 1974 to hire veterans as firefighters; (2) the Attorney General to award grants under the public safety and community policing grant program (COPS ON THE BEAT grant program) under the Omnibus Crime Control and Safe Streets Act of 1968 to hire veterans as law enforcement officers; and (3) the DHS Secretary to provide funds to increase participation by veterans in the Federal Emergency Management Agency (FEMA) Corps program. Authorizes the VA Secretary to transfer amounts to carry out the corps to the Attorney General, the Chief of Engineers, and the Secretaries of Agriculture, Commerce, DHS, and Interior. Directs the VA Secretary to establish a steering committee to establish selection criteria for, and provide advice to the VA Secretary on, the awarding of assistance under this Act. | 113 S1262 IS: Veterans Conservation Corps Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1262 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Nelson Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to establish a veterans conservation corps, and for other purposes. 1. Short title This Act may be cited as the Veterans Conservation Corps Act of 2013 2. Veterans Conservation Corps (a) Establishment The Secretary of Veterans Affairs shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Interior, and the Chief of Engineers, establish a veterans conservation corps to assist veterans in the transition from service in the Armed Forces to civilian life and to employ veterans— (1) in conservation, resource management, and historic preservation projects on public lands and maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (2) as firefighters, law enforcement officers, and disaster relief personnel. (b) Conservation, resource management, historic preservation, and cemetery maintenance and improvement projects (1) In general As part of the veterans conservation corps, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the Chief of Engineers shall— (A) employ veterans to carry out projects described in subsection (a)(1); or (B) award grants to, or enter into contracts with, State governments, local governments, or nongovernmental entities to employ veterans to carry out projects described in subsection (a)(1). (2) Priority In employing or awarding grants or contracts to employ veterans under this subsection, the Secretaries referred to in paragraph (1) and the Chief of Engineers shall give priority towards the employment of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (3) Coordination The Secretary of Veterans Affairs shall coordinate the activities of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the Chief of Engineers to employ veterans as part of the veterans conservation corps. (4) Oversight of projects The Secretaries referred to in paragraph (1) and the Chief of Engineers shall each provide oversight of the projects for which they employ veterans under subparagraph (A) of such paragraph or award grants or enter into contracts under subparagraph (B) of such paragraph. (c) First responders (1) Firefighters As part of the veterans conservation corps, the Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a (2) Law enforcement officers As part of the veterans conservation corps, the Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. (3) Disaster relief personnel As part of the veterans conservation corps, the Secretary of Homeland Security shall provide funds to increase participation by veterans in the FEMA Corps program, which is a partnership between the Corporation for National and Community Service and the Federal Emergency Management Agency. (4) Priority In awarding grants or providing funds under this subsection to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Assistance (1) In general The Secretary of Veterans Affairs may provide assistance to the Secretaries referred to in subsection (a), the Attorney General, and the Chief of Engineers to carry out the veterans conservation corps. Such assistance may take the form of a transfer under paragraph (2). (2) Transfers Except as otherwise provided in this subsection, of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section, the Secretary of Veterans Affairs may transfer such amounts as the Secretary considers appropriate to carry out the veterans conservation corps to the following: (A) The Attorney General. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of Homeland Security. (E) The Secretary of the Interior. (F) The Chief of Engineers. (3) Assistance for conservation, resource management, historic preservation, and cemetery maintenance and improvement projects (A) Application If a Secretary referred to in subsection (b)(1) or the Chief of Engineers seeks assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection, such Secretary or the Chief of Engineers shall submit to the Secretary of Veterans Affairs an application therefor at such time, in such manner, and containing such information as the Secretary of Veterans Affairs may require. (B) Selection The Secretary of Veterans Affairs shall, in consultation with the steering committee established under subparagraph (C), award assistance under this paragraph in accordance with such criteria as the steering committee establishes. (C) Steering committee (i) In general The Secretary of Veterans Affairs shall establish a steering committee— (I) to establish selection criteria for the awarding of assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection; and (II) to provide the Secretary of Veterans Affairs with advice on awarding assistance under this subsection with respect to projects described in subsection (a)(1) and carrying out the requirements of the veterans conservation corps under subsection (b). (ii) Composition The steering committee shall be composed of the following: (I) The Secretary of Veterans Affairs. (II) The Secretary of Agriculture. (III) The Secretary of Commerce. (IV) The Secretary of the Interior. (V) The Chief of Engineers. (iii) Chairperson The chairperson of the steering committee shall be the Secretary of Veterans Affairs. (iv) Advisory input The Secretary of Defense, the Secretary of Labor, and the Chief Executive Officer of the Corporation for National and Community Service may provide advice to the steering committee. (4) Assistance for first responders Not more than 10 percent of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section may be transferred to the Attorney General and the Secretary of Homeland Security to employ veterans under subsection (c). (e) Reporting framework The Secretary of Veterans Affairs shall establish a reporting framework to regularly monitor and evaluate the veterans conservation corps to ensure proper oversight and accountability of the veterans conservation corps. (f) Outreach The Secretary of Veterans Affairs shall ensure that veterans employed under the veterans conservation corps are aware of benefits and assistance available to them under laws administered by the Secretary of Veterans Affairs. (g) Authorization of appropriations (1) In general There is available without further appropriation to the Secretary of Veterans Affairs to carry out this section, $600,000,000 for the period of fiscal years 2014 through 2018. (2) Limitation Of amounts appropriated or otherwise made available to carry out this section, not more than five percent may be spent to administer the veterans conservation corps. (h) Veteran defined In this section, the term veteran section 101 | Veterans Conservation Corps Act of 2013 |
Douglas County Conservation Act of 2013 - Designates specified federal land managed by the Bureau of Land Management (BLM), to be known as the Burbank Canyons Wilderness, as a component of the National Wilderness Preservation System. Releases BLM land in any part of the Burbank Canyon Wilderness not designated as wilderness by this Act from further study for designation as wilderness. Transfers all interest of the United States in certain land which shall be held in trust for the Washoe Tribe of Nevada and California, and which shall become part of the Tribe's reservation. Directs the Secretary of Agriculture (USDA) to implement a cooperative management agreement for the land identified as the Cooperative Management Area in order to: (1) preserve cultural resources, (2) ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes, and (3) protect recreational uses. Requires the Secretary concerned to convey certain Forest Service land (Lake Tahoe-Nevada State Park) to the state of Nevada, to be used for the conservation of wildlife or natural resources or for a public park. (Defines "Secretary concerned" as the Secretary of Agriculture. acting through the Chief of the Forest Service, for National Forest System lands, and the Secretary of the Interior for land managed by BLM.) Directs the Secretary of Agriculture to make publicly available a prospectus to solicit one or more concessionaires for the lands identified as the Round Hill Pines Resort and Zephyr Shoals. Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, to transfer from the Forest Service to Nevada, Douglas County (the county), or the applicable unit of local government, certain lands or interests which are unsuitable for Forest Service administration or necessary for a public purpose. Authorizes the Secretary concerned to convey or lease specified lands to the county to be managed for flood control and management, water resource infrastructure, recreation and public purposes, or forest service recreation. Directs the Secretary concerned to conduct one or more sales of specified BLM and county lands to qualified bidders. Amends the Southern Nevada Public Land Management Act of 1998 to specify the use of funds for federal land in Douglas County. | 113 S1263 IS: Douglas County Conservation Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1263 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Heller Mr. Reid Committee on Energy and Natural Resources A BILL To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Douglas County Conservation 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. Definitions. TITLE I—Wilderness area Sec. 101. Findings. Sec. 102. Addition to National Wilderness Preservation System. Sec. 103. Administration. Sec. 104. Fish and wildlife management. Sec. 105. Release of wilderness study area. Sec. 106. Native American cultural and religious uses. TITLE II—Tribal cultural resources Sec. 201. Transfer of land to be held in trust for the Washoe Tribe. Sec. 202. Cooperative management agreement. TITLE III—Public conveyances Sec. 301. Conveyance to the State of Nevada. Sec. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area. Sec. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or local government for public purposes. Sec. 304. Conveyance and lease to Douglas County, Nevada. Sec. 305. Sale of certain Federal land. 2. Definitions In this Act: (1) County The term County (2) Public land The term public land public lands 43 U.S.C. 1702 (3) Secretary concerned The term Secretary concerned (A) with respect to National Forest System land, the Secretary of Agriculture. acting through the Chief of the Forest Service; and (B) with respect to land managed by the Bureau of Land Management, including land held for the benefit of the Tribe, the Secretary of the Interior. (4) State The term State (5) Tribe The term Tribe (6) Wilderness The term Wilderness I Wilderness area 101. Findings Congress finds that— (1) public land in the County contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those resources would benefit the County and all of the United States by— (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality. 102. Addition to National Wilderness Preservation System (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. Proposed Burbank Canyon Wilderness Burbank Canyons Wilderness (b) Boundary The boundary of any portion of the Wilderness that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access. (c) National landscape conservation system The Wilderness shall be administered as a component of the National Landscape Conservation System. (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the Wilderness. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct any minor error in the map or legal description. (3) Availability A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 103. Administration (a) In general Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock Within the Wilderness, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue subject to such reasonable regulations, policies, and practices as the Secretary concerned considers to be necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (c) Incorporation of acquired land and interests Any land or interest in land within the boundaries of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) Adjacent management (1) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Existing airstrips Nothing in this Act restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. (g) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (h) Water rights (1) Findings Congress finds that— (A) the Wilderness is located— (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the Wilderness is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) Purpose The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (3) Statutory construction Nothing in this Act— (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law The Secretary concerned shall follow the procedural and substantive requirements of State law so as to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) New projects (A) Definition of water resource facility (i) In general In this paragraph, the term water resource facility (ii) Exclusion The term water resource facility (B) Restriction on new water resource facilities Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within any wilderness area, including a portion of a wilderness area, that is located in the County. 104. Fish and wildlife management (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) (b) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) in a manner that is consistent with relevant wilderness management plans; and (2) in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary concerned, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (d) Hunting, fishing, and trapping (1) In general The Secretary concerned may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) Consultation Except in emergencies, the Secretary concerned shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1). (e) Cooperative agreement (1) In general The State may conduct wildlife management activities in the Wilderness— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary of the Interior and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 (B) subject to all applicable laws (including regulations). (2) References; clark county For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness. 105. Release of wilderness study area (a) Finding Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 (b) Release Any public land described in subsection (a) that is not designated as wilderness by this Act— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) shall be managed in accordance with— (A) land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 (B) cooperative conservation agreements in existence on the date of enactment of this Act. 106. Native American cultural and religious uses Nothing in this title diminishes— (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. II Tribal cultural resources 201. Transfer of land to be held in trust for the Washoe Tribe (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) shall be held in trust by the United States for the benefit of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) consists of the approximately 1,178 acres of land, as generally depicted on the Map as To Washoe Tribe (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 202. Cooperative management agreement (a) In general The Secretary of Agriculture, in consultation with the Tribe and County, shall develop and implement a cooperative management agreement for the land described in subsection (b)— (1) to preserve cultural resources; (2) to ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes; and (3) to protect recreational uses. (b) Description of land The land referred to in subsection (a) consists of the approximately 1,811 acres of land, as generally depicted on the Map as Cooperative Management Area III Public conveyances 301. Conveyance to the State of Nevada (a) Conveyance Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall convey to the State, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) is the approximately 67 acres of Forest Service land, as generally depicted on the Map as Lake Tahoe-Nevada State Park (c) Costs Any costs relating to the conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State. (d) Use of land (1) In general Any land conveyed to the State under subsection (a) shall be used only for— (A) the conservation of wildlife or natural resources; or (B) a public park. (2) Facilities Any facility on the land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in subsection (d), that land shall, at the discretion of the Secretary concerned, revert to the United States. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area (a) Prospectus Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall make publicly available a prospectus to solicit one or more concessionaires for— (1) the approximately 200 acres of land as generally depicted on the Map as Round Hill Pines Resort (2) the approximately 416 acres of land as generally depicted on the Map as Zephyr Shoals (b) Exclusions (1) Special use permits This section shall not apply to any land or portion of land described in subsection (a) for which a concessionaire has a contract to operate under a special use permit issued before the date of enactment of this Act. (2) Prior prospectuses This section shall not apply to any land or portion of land described in subsection (a) for which the Secretary of Agriculture has made publicly available before the date of enactment of this Act a prospectus for that land or portion of land. (c) Consultation In carrying out this section, the Secretary of Agriculture shall consult with the Tribe, the County, the State, and other interested parties— (1) to satisfy any requirement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (2) to prepare for the orderly and smooth transition of the operation of the land described in subsection (a) to one or more concessionaires. (d) Treatment of proceeds Any fees received under a concession contract under this section shall remain available to the Forest Service, until expended, without further appropriations, for use within the Lake Tahoe Basin Management Unit under the authorities provided by the Act of April 24, 1950 (commonly known as the Granger-Thye Act (e) Administrative jurisdiction transfer (1) In general If the Secretary of Agriculture has not entered into a concession contract for the land described in subsection (a) by the date that is 2 years after the date on which the prospectus is published under that subsection, consistent with section 3(a) of Public Law 96–586 Santini-Burton Act (2) Exception If the Secretary of Agriculture has taken steps to enter into a concession contract for the land described in subsection (a), including substantial completion of any requirement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (3) Costs Any costs relating to a transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (4) Use of land Any property transferred to the County under paragraph (1) shall— (A) be managed by the County— (i) to maintain undeveloped open space; (ii) to preserve the natural characteristics of the land in perpetuity; and (iii) to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (B) be used for diverse recreation opportunities or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (5) Reversion If any land or portion of land transferred under this section is used in a manner that is inconsistent with this section, the parcel of land shall, at the discretion of the Secretary of Agriculture, revert to the United States. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or unit of local government for public purposes (a) In general Consistent with section 3(b) of Public Law 96–586 Santini-Burton Act (b) Description of land The land referred to in subsection (a) is any Forest Service land that is within the boundaries of the area subject to acquisition that is unsuitable for Forest Service administration or necessary for a public purpose, as depicted on the map entitled Douglas County Conservation Act of 2013 (c) Use of land The land transferred under subsection (a) shall— (1) be managed by the State, County, or unit of local government to maintain undeveloped open space and to preserve the natural characteristics of the transferred land in perpetuity; (2) be managed by the State, County, or unit of local government to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (3) be used by the State, County, or unit of local government for recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (d) Reversion If a parcel of land transferred under subsection (a) is used in a manner that is inconsistent with the use described for the parcel of land in subsection (c), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (e) Legal description and map As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the land transferred under subsection (a). 304. Conveyance and lease to Douglas County, Nevada (a) Definition of map In this section and section 305, the term Map Douglas County, Nevada (b) Authorization of conveyance Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (1) convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b); and (2) lease to the County, without consideration, the approximately 5,232 acres of land identified on the Map as BLM Flood Control (c) Description of land The land referred to in subsection (b)(1) consists of— (1) the approximately 5,441 acres of land as generally depicted on the Map as Flood Control and Management (2) the approximately 45 acres of land as generally depicted on the Map as Water Resource Infrastructure (3) the approximately 2,263 acres of land as generally depicted on the Map as Recreation and Public Purposes (4) the approximately 815 acres of land as generally depicted on the Map as Forest Service recreation parcels. (d) Costs Any costs relating to the conveyance under subsection (b)(1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. (e) Use of land (1) Flood control and management area (A) In general The land described in subsection (c)(1) shall be managed by the County for— (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) recreation, including the construction of trails and trailhead facilities; (iv) the use of motorized vehicles on designated roads, trails, and areas; (v) undeveloped open space, customary agricultural practices, wildlife protection; and (vi) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(1) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (2) Water resource infrastructure (A) In general The land described in subsection (c)(2) shall be managed by the County for— (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) passive recreation; (iv) undeveloped open space and wildlife protection; and (v) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(2) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (3) Recreation and public purposes (A) In general The land described in subsection (c)(3) shall be managed by the County for— (i) undeveloped open space; and (ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (B) Reversion If the land described in subsection (c)(3) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (4) Forest service recreation (A) In general The land described in subsection (c)(4) shall be managed by the County for— (i) undeveloped open space; (ii) customary agricultural practices; (iii) wildlife protection; and (iv) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(4) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. 305. Sale of certain Federal land (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (b) Description of land The Federal land referred to in subsection (a) consists of— (1) the approximately 287 acres of public lands as generally depicted on the Map as BLM Lands for Conveyance (2) not more than 10,000 acres of land in the County that— (A) is not segregated or withdrawn on or after the date of enactment of this Act, unless the land is withdrawn in accordance with subsection (g); and (B) is identified for disposal by the Secretary concerned through— (i) the Carson City Consolidated Resource Management Plan; or (ii) any subsequent amendment to the management plan that is undertaken with full public involvement. (c) Joint selection required The Secretary concerned and the County shall jointly select which Federal land described in subsection (b)(2) to offer for sale under subsection (a). (d) Compliance with local planning and zoning laws Before carrying out a sale of Federal land under subsection (a), the County shall submit to the Secretary concerned a certification that qualified bidders have agreed to comply with— (1) County zoning ordinances; and (2) any master plan for the area approved by the County. (e) Method of sale; consideration The sale of Federal land under subsection (a) shall be— (1) through a competitive bidding process, unless otherwise determined by the Secretary concerned; and (2) for not less than fair market value. (f) Recreation and public purposes act conveyances (1) In general Not later than 30 days before any land described in subsection (b)(2)(B) is offered for sale under subsection (a), the State or County may elect to obtain the land for public purposes in accordance with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (2) Retention Pursuant to an election made under paragraph (1), the Secretary concerned shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (g) Withdrawal (1) In general Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from— (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under mining laws; and (C) operation of the mineral laws, geothermal leasing laws, and mineral material laws. (2) Exception Paragraph (1)(A) shall not apply to a sale made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (h) Deadline for sale (1) In general Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subsection (b), the Secretary concerned shall offer the land for sale to the qualified bidder. (2) Postponement; exclusion from sale At the request of the County, the Secretary concerned may temporarily postpone or exclude from the sale all or a portion of the land described in subsection (b). (i) Disposition of proceeds (1) In general Of the proceeds from the sale of land under this section— (A) 5 percent shall be disbursed to the State for use by the State for general education programs of the State; (B) 10 percent shall be disbursed to the County for use by the County to implement the County Open Space and Agricultural Implementation Plan; and (C) 85 percent shall be deposited in a special account in the Treasury of the United States, to be known as the Douglas County Special Account (i) to reimburse costs incurred by the Secretary concerned in preparing for the sale of the land described in subsection (b), including— (I) the costs of surveys and appraisals; and (II) compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) to reimburse costs incurred by the Bureau of Land Management and the Forest Service in preparing for and carrying out the transfers of land to be held in trust by the United States under title II; and (iii) to acquire environmentally sensitive land or an interest in environmentally sensitive land in the County, pursuant to the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan that is undertaken with full public involvement. (j) Availability of funds Section 4(e) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 (1) in paragraph (3)(A)(iv), by striking Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5)) Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City subject to paragraph (5)), and Douglas County (subject to paragraph (6)) (2) in paragraph (3)(A)(v), by striking Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5)) Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City (subject to paragraph (5)), and Douglas County (subject to paragraph (6)) (3) by adding at the end the following: (6) Limitation for douglas county Douglas County shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks, trails, or natural areas and for conservation initiatives— (A) within the Carson River watershed; (B) within the Walker River watershed; or (C) for the protection of sage grouse. . | Douglas County Conservation Act of 2013 |
Clean Vehicle Corridors Act - Requires the Secretary of Transportation (DOT) to: (1) designate at least five Clean Vehicle Corridors along federal highways, interstates, or other contiguous highways after consulting with specified agencies; and (2) encourage the addition of cleaner alternative fuel options and other supporting infrastructure along the corridors and the inclusion of existing and private facilities in the corridor. Defines "cleaner alternative fuels" to include: (1) compressed natural gas, (2) liquefied natural gas, (3) liquefied petroleum gas (also known as propane), (4) plug-in electric, (5) advanced biofuels, and (6) hydrogen. Authorizes the Secretary to provide waivers of statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors. Requires the Secretary to: (1) maintain a publicly accessible website containing information and resources for corridors, (2) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use in consultation with federal agencies, tribes, states, and Clean Cities, (3) identify all existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure, and (4) collaborate with the Secretary of Energy (DOE) and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns. Authorizes: (1) two or more contiguous states to enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those states; and (2) the Secretary, in consultation with the DOE Secretary, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency (EPA), to provide technical assistance to interstate compact partnerships. | 113 S1264 IS: Clean Vehicle Corridors Act U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1264 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Casey Committee on Environment and Public Works A BILL To foster market development of clean energy fueling facilities by steering infrastructure installation toward designated Clean Vehicle Corridors. 1. Short title This Act may be cited as the Clean Vehicle Corridors Act 2. Findings Congress makes the following findings: (1) Traditional transportation refueling networks are well-established, but market uncertainties continue to hamper the full use of cleaner alternative domestic energy resources. (2) Despite considerable investor interest, higher capital costs and an uncertain consumer base has limited expansion of cleaner alternative refueling options and its customer base. (3) Reduced emissions and energy independence are important factors at a National level, but they are not a sufficient inducement to create large-scale changes. (4) While American-made fuels provide many energy security and environmental benefits, a significant portion of imported oil continues to be consumed as diesel fuel in on-road motor vehicles. (5) Motor vehicles fueled by domestically generated, cleaner alternative transportation fuels, such as compressed natural gas, liquefied natural gas, propane, electricity, hydrogen, and advanced biofuels, can pay for themselves over time, but sales of such vehicles, other than return-to-base vehicles, have been hampered because of insufficient refueling infrastructure. (6) Simultaneous facilitation of infrastructure development and a robust customer base is needed to avoid penalizing current users or early adopters. (7) Facilitating focused infrastructure development along designated routes will foster an expansion of cleaner alternative fuel vehicles and increase the likelihood for commercial success. (8) Eliminating the logistical barriers that are delaying infrastructure development along Clean Vehicle Corridors will— (A) provide cleaner alternative refueling stations with a larger customer base; (B) attract more buyers to the purchase of clean vehicles; and (C) provide new market outlets for clean fuel providers. 3. Purposes The purposes of this Act are— (1) to provide market certainty to drive private and commercial capital investment in clean transportation options; (2) to promote clean transportation technologies that will— (A) lead to increased diversity and dissemination of cleaner alternative fuel options; and (B) enable the United States to bridge the gap from foreign energy imports to secure, domestically produced energy; and (3) to facilitate clean transportation incentives that will— (A) attract a critical mass of clean transportation vehicles that will give cleaner alternative fueling stations an assured customer base and market certitude; (B) provide for ongoing increases in energy demands; (C) support the growth of jobs and businesses in the United States; (D) reduce emissions by motor vehicles; (E) decrease our Nation's use of foreign oil; and (F) encourage innovation in transportation energy and technology. 4. Definitions In this Act: (1) Cleaner alternative fuels The term cleaner alternative fuels (A) compressed natural gas; (B) liquefied natural gas; (C) liquefied petroleum gas (also known as propane); (D) plug-in electric; (E) advanced biofuels (as defined in section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)); (F) hydrogen; and (G) other fuels designated by the Secretary. (2) Clean cities The term Clean Cities Public Law 100–494 Public Law 102–486 (3) Highways The term highways (A) the National Highway System, as established by the Federal Highway Administration; (B) the Dwight D. Eisenhower National System of Interstate and Defense Highways; (C) the National Truck Network, as authorized by the Surface Transportation Assistance Act of 1982 ( Public Law 97–424 (D) other roadways most critical to trucks as determined by the Office of Freight Management and Operations in the Federal Highway Administration and authorized by the Moving Ahead for Progress in the 21st Century Act (MAP–21) (Public Law 112–141). (4) Supporting infrastructure The term supporting infrastructure 5. Clean Vehicle Corridors Program (a) Corridor designations (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary Clean Vehicle Corridors (2) Consultation Before making a designation under paragraph (1), the Secretary shall— (A) consult with the Secretary of Energy regarding the analysis of data collected by both agencies at cleaner alternative fueling projects authorized by this Act and other Acts to better understand usage patterns and petroleum displacement to inform Corridor designation; (B) receive approval from the Secretary of Energy; (C) consult with the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency; (D) consult with State, Tribal, and local governments through whose jurisdictions the proposed corridor runs or abuts; (E) gather information from Federal, State, Tribal, and local governments, nongovernmental organizations, businesses, Clean Cities, and individuals to help determine which highways should be included in the corridors designated under paragraph (1); (F) consider existing programs, whether Federal, State, Tribal, local, or private, which can be leveraged to achieve the purposes of this Act; (G) give preference to corridors that connect Clean Cities, as designated by the Department of Energy; and (H) give consideration to air quality nonattainment areas, as determined by the Administration of the Environmental Protection Agency. (b) Infrastructure development for cleaner alternative fuels (1) In general The Secretary of Transportation shall encourage the addition of cleaner alternative fuel options and other supporting infrastructure along Clean Vehicle Corridors. These refueling stations should provide at least 1 cleaner alternative fuel and allow any motor vehicle that operates on such fuels to refuel at distances comfortably within 1 tank range without the need for prior arrangement. Existing and private facilities should be encouraged to be included in the Clean Vehicle Corridors network. (2) Incentives To promote Clean Vehicle Corridors, the Secretary may provide waivers to statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors, including— (A) modifying HOV/HOT lane restrictions under section 166 (B) modifying weight limits under section 127 (C) deeming Clean Vehicle Corridor projects designated under subsection (a) as eligible projects for an increased Federal funding share under section 1116 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) ( Public Law 112–141 (D) allowing owners and operators of publicly owned supporting infrastructure to designate parking spaces that are conveniently located near major facilities for use by vehicles that use cleaner alternative fuels; (E) allowing the inclusion of cleaner alternative fueling infrastructure projects in State energy conservation plans, in accordance with section 362(d)(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d)(5) (F) giving areas surrounding Clean Cities a priority preference for Department of Energy funding opportunities. (c) Information and resources on Clean Vehicle Corridors (1) Website (A) In general The Secretary of Transportation shall maintain a publicly accessible website containing information and resources for Clean Vehicle Corridors. (B) Best practices The Secretary, in consultation with Federal agencies, Tribes, States, and Clean Cities, shall— (i) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use; and (ii) post the information described in clause (i) on the website referred to in subparagraph (A). (C) Available mechanisms The Secretary shall— (i) identify all existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure; and (ii) post the information described in clause (i) on the website referred to in subparagraph (A). (D) Hyperlink The Secretary shall ensure that the website referred to in subparagraph (A) is linked to the Alternative Fuels Data Center maintained by the Department of Energy. (2) Data gathering The Secretary shall collaborate with the Secretary of Energy and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns, including energy consumption, performance, petroleum displacement, and other factors deemed important by the Secretaries to inform Corridor designation and performance. (3) Interstate compacts (A) Establishment Two or more contiguous States may enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those States. (B) Technical assistance (i) In general The Secretary, in consultation with the Secretary of Energy, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, may provide technical assistance to interstate compact partnerships established pursuant to subparagraph (A). (ii) Federal authority Nothing contained in clause (i) or in any compact may be construed— (I) to limit the applicability of any Federal law; (II) to diminish or otherwise impair the jurisdiction of any Federal agency; or (III) to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact. (C) Congressional review Each compact established pursuant to subparagraph (A) shall acknowledge that Congress may withdraw its consent under this paragraph every 3 years after the compact has taken effect. | Clean Vehicle Corridors Act |
Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 - Directs the Secretary of the Treasury, upon determining that borrowers are unable to secure adequate credit accommodations with existing private education loans, to establish credit facilities to: (1) accommodate reasonable loan adjustments that reduce the likelihood that borrowers become delinquent or default on their loans, (2) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income, and (3) ensure that borrowers pay lower interest rates that are commensurate with credit risk so that they can pursue more economically productive activities. Requires the decision that borrowers are unable to secure adequate credit accommodations to be made by the Secretary jointly with the Secretary of Education and the Bureau of Consumer Financial Protection (CFPB). Prohibits the establishment of such credit mechanisms from resulting in any net cost to the federal government. Directs the Secretary of the Treasury to conduct a national awareness campaign to alert all private education loan borrowers who may benefit from those credit facilities or programs. Terminates any activities initiated through such a credit facility three years after such facility is established or not later than five years after this Act's enactment. Expresses the sense of the Congress that federal financial institutions and federally chartered private entities should consider the timely use of their available authorities to assist borrowers of private education loans in refinancing such loans in a manner that results in no increased costs to taxpayers. | 113 S1266 IS: Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1266 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Brown Ms. Heitkamp Mr. Durbin Mrs. Murray Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To provide for the establishment of a mechanism to allow borrowers of private education loans to refinance their loans, and for other purposes. 1. Short title This Act may be cited as the Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 2. Findings and purpose (a) Findings Congress finds that— (1) there is approximately $1,100,000,000,000 of outstanding student loan debt in the United States, including more than $150,000,000,000 in private education loans; (2) as of 2008, 81 percent of individuals graduating with an undergraduate degree with more than $40,000 in student loans had a private education loan; (3) the limited number of lenders in the private education loan marketplace reduce the ability of borrowers with private education loans to restructure, refinance, or negotiate repayment terms for their current loans, leading to excessive debt burdens and potential default; and (4) excessive student indebtedness reduces economic activity, threatens homeownership, hurts small business growth, and limits opportunities for economic expansion in rural communities. (b) Purpose The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of private education loans to refinance their loans in order— (1) to facilitate greater competition in the private education lending and refinancing markets; (2) to address inefficiencies in the private education lending and refinancing markets; (3) to encourage innovation in the private education refinancing markets; and (4) to promote the participation of private capital in the private education refinancing markets. 3. Definitions In this Act— (1) the term private education loan 15 U.S.C. 1650(a) (2) the term Secretary 4. Temporary authority to create a credit facility to increase market efficiency in the student loan market (a) Authority (1) In general (A) Credit facilities authorization Upon a determination by the Secretary that borrowers are unable to secure adequate credit accommodations with existing private education loans, the Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 (i) accommodate reasonable refinancing opportunities or other loan adjustments that— (I) improve the sustainability of payments for the borrower; and (II) reduce the likelihood of delinquency and default on private education loans; (ii) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income; and (iii) ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (B) Consultation (i) In general Any determination under subparagraph (A) shall be made jointly with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection. (ii) Compliance system Prior to establishing a facility under this subsection, the Secretary, or any administrator designated by the Secretary to establish a program to carry out the authority provided in this subsection, shall establish a compliance system in consultation with the Bureau of Consumer Financial Protection. (2) No net cost to Government Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (b) Federal Register notice Prior to exercising any authority provided under subsection (a), the Secretary shall publish a notice in the Federal Register to seek comment from interested parties on its proposed exercise of such authority, including— (1) the terms and conditions governing the lending, purchases, or other credit facilities authorized by subsection (a); (2) an outline of methodology and factors considered in the purchase or restructuring of private education loans; (3) private education loan modification options that may be available for existing loans; (4) how they will ensure that borrowers whose education debt service obligations represent a disproportionate share of their income will be provided relief; and (5) how the use of the methodology and factors, as proposed in the notice, will be used to ensure that any exercise of authority by the Secretary will result in no net cost to the Federal Government. (c) Initial report Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes— (1) a plan of the Secretary to implement credit mechanisms under the authority of this Act; (2) a description of macroeconomic benefits of increased efficiency and refinance activity in the student loan market; and (3) a description of the benefits through the use of such authority to private education loan borrowers, including how any incidental net gain from the credit mechanism would be used to benefit student borrowers. (d) Annual reports Beginning 1 year after the date of the first use of the authority provided under this section, the Secretary shall provide an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the utilization, impact, and financial performance of any program established under the authority of this section. (e) Public awareness Not later than 60 days after the date of publication of a notice in the Federal Register pursuant to subsection (b), the Secretary, in consultation with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, shall begin a national awareness campaign to alert all private education loan borrowers who may benefit from any program or facilities established under this section. Such campaign shall include outreach to targeted populations of borrowers that are most likely to have private education loan debt service obligations that represent a disproportionate share of their income. (f) Expiration of authority Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease. 5. Sense of Congress It is the sense of Congress that the Federal financial institutions, such as the Federal Financing Bank and the Federal Reserve banks, and federally chartered private entities, such as the Federal home loan banks, should consider, in consultation with the Secretary and the Secretary of Education, using available authorities in a timely manner, if needed, to assist in ensuring that borrowers of private education loans can secure credit accommodations to refinance existing loans, in a manner that results in no increased costs to taxpayers. | Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 |
Qualifying Renewable Chemical Production Tax Credit Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. Defines "renewable chemical" as any chemical that is: (1) produced in the United States from renewable biomass; (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products; and (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25%. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year. | 113 S1267 IS: Qualifying Renewable Chemical Production Tax Credit Act of 2013 U.S. Senate 2013-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1267 IN THE SENATE OF THE UNITED STATES June 27, 2013 Ms. Stabenow Committee on Finance A BILL To cut taxes for innovative businesses that produce renewable chemicals. 1. Short title This Act may be cited as the Qualifying Renewable Chemical Production Tax Credit Act of 2013 2. Credit for the production of renewable chemicals (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Credit for production of renewable chemicals (a) In general For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. (b) Limitation The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). (c) Eligible content For purposes of this section— (1) In general The term eligible content (2) Biobased content percentage The term biobased content percentage (d) Renewable chemical For purposes of this section— (1) In general The term renewable chemical (A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass, (B) is sold, or used, by the taxpayer— (i) for the production of polymers, plastics, or formulated products, or (ii) as polymers, plastics, or formulated products, and (C) is not sold or used for the production of any food, feed, or fuel. (2) Exceptions Such term shall not include any chemical if— (A) the biobased content percentage of such chemical is less than 25 percent, (B) 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, (C) such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or (D) such chemical is composed of renewable chemicals that are eligible for a credit under this section. (3) Renewable biomass The term renewable biomass 7 U.S.C. 8101(12) (e) Allocation of credit amounts (1) In general Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. (2) Limitations (A) Aggregate limitation The total amount of credits that may be allocated under such program shall not exceed $500,000,000. (B) Taxpayer limitation The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (3) Selection criteria In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration— (A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, (B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, (C) the technological innovation involved in the production method of the renewable chemical, (D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and (E) whether there is a reasonable expectation of commercial viability. (4) Redistribution If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer’s return for such taxable year— (A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer’s return, and (B) such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). (5) Disclosure of allocations The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (f) Termination Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section. . (b) Credit To be part of general business credit (1) In general Subsection (b) of section 38 of such Code is amended by striking plus , plus (37) the renewable chemicals production credit determined under section 45S(a). . (2) Credit allowable against alternative minimum tax Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45S, . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for production of renewable chemicals. . (d) Effective date The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date. | Qualifying Renewable Chemical Production Tax Credit Act of 2013 |
Community College to Career Fund Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor and the Secretary of Education to award competitive grants to: (1) institutions of higher education for educational or career training programs (including those leading to a recognized postsecondary credential) for workers, (2) state or local organizations in partnership with community colleges and other training providers for pay-for-performance projects and pay-for-success job training projects, (3) state or local governments to provide job training or recruiting activities necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States but may instead relocate them to or remain in areas served by those governments, and (4) institutions of higher education in partnership with local or regional economic development entities to provide training in starting a small business and entrepreneurship. | 113 S1269 IS: Community College to Career Fund Act U.S. Senate 2013-07-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1269 IN THE SENATE OF THE UNITED STATES July 8, 2013 Mr. Franken Mr. Schatz Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Investment Act of 1998 to support community college and industry partnerships, and for other purposes. 1. Short title This Act may be cited as the Community College to Career Fund Act 2. Community College to Career Fund Title I of the Workforce Investment Act of 1998 is amended by adding at the end the following: G Community College to Career Fund 199B. Community college and industry partnerships program (a) Grants authorized From funds appropriated under section 199F(a)(1), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199G, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, or providing educational or career training programs for workers. (b) Eligible entity (1) Partnerships with employers or an employer or industry partnership (A) General definition For purposes of this section, an eligible entity (B) Description of entities The entities described in this subparagraph are— (i) a community college; (ii) a 4-year public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate degree levels; (iii) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) (iv) a private or nonprofit, 2-year institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) Additional Partners (A) Authorization of additional partners In addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an entity described in paragraph (1) may include in the partnership described in paragraph (1) 1 or more of the organizations described in subparagraph (B). An eligible entity that includes 1 or more such organizations shall collaborate with the State or local board in the area served by the eligible entity. (B) Organizations The organizations described in this subparagraph are as follows: (i) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (ii) A community-based organization. (iii) A joint labor-management partnership. (iv) A State or local board. (v) Any other organization that the Secretaries consider appropriate. (c) Educational or career training program For purposes of this section, the Governor of the State in which at least 1 of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal under subsection (d). (d) Application An eligible entity seeking a grant under this section shall submit an application containing a grant proposal to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of— (1) the specific educational or career training program for which the grant proposal is submitted and how the program meets the criteria established under subsection (e), including the manner in which the grant will be used to develop, offer, improve, or provide the educational or career training program; (2) the extent to which the program will meet the educational or career training needs of workers in the area served by the eligible entity; (3) the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors and occupations; (4) the extent to which the program described fits within any overall strategic plan developed by the eligible entity; (5) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section; and (6) in the case of a project that involves an educational or career training program that leads to a recognized postsecondary credential described in subsection (f), how the program leading to the credential meets the criteria described in subsection (c). (e) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity involved to develop, offer, improve, or provide an educational or career training program to be made available to workers. (B) An assessment of the likely employment opportunities available in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, or provide. (C) An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs. (2) Priority In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) include a partnership, with employers or an employer or industry partnership, that— (i) pays a portion of the costs of educational or career training programs; or (ii) agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program to provide, through the program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, low-income, non-traditional students, students who are dislocated workers, students who are veterans, or students who are long-term unemployed; (D) include community colleges serving areas with high unemployment rates, including rural areas; (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq. (F) include a partnership, with employers or an employer or industry partnership, that increases domestic production of goods, such as advanced manufacturing or production of clean energy technology. (f) Use of funds Grant funds awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of educational or career training programs, that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industry sectors, and which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors and occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of a general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning participants from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and title II of this Act); (D) are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. 199C. Pay-for-Performance and Pay-for-Success job training projects (a) Award grants authorized From funds appropriated under section 199F(a)(2), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants on a competitive basis to eligible entities described in subsection (b) who achieve specific performance outcomes and criteria agreed to by the Secretaries under subsection (c) to carry out job training projects. Projects funded by grants under this section shall be referred to as either Pay-for-Performance or Pay-for-Success projects, as set forth in subsection (b). (b) Eligible entity To be eligible to receive a grant under this section, an entity shall be a State or local organization (which may be a local workforce organization) in partnership with an entity such as a community college or other training provider, who— (1) in the case of an entity seeking to carry out a Pay-for-Performance project, agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria agreed to by the Secretaries under subsection (c); or (2) in the case of an entity seeking to carry out a Pay-for-Success project— (A) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address a clear and measurable job training need in the area to be served under the grant; and (B) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the Secretaries under subsection (c). (c) Performance outcomes and criteria Not later than 6 months after the date of enactment of this subtitle, the Secretaries shall establish and publish specific performance measures, which include performance outcomes and criteria, for the initial qualification and reimbursement of eligible entities to receive a grant under this section. At a minimum, to receive such a grant, an eligible entity shall— (1) identify a particular program area and client population that is not achieving optimal outcomes; (2) provide evidence that the proposed strategy for the job training project would achieve better outcomes; (3) clearly articulate and quantify the improved outcomes of such new approach; (4) for a Pay-for-Success project, specify a monetary value that would need to be paid to obtain such outcomes and explain the basis for such value; (5) identify data that would be required to evaluate whether outcomes are being achieved for a target population and a comparison group; (6) identify estimated savings that would result from the improved outcomes, including to other programs or units of government; (7) demonstrate the capacity to collect required data, track outcomes, and validate those outcomes; and (8) specify how the entity will meet any other criteria the Secretaries may require. (d) Period of availability for pay-for-Success projects Funds appropriated to carry out Pay-for-Success projects pursuant to section 199F(a)(2) shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, United States Code, and, if later deobligated, in whole or in part, be available until expended under additional Pay-for-Success grants under this section. 199D. Bring jobs back to America grants (a) Grants authorized From funds appropriated under section 199F(a)(3), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants to State or local governments for job training and recruiting activities that can quickly provide businesses with skilled workers in order to encourage businesses to relocate to or remain in areas served by such governments. The Secretaries shall coordinate activities with the Secretary of Commerce in carrying out this section. (b) Purpose and use of funds Grant funds awarded under this section may be used by a State or local government to issue subgrants, using procedures established by the Secretaries, to eligible entities, including those described in section 199B(b), to assist such eligible entities in providing job training necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States, and may instead relocate to or remain in the areas served by such governments, and in conducting recruiting activities. (c) Application A State or local government seeking a grant under the program established under subsection (a) shall submit an application to the Secretaries in such manner and containing such information as the Secretaries may require. At a minimum, each application shall include— (1) a description of the eligible entity the State or local government proposes to assist in providing job training or recruiting activities; (2) a description of the proposed or existing business facility involved, including the number of jobs relating to such facility and the average wage or salary of those jobs; and (3) a description of any other resources that the State has committed to assisting such business in locating such facility, including tax incentives provided, bonding authority exercised, and land granted. (d) Criteria The Secretaries shall award grants under this section to the State and local governments that— (1) the Secretaries determine are most likely to succeed, with such a grant, in assisting an eligible entity in providing the job training and recruiting necessary to cause a business to relocate to or remain in an area served by such government; (2) will fund job training and recruiting programs that will result in the greatest number and quality of jobs; (3) have committed State or other resources, to the extent of their ability as determined by the Secretaries, to assist a business to relocate to or remain in an area served by such government; and (4) have met such other criteria as the Secretaries consider appropriate, including criteria relating to marketing plans, and benefits for ongoing area or State strategies for economic development and job growth. 199E. Grants for entrepreneur and small business startup training (a) Grants authorized From funds appropriated under section 199F(a)(4), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants, on a competitive basis, to eligible entities described in subsection (b) to provide training in starting a small business and entrepreneurship. The Secretaries shall coordinate activities with the Administrator of the Small Business Administration in carrying out this section, including coordinating the development of criteria and selection of proposals. (b) Eligible entity (1) In general For purposes of this section, the term eligible entity (2) Additional Partners Local or regional economic development entities described in this paragraph are the following: (A) Small business development centers. (B) Women’s business centers. (C) Regional innovation clusters. (D) Local accelerators or incubators. (E) State or local economic development agencies. (c) Application An eligible entity seeking a grant under this section shall submit an application containing a grant proposal in such manner and containing such information as the Secretaries and the Administrator of the Small Business Administration shall require. Such information shall include a description of the manner in which small business and entrepreneurship training (including education) will be provided, the role of partners in the arrangement involved, and the manner in which the proposal will integrate local economic development resources and partner with local economic development entities. (d) Use of funds Grant funds awarded under this section shall be used to provide training in starting a small business and entrepreneurship, including through online courses, intensive seminars, and comprehensive courses. 199F. Authorization of appropriations (a) In general There is authorized to be appropriated $8,000,000,000 to carry out this subtitle, of which $4,000,000,000 is authorized to be appropriated to the Secretary of Labor and $4,000,000,000 is authorized to be appropriated to the Secretary of Education. Such amounts are authorized as follows: (1) $7,000,000,000 is authorized for the program established by section 199B; (2) $500,000,000 is authorized for the program established by section 199C; (3) $250,000,000 is authorized for the program established by section 199D; and (4) $250,000,000 is authorized for the program established by section 199E. (b) Administrative Cost Not more than 5 percent of the amounts made available under paragraph (1), (2), (3), or (4) of subsection (a) may be used by the Secretaries to administer the program described in that paragraph, including providing technical assistance and carrying out evaluations for the program described in that paragraph. (c) Period of availability Except as provided in section 199C(d), the funds appropriated pursuant to subsection (a) for a fiscal year shall be available for Federal obligation for that fiscal year and the succeeding 2 fiscal years. 199G. Interagency agreement (a) In general The Secretary of Labor and the Secretary of Education shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of workers, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). The Secretary of Labor and the Secretary of Education shall have the ability to transfer funds to the Secretary of Commerce and the Administrator of the Small Business Administration to carry out sections 199D and 199E, respectively. (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, describing the activities carried out under this subtitle and the outcomes of such activities. 199H. Definitions For purposes of this subtitle: (1) Community college The term community college junior or community college 20 U.S.C. 1058(f) (2) Nontraditional student The term nontraditional student 20 U.S.C. 1161c(j) (3) Recognized postsecondary credential The term recognized postsecondary credential (A) an industry-recognized certificate; (B) a certificate of completion of an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. (C) an associate or baccalaureate degree. (4) Secretaries The term Secretaries . 3. Conforming amendment The table of contents for the Workforce Investment Act of 1998 ( 20 U.S.C. 9201 Subtitle G—Community College to Career Fund Sec. 199B. Community college and industry partnerships program. Sec. 199C. Pay-for-Performance and Pay-for-Success job training projects. Sec. 199D. Bring jobs back to America grants. Sec. 199E. Grants for entrepreneur and small business startup training. Sec. 199F. Authorization of appropriations. Sec. 199G. Interagency agreement. Sec. 199H. Definitions. . | Community College to Career Fund Act |
Foreign Aid Transparency and Accountability Act of 2013 - (Sec. 2) Directs the President to establish guidelines for the establishment of measurable goals, performance metrics, and monitoring and evaluation plans for U.S. foreign assistance programs. Requires: (1) each appropriate federal department or agency to begin using such guidelines within one year after their establishment, and (2) the President to submit a related report to Congress within 18 months. States that the Secretary of State shall not be required to implement guidelines for certain security sector assistance programs to the extent that the President is already taking steps to implement measures with respect to similar security sector assistance. Directs the Comptroller General (GAO) to submit related reports to Congress. (Sec. 3) Directs the President to require the Secretary of State to revise the Department of State's Internet website, ForeignAssistance.gov, to make publicly available comprehensive and accessible information on U.S. foreign assistance programs on a country-by-country and program-by program basis. (Sec. 4) Expresses the sense of Congress that Congress shall take into account certain GAO reports required by this Act when making decisions regarding the appropriation of funds for each department or agency that administers U.S. foreign assistance. (Sec. 5) Authorizes a department or agency to use up to 5% of its foreign development assistance funds for activities under this Act. | 113 S1271 IS: Foreign Aid Transparency and Accountability Act of 2013 U.S. Senate 2013-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1271 IN THE SENATE OF THE UNITED STATES July 10, 2013 Mr. Rubio Mr. Cardin Committee on Foreign Relations A BILL To direct the President to establish guidelines for United States foreign assistance programs, and for other purposes. 1. Short title This Act may be cited as the Foreign Aid Transparency and Accountability Act of 2013 2. Guidelines for United States foreign assistance programs (a) Purpose The purpose of this section is to evaluate the performance of United States foreign assistance and its contribution to policy, strategies, projects, program goals, and priorities undertaken by the Federal Government, to foster and promote innovative programs to improve effectiveness, and to coordinate the monitoring and evaluation processes of Federal departments and agencies that administer foreign assistance. (b) Establishment of guidelines Not later than 18 months after the date of the enactment of this Act, the President shall establish guidelines regarding the establishment of measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to United States foreign assistance. Such guidelines shall be established according to best practices of monitoring and evaluation studies and analyses. (c) Objectives of guidelines (1) In general The guidelines established under subsection (b) shall provide direction to Federal departments and agencies that administer United States foreign assistance on how to develop the complete range of activities relating to the monitoring of resources, the evaluation of projects, the evaluation of program impacts, and analysis that is necessary for the identification of findings, generalizations that can be derived from those findings, and their applicability to proposed project and program design. (2) Objectives Specifically, the guidelines shall provide direction on how to achieve the following objectives for monitoring and evaluation programs: (A) Building measurable goals, performance metrics and monitoring and evaluation into program design, to be tracked against an established baseline at the outset, including the provision of sufficient program resources to conduct monitoring and evaluation. (B) Disseminating guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of foreign assistance programs. (C) Developing a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks to guide future programs for United States development professionals, implementing partners, the international aid community, and aid recipient governments, and as a repository of knowledge on lessons learned. (D) Distributing evaluation reports internally and making this material available online to the public. Furthermore, providing a summary of each evaluation, including a description of the evaluation methodology, and key findings and recommendations made in the evaluation, to the public online in a fully searchable form within 90 days after the completion of the evaluation. Any material made available online pursuant to this subparagraph may not include any classified or proprietary information of nongovernmental organizations, contractors, or private sector clients. (E) Establishing annual monitoring and evaluation agendas and objectives. (F) Applying rigorous monitoring and evaluation methodologies to focus on learning, accountability, and policymaking, choosing from among a wide variety of qualitative, quantitative, summative, and formative methods common in the field of social scientific inquiry, including impact evaluations, a simple grading system providing a clear evaluation of outcomes, and analysis of project logic that includes inputs, activities, outputs, intermediate outcomes, and end outcomes. (G) Partnering with the academic community, implementing partners, and national and international institutions that have expertise in monitoring and evaluation and analysis when such partnerships will provide needed expertise or will significantly improve the evaluation and analysis. (H) Developing and implementing a training plan for aid personnel on the proper conduct of monitoring and evaluation programs. (I) Providing relevant and useful evaluation questions that meet the needs of decisionmakers, an appropriate and feasible design for the evaluation questions, and criteria that permit objective assessment and valid conclusions on the evaluation questions. (J) Ensuring sufficient, credible, and reliable measures and data in the evaluation of the effectiveness of foreign assistance programs, including an assessment of assumptions and limitations in such evaluations. (K) Ensuring that generally accepted standards such as independence, professional judgment, competence, and quality control and assurance are followed in the monitoring and evaluation of programs. (d) Implementation of guidelines Beginning not later than one year after the date on which the President establishes the guidelines under subsection (b), the head of each Federal department or agency that administers United States foreign assistance shall administer the foreign assistance in accordance with the guidelines. (e) Presidential report Not later than 18 months after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a detailed description of the guidelines that have been developed on measurable goals, performance metrics, and monitoring and evaluation plans for United States foreign assistance programs established under this section. The report shall be submitted in unclassified form to the maximum extent possible, but may contain a classified annex. (f) Implementation not required for certain security sector assistance (1) In general The Secretary of State shall not be required to administer any United States foreign assistance program relating to United States security sector assistance in accordance with the guidelines established under this section if the Secretary of State makes a determination that the administration of such program in accordance with the guidelines would be detrimental to the national interests of the United States. (2) Briefings or report The Secretary of State shall provide briefings or submit a written report to the appropriate congressional committees explaining any determination made under paragraph (1). Any such report may be submitted to the appropriate congressional committees in classified form. (g) Comptroller General reports The Comptroller General of the United States shall— (1) not later than one year after the date of the enactment of this Act, submit to the appropriate congressional committees a report that contains an analysis of the actions that the major Federal departments and agencies that administer United States foreign assistance have taken to ensure that United States foreign assistance program evaluation is planned, conducted, and utilized effectively; (2) not later than three years after the date of the enactment of this Act, submit to the appropriate congressional committees a report that contains an analysis of— (A) the guidelines established pursuant to subsection (b); and (B) the implementation of the guidelines by the major Federal departments and agencies that administer United States foreign assistance; and (3) not later than 5 years after the date of the enactment of this Act, and biennially thereafter for 8 years, submit to the appropriate congressional committees a report that contains an analysis of the implementation of the guidelines by the major Federal departments and agencies that administer United States foreign assistance. (h) Evaluation defined In this section, the term evaluation 3. Internet website to make publicly available comprehensive, timely, comparable, and accessible information on United States foreign assistance programs (a) Publication of information (1) Establishment of website Not later than 30 days after the date of the enactment of this Act, the President shall direct the Secretary of State to revise the Department of State's Internet website, ForeignAssistance.gov (2) Information sharing The head of each Federal department or agency that administers United States foreign assistance shall, not later than two years after the date of the enactment of this Act, and every 90 days thereafter, provide to the Secretary of State information about the foreign assistance programs carried out by such department or agency. (3) Updates to website The Secretary of State shall publish not later than 2 years after the date of the enactment of this Act and update on a quarterly basis on the ForeignAssistance.gov (b) Matters To be included (1) In general The information described in subsection (a) shall be published on a detailed program-by-program basis and country-by-country basis. (2) Types of information To ensure transparency, accountability, and effectiveness of United States foreign assistance programs, the information described in subsection (a) shall include country assistance strategies, annual budget documents, congressional budget justifications, obligations, expenditures, and reports and evaluations for United States foreign assistance programs and projects under such programs. Each type of information described in this paragraph shall be published or updated on the Internet website not later than 90 days after the date of issuance of the information. (3) Report in lieu of inclusion (A) Health or security of implementing partners If the head of a Federal department or agency makes a determination that the inclusion of a required item of information on the Internet website would jeopardize the health or security of an implementing partner or program beneficiary, the head of the Federal department or agency may provide briefings to the appropriate congressional committees on the item of information or submit to the appropriate congressional committees the item of information in a written report in lieu of including it on the Internet website, along with the reasons for not including it in the database required under this section. (B) National interests of the United States If the Secretary of State makes a determination that the inclusion of a required item of information on the Internet website would be detrimental to the national interests of the United States, the Secretary of State shall provide briefings to the appropriate congressional committees on the item of information or submit to the appropriate congressional committees the item of information in a written report in lieu of including it on the Internet website, along with the reasons for not including it in the database required under this section. (C) Form Any briefing or item of information provided under this paragraph may be provided in classified form. (4) Failure to comply If the head of the department or agency fails to comply with the requirements under paragraph (2), the head shall indicate for each required item— (A) identification of the reason for not including the information during that quarter; (B) a detailed explanation of the reason; and (C) the department’s or agency’s plan and timeline for including the omitted information for the current fiscal year and the following two fiscal years, including milestones, deadlines, prerequisites, and other explanatory information. (c) Scope of information (1) In general The Internet website shall contain the information described in subsection (b) as follows: (A) For fiscal year 2013, the information relating to such fiscal year and each of the immediately preceding 2 fiscal years. (B) For fiscal year 2014, the information relating to such fiscal year and each of the immediately preceding 3 fiscal years. (C) For fiscal year 2015, the information relating to such fiscal year and each of the immediately preceding 4 fiscal years. (D) For fiscal year 2016, the information relating to such fiscal year and each of the immediately preceding 5 fiscal years. (2) Older information For fiscal year 2017 and each fiscal year thereafter, the Internet website shall also contain a link to a searchable database available to the public containing information described in subsection (b) relating to fiscal years prior to the immediately preceding 5 fiscal years but subsequent to fiscal year 2010. 4. Sense of Congress on implementation It is the sense of Congress that Congress shall take into account the Comptroller General's reports under section 2(f)(2) when making decisions regarding the appropriation of funds for each department or agency that administers United States foreign assistance. 5. Availability of funds Up to 5 percent of the amounts authorized to be appropriated for a fiscal year for each Federal department or agency for United States foreign assistance programs is authorized to be appropriated to carry out this Act with respect to such programs for such fiscal year. 6. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) United States foreign assistance The term United States foreign assistance (3) United States security sector assistance The term United States security sector assistance | Foreign Aid Transparency and Accountability Act of 2013 |
(This measure has not been amended since it was reported to the Senate on September 25, 2013. The summary of that version is repeated here.) Security Clearance Oversight and Reform Enhancement Act - Authorizes funding for the cost of audits, investigations, and oversight activities conducted by the Inspector General of the Office of Personnel Management (OPM) of the OPM revolving fund and functions financed by the fund. Requires OPM to include in its budget an estimate by the OPM Inspector General of the amount required to pay the reasonable expenses (not to exceed .33% of total budgetary authority) to audit, investigate, and perform other oversight activities related to the revolving fund. | 113 S1276 ES: Security Clearance Oversight and Reform Enhancement Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 1st Session S. 1276 IN THE SENATE OF THE UNITED STATES AN ACT To increase oversight of the Revolving Fund of the Office of Personnel Management. 1. Short title This Act may be cited as the Security Clearance Oversight and Reform Enhancement Act 2. Oversight of the Revolving Fund of the Office of Personnel Management Section 1304(e) (1) in paragraph (1), in the first sentence, by inserting before the period the following: , and for the cost of audits, investigations, and oversight activities relating to the fund and the functions financed by the fund, conducted by the Inspector General of the Office (2) in paragraph (5), by adding at the end the following: Each budget submitted under this paragraph shall include an estimate from the Inspector General of the Office of the amount required to pay the reasonable expenses to adequately audit, investigate, and perform other oversight activities relating to the fund and the functions financed by the fund for the applicable fiscal year, which shall not exceed 0.33 percent of the total budgetary authority requested in the budget estimates submitted to Congress by the Office for that fiscal year. Passed the Senate October 10, 2013. Secretary | Security Clearance Oversight and Reform Enhancement Act |
Combating Prescription Drug Abuse Act - Establishes the Combating Prescription Drug Abuse Commission, whose duties shall be to: (1) review and report to Congress on federal initiatives regarding efforts to prevent and reduce prescription drug abuse, (2) identify gaps and opportunities regarding the safe use of prescription drugs with the potential for diversion and abuse, and (3) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. Requires the report to describe Commission efforts to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications and include specific recommendations for the Drug Enforcement Administration (DEA), the Food and Drug Administration (FDA), and other federal and state agencies concerning prescription drug monitoring and abuse. | 113 S1277 IS: Combating Prescription Drug Abuse Act U.S. Senate 2013-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1277 IN THE SENATE OF THE UNITED STATES July 10, 2013 Mrs. Boxer Committee on Health, Education, Labor, and Pensions A BILL To establish a commission for the purpose of coordinating efforts to reduce prescription drug abuse, and for other purposes. 1. Short title This Act may be cited as the Combating Prescription Drug Abuse Act 2. Commission (a) Establishment There is established the Combating Prescription Drug Abuse Commission (referred to in this Act as the Commission (b) Membership (1) Appointment The Commission shall be composed of 30 members. Such members shall be appointed by the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services and the Attorney General. (2) Composition The members appointed under paragraph (1) shall include an equitable balance of individuals representing health care groups and law enforcement groups, including— (A) a representative of the Drug Enforcement Administration; (B) a representative of the Food and Drug Administration; (C) a representative of the Office of National Drug Control Policy; (D) representatives of patient, advocacy, and community-based groups; (E) representatives of pharmacy, prescribers, hospitals, wholesalers, dispensers, manufacturers, and other health care groups; (F) public policy experts; (G) representatives of State attorneys general; and (H) representatives of law enforcement officials, including local law enforcement officials. (3) Date of appointment The appointments of the members of the Commission shall be made not later than 180 days after the date of enactment of this Act. (4) Co-Chairs The representative of the Drug Enforcement Administration and the representative of the Food and Drug Administration shall serve as Co-Chairs of the Commission. (5) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (c) Meetings The Commission shall meet at the call of the Co-Chairs. The Commission shall meet for at least 2 public meetings, at which the Commission shall provide opportunity for public input, comment, and suggestion. (d) Duties of the commission (1) In general The Commission shall— (A) review and report to Congress on Federal initiatives with respect to efforts to prevent and reduce prescription drug abuse; (B) identify gaps and opportunities with respect to ensuring the safe use of prescription drugs with the potential for diversion and abuse; and (C) make recommendations on specific ways to reduce diversion and abuse of prescription drugs. (2) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Commission shall issue a report to Congress that describes the efforts of the Commission to prevent or reduce drug diversion and abuse to ensure that patients continue to have access to medications. (B) Recommendations The report described in subparagraph (A) shall include specific recommendations for the Drug Enforcement Administration, the Food and Drug Administration, and other Federal and State agencies, as appropriate, and shall include the following topics: (i) Systems for prescription drug monitoring, which shall include proposals to increase the use and sustainability of prescription drug monitoring programs. (ii) Illegal Internet prescription drug sites and pill mills (iii) Facilitating proper disposal of prescription drugs, including public outreach and education efforts with respect to such proper disposal. (iv) Identifying active areas of prescription drug abuse. (v) Improving collaboration among Federal agencies, especially the Drug Enforcement Administration and the Food and Drug Administration. (vi) Improving collaboration between Federal agencies and relevant stakeholders, including the groups represented on the Commission. (vii) The resource needs for law enforcement. (viii) Proposals to improve the education of providers, patients, parents, and youth. (ix) Development of abuse-resistant products. (x) Recommendations for reducing robberies, burglaries, and cargo theft. (e) Powers of the Commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) 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 section. Upon the request of the Co-Chairs of the Commission, the head of such department or agency shall furnish such information to the Commission in a timely manner. (f) Confidentiality Information obtained by the Commission from any Federal agency shall be exempt from disclosure under section 552 (g) Termination of the commission The Commission shall terminate 2 years after the date on which the members are appointed under subsection (b). (h) Authorization of appropriations (1) In general There is authorized to be appropriated $3,000,000 for fiscal years 2014 through 2016 to the Commission to carry out this section. (2) Limitation on use of funds No funds appropriated under paragraph (1) may be used to carry out the recommendations of the Commission. | Combating Prescription Drug Abuse Act |
Egyptian Military Coup Act of 2013 - Prohibits U.S. government assistance from being provided to Egypt pursuant to the coup d'etat restriction under the Department of State, Foreign Operations, and Related Programs Act, 2012. Suspends the provision of specified defense articles and services, and the processing of letters of offer and acceptance for future arms sales, until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. | 113 S1278 IS: Egyptian Military Coup Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1278 IN THE SENATE OF THE UNITED STATES July 11, 2013 Mr. Paul Committee on Foreign Relations A BILL To prohibit certain foreign assistance to the Government of Egypt as a result of the July 3, 2013, military coup d'état. 1. Short title This Act may be cited as the Egyptian Military Coup Act of 2013 2. Foreign assistance restrictions in response to Egyptian military coup d'état (a) Findings Congress makes the following findings: (1) On June 30, 2012, Mohamed Morsi was elected President of Egypt in elections that were certified as free and fair by the Egyptian Presidential Election Commission and the United Nations. (2) On July 3, 2013, the military of Egypt removed the democratically elected President of Egypt, arrested his supporters, and suspended the Constitution of Egypt. These actions fit the definition of a military coup d'état. (3) Pursuant to section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (4) The United States has suspended aid to countries that have undergone military coups d'état in the past, including the Ivory Coast, the Central African Republic, Thailand, Mali, Fiji, and Honduras. (b) Foreign assistance to the Government of Egypt (1) Restrictions on assistance under section 7008 In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (2) Additional restrictions In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt. | Egyptian Military Coup Act of 2013 |
Freedom to Pray Act - Prohibits the federal government from revoking or withholding federal financial assistance that would otherwise be provided to any recipient on the basis of religious activities that are conducted voluntarily and initiated by participants in a program or activity carried out by such recipient. Prohibits this Act from being construed to authorize the United States or any state or political subdivision to: (1) sponsor a religious activity, (2) prohibit a recipient of federal financial assistance from ensuring that a religious activity does not materially and substantially interfere with the orderly conduct of the program or activities carried out by such recipient, (3) require any person to participate in prayer or other religious activity, or (4) compel any employee or agent of a program or activity that is carried out by a recipient of federal financial assistance to participate in an activity if the content of the speech at the activity is contrary to their beliefs. | 113 S1279 IS: Freedom to Pray Act U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1279 IN THE SENATE OF THE UNITED STATES July 11, 2013 Ms. Landrieu Committee on Homeland Security and Governmental Affairs A BILL To prohibit the revocation or withholding of Federal funds to programs whose participants carry out voluntary religious activities. 1. Short title This Act may be cited as the Freedom to Pray Act 2. Prohibition on withholding Federal funds to programs whose participants conduct voluntary religious activities (a) In General It shall be unlawful for the Federal Government to revoke or withhold Federal financial assistance that would otherwise be provided to any recipient of such assistance on the basis of religious activities that are conducted voluntarily and initiated by participants in a program or activity carried out by such recipient. (b) Rules of construction Nothing in this Act shall be construed to authorize the United States or any State or political subdivision thereof— (1) to sponsor a religious activity; (2) to prohibit a recipient of Federal financial assistance from ensuring that a religious activity does not materially and substantially interfere with the orderly conduct of the program or activities carried out by such recipient; (3) to require any person to participate in prayer or other religious activity; or (4) to compel any employee or agent of a program or activity that is carried out by a recipient of Federal financial assistance to participate in an activity if the content of the speech at the activity is contrary to the beliefs of the employee or agent. | Freedom to Pray Act |
Campus Sexual Violence Elimination Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality; and (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses; possible sanctions or protective measures imposed following disciplinary action; procedures victims should follow after such an offense occurs; institutional disciplinary procedures; information about how the IHE will protect victim confidentiality; the written notification of students and employees concerning on-campus and community services available for victims; and the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking. | 113 S128 IS: Campus Sexual Violence Elimination Act U.S. Senate 2013-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 128 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2013 Mr. Casey Mr. Bennet Mr. Lautenberg Ms. Mikulski Mrs. Murray Mrs. Boxer Ms. Klobuchar Mr. Begich Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking. 1. Short title This Act may be cited as the Campus Sexual Violence Elimination Act 2. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) (1) in paragraph (1)— (A) in subparagraph (C)(iii), by striking the period at the end and inserting , when the victim of such crime elects or is unable to make such a report. (B) in subparagraph (F)— (i) in clause (i)(VIII), by striking and (ii) in clause (ii)— (I) by striking sexual orientation national origin, sexual orientation, gender identity, (II) by striking the period and inserting ; and (iii) by adding at the end the following: (iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies. ; (2) in paragraph (3), by inserting , that withholds the names of victims as confidential, that is timely (3) in paragraph (6)(A)— (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: (i) The terms dating violence domestic violence stalking 42 U.S.C. 13925(a) ; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: (v) The term sexual assault ; (4) in paragraph (7)— (A) by striking paragraph (1)(F) clauses (i) and (ii) of paragraph (1)(F) (B) by inserting after Hate Crime Statistics Act. For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) (5) by striking paragraph (8) and inserting the following: (8) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding— (i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and (ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. (B) The policy described in subparagraph (A) (i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include— (I) primary prevention and awareness programs for all incoming students and new employees, which shall include— (aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; (cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) the information described in clauses (ii) through (vii); and (II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I) (ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. (iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about— (I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; (II) to whom the alleged offense should be reported; (III) options regarding law enforcement and campus authorities, including notification of the victim's option to— (aa) notify proper law enforcement authorities, including on-campus and local police; (bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (cc) decline to notify such authorities; and (IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. (iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that— (I) such proceedings shall— (aa) provide a prompt, fair, and impartial investigation and resolution; (bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and (cc) use the preponderance of the evidence standard; (II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and (III) both the accuser and the accused shall be simultaneously informed, in writing, of— (aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; (bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; (cc) any change to the results that occurs prior to the time that such results become final; and (dd) when such results become final. (v) Information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. (vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. (vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. (C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B). ; (6) in paragraph (9), by striking The Secretary The Secretary, in consultation with the Attorney General of the United States, (7) by striking paragraph (16) and inserting the following: (16) (A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. (B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. ; and (8) by striking paragraph (17) and inserting the following: (17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. . (b) Effective date The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1) | Campus Sexual Violence Elimination Act |
Charitable Agricultural Research Act - Amends the Internal Revenue Code to: (1) allow a tax deduction for a charitable contribution to an agricultural research organization directly engaged in the continuous active conduct of agricultural research, and (2) make prohibitions against expenditures to influence legislation applicable to such organizations. | 113 S1280 IS: Charitable Agricultural Research Act U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1280 IN THE SENATE OF THE UNITED STATES July 11, 2013 Ms. Stabenow Mr. Thune Mr. Blunt Mr. Cochran Mr. Coons Mr. Inhofe Ms. Klobuchar Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the deductibility of charitable contributions to agricultural research organizations, and for other purposes. 1. Short title This Act may be cited as the Charitable Agricultural Research Act 2. Deductibility of charitable contributions to agricultural research organizations (a) In general Subparagraph (A) of section 170(b)(1) of the Internal Revenue Code of 1986 is amended by striking or , or (ix) an agricultural research organization directly engaged in the continuous active conduct of agricultural research (as defined in section 1404 of the Agricultural Research, Extension, and Teaching Policy Act of 1977) in conjunction with a land-grant college or university (as defined in such section) or a non-land grant college of agriculture (as defined in such section), and during the calendar year in which the contribution is made such organization is committed to spend such contribution for such research before January 1 of the fifth calendar year which begins after the date such contribution is made, . (b) Expenditures To influence legislation Paragraph (4) of section 501(h) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: (E) section 170(b)(1)(A)(ix) (relating to agricultural research organizations), . (c) Effective date The amendments made by this section shall apply to contributions made on and after the date of the enactment of this Act. | Charitable Agricultural Research Act |
Veterans and Servicemembers Employment Rights and Housing Act of 2013 - Prohibits employment practices that discriminate based on an individual's military service and amends the Fair Housing Act and the Civil Rights Act of 1968 to prohibit housing discrimination against members of the uniformed services. Declares that it shall be an unlawful employment practice for an employer to fail to hire, to discharge, or to otherwise discriminate against individuals because of their military service. Prohibits employers, employment agencies, labor organizations, and job training programs from engaging in specified practices that adversely affect an applicant or employee because of such service. Exempts certain hiring and employment practices from being considered unlawful if the occupancy of the position is subject to national security requirements that an individual does not fulfill. Permits an employer to apply different standards of compensation or terms of employement pursuant to a bona fide seniority or merit system, a system which measures earnings by quantity or quality of production or to employees who work in different locations, or a professionally developed ability test. Declares that an unlawful employment practice based on disparate impact is established only if: (1) the complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of military service and the respondent fails to demonstrate that the challenged practice is job-related and consistent with business necessity, or (2) the complaining party makes a demonstration with respect to an alternative employment practice and the respondent refuses to adopt such practice. Prohibits business necessity from being used as a defense against a claim of intentional discrimination. Declares that an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice, even though other factors also motivated such practice. Grants enforcement powers, remedies, and procedures under the Civil Rights Act of 1964 to the Equal Employment Opportunity Commission (EEOC), Attorney General (DOJ), and persons alleging such discrimination. Amends the Fair Housing Act to prohibit housing discrimination against a member of the uniformed services with respect to: (1) the sale or rental of housing, (2) residential real estate-related transactions, and (3) the provision of brokerage services. Prohibits religious organizations engaging in housing transactions from giving preferences to persons of the same religion in cases where membership in such religion is restricted to persons who are not members of the uniformed services. Amends the Civil Rights Act of 1968 to impose a fine, imprisonment, or both on persons who violate prohibitions on housing discrimination under such Act against members of the uniformed services. | 113 S1281 IS: Veterans and Servicemembers Employment Rights and Housing Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1281 IN THE SENATE OF THE UNITED STATES July 11, 2013 Mr. Blumenthal Committee on Veterans' Affairs A BILL To prohibit discrimination on the basis of military service, and for other purposes. 1. Short title This Act may be cited as the Veterans and Servicemembers Employment Rights and Housing Act of 2013 2. Discrimination on the basis of military service (a) Definitions In this section: (1) Civil rights definitions The terms complaining party demonstrates employee employer employment agency labor organization person respondent State (2) Member of the uniformed services The term member of the uniformed services (A) is a member of— (i) the uniformed services (as defined in section 101 (ii) the National Guard in State status under title 32, United States Code; or (B) was discharged or released from service in the uniformed services (as so defined) or the National Guard in such status under conditions other than dishonorable. (3) Military service The term military service (b) Employer practices It shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment, because of such individual's military service; or (2) to limit, segregate, or classify the employer's employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of such individual's military service. (c) Employment agency practices It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise discriminate against, any individual because of the individual's military service, or to classify or refer for employment any individual on the basis of the individual's military service. (d) Labor organization practices It shall be an unlawful employment practice for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of the individual's military service; (2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment, because of such individual's military service; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. (e) Training programs It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of the individual's military service in admission to, or employment in, any program established to provide apprenticeship or other training. (f) Businesses or enterprises with personnel qualified on basis of military service Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of the individual's military service in those certain instances where military service is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. (g) National security Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if— (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and (2) such individual has not fulfilled or has ceased to fulfill that requirement. (h) Seniority or merit system; quantity or quality of production; ability tests Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of military service, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of military service. (i) Preferential treatment not To be granted on account of existing number or percentage imbalance Nothing contained in this section shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this section to grant preferential treatment to any individual or to any group because of the military service of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons with military service employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons with military service in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. (j) Burden of proof in disparate impact cases (1) Disparate impact (A) Establishment An unlawful employment practice based on disparate impact is established under this section only if— (i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of military service and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or (ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice. (B) Demonstration of causation (i) Particular employment practices With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice. (ii) Demonstration of noncausation If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (C) Alternative employment practice The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of alternative employment practice (2) Business necessity no defense to intentional discrimination A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this section. (3) Rules concerning controlled substances Notwithstanding any other provision of this section, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) 21 U.S.C. 801 et seq. (k) Prohibition of discriminatory use of test scores It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of military service. (l) Impermissible consideration of military service in employment practices Except as otherwise provided in this section, an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice, even though other factors also motivated the practice. (m) Resolution of challenges to employment practices implementing litigated or consent judgments or orders (1) Practices not challengeable (A) Practices to implement a litigated or consent judgment or order Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B). (B) Circumstances A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws— (i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had— (I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and (II) a reasonable opportunity to present objections to such judgment or order; or (ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact. (2) Rule of construction Nothing in this subsection shall be construed to— (A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened; (B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government; (C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or (D) authorize or permit the denial to any person of the due process of law required by the Constitution. (3) Court for actions that are challengeable Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of title 28, United States Code. (n) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings It shall be an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, individuals, or member involved has opposed any practice made an unlawful employment practice by this section, or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (o) Printing or publication of notices or advertisements It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on military service, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on military service when military service is a bona fide occupational qualification for employment. (p) Exemptions (1) Inapplicability of title to certain aliens This section shall not apply to an employer with respect to the employment of aliens outside any State. (2) Compliance with statute as violation of foreign law It shall not be unlawful under this section for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located. (3) Control of corporation incorporated in foreign country (A) In general If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by this section engaged in by such corporation shall be presumed to be engaged in by such employer. (B) Foreign person not controlled by employer This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer. (C) Control For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on— (i) the interrelation of operations; (ii) the common management; (iii) the centralized control of labor relations; and (iv) the common ownership or financial control, of the employer and the corporation. (4) Claims of no military service Nothing in this section shall provide the basis for a claim by an individual without military service that the individual was subject to discrimination because of the individual's lack of military service. (q) Posting notices Every employer, employment agency, labor organization, or joint labor-management committee covered under this section shall post notices to applicants, employees, and members describing the applicable provisions of this section, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–10). (r) Regulations Not later than 90 days after the date of enactment of this Act, the Commission shall issue regulations to carry out this section in accordance with subchapter II of chapter 5 (s) Enforcement The powers, remedies, and procedures set forth in sections 705, 706, 707, 708, 709, 710, and 712 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 3. Ending housing discrimination against members of the uniformed services (a) Definitions Section 802 of the Fair Housing Act ( 42 U.S.C. 3602 (p) Member of the uniformed services (1) is a member of— (A) the uniformed services (as defined in section 101 (B) the National Guard in State status under title 32, United States Code; or (2) was discharged or released from service in the uniformed services (as so defined) or the National Guard in such status under conditions other than dishonorable. . (b) Discrimination in the sale or rental of housing and other prohibited practices Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended— (1) in subsection (a), by inserting or because the person is a member of the uniformed services national origin (2) in subsection (b), by inserting or because the person is a member of the uniformed services national origin (3) in subsection (c), by inserting or because a person is a member of the uniformed services, national origin, (4) in subsection (d), by inserting , or because the person is a member of the uniformed services, national origin (c) Discrimination in residential real estate-Related transactions Section 805 of the Fair Housing Act ( 42 U.S.C. 3605 (1) in subsection (a), by inserting or because the person is a member of the uniformed services national origin (2) in subsection (c), by striking , or familial status familial status, or whether a person is a member of the uniformed services (d) Discrimination in the provision of brokerage services Section 806 of the Fair Housing Act ( 42 U.S.C. 3606 or because a person is a member of the uniformed services national origin (e) Religious organization or private club exemption Section 807(a) of the Fair Housing Act ( 42 U.S.C. 3607(a) or to persons who are not members of the uniformed services national origin (f) Administration Section 808(e)(6) of the Fair Housing Act ( 42 U.S.C. 3608(e)(6) (including whether such persons and households are or include a member of the uniformed services) persons and households (g) Prevention of discrimination Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended— (1) in subsection (a), by inserting , or because the person is a member of the uniformed services (as such term is defined in section 802 of this Act), national origin (2) in subsection (b)(1), by inserting or because a person is a member of the uniformed services (as such term is defined in section 802 of this Act), national origin, (3) in subsection (c), by inserting or because a person is a member of the uniformed services (as such term is defined in section 802 of this Act), national origin, (h) Rule of construction The Fair Housing Act ( 42 U.S.C. 3601 et seq. 821. Rule of construction relating to the treatment of members of the uniformed services (a) Rule of construction Nothing in this Act may be construed to prohibit any person from— (1) making available to an individual a benefit with respect to a dwelling, a residential real estate-related transaction (as defined in section 805 of this Act), or a service described in section 806 of this Act because the individual is a member of the uniformed services; or (2) selling or renting a dwelling only to members of the uniformed services. (b) Definition For purposes of this section, the term benefit . 4. Effective date This Act shall become effective 120 days after the date of enactment of this Act. | Veterans and Servicemembers Employment Rights and Housing Act of 2013 |
21st Century Glass-Steagall Act of 2013 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from: (1) being or becoming an affiliate of any insurance company, securities entity, or swaps entity; (2) being in common ownership or control with any insurance company, securities entity, or swaps entity; or (3) engaging in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity. Prohibits any individual who is an officer, director, partner, or employee of any securities entity, insurance company, or swaps entity, except in specified circumstances, from serving simultaneously as an officer, director, employee, or other institution-affiliated party of any insured depository institution. Makes certain technical and conforming amendments to the Banking Act of 1933 and the Revised Statutes of the United States to limit the business of national banks to receiving deposits, extending credit, discounting and negotiating evidences of debt, loaning money on personal security, engaging in coin and bullion exchange, and investing in investment securities. Limits the purchase and sale of investment securities and stock by a national banking association to the accounts of customers, but in no case for its own account. Prohibits an association from underwriting any issue of securities or stock. Prohibits a national banking association from investing in structured or synthetic products, defined as financial instruments in which a return is calculated based on the value of, or by reference to the performance of, a security, commodity, swap, other asset, or an entity, or any index or basket composed of such items. Amends the Home Owners' Loan Act to repeal the authority of federal savings associations to invest in, redeem, or hold shares or certificates issued by any open-end management investment company registered with the Securities and Exchange Commission (SEC) if their portfolios are restricted by the management company's investment policy solely to investments that a federal savings association by law or regulation may deal in. Amends the Bank Holding Company Act of 1956 with respect to prohibitions against bank holding company ownership or control of voting share interests in nonbanking organizations. Revises exemptions from such prohibitions in the case of nonbanking organizations thewhose activities are so closely related to banking as to be a proper incident to them. Specifies activities of a nonbanking organization that shall not be considered closely related to banking, and so disqualify a bank holding company from owning or controlling voting share interests in such an organization. Includes among such nonbanking activities: (1) serving as an investment advisor to an investment company, (2) agency transactional services for customer investments, (3) investment transactions as principal, and (4) management consulting and counseling activities. Exempts from application of the prohibitions against nonbanking activities, with respect to a bank holding company, the purchase, as an end user, of swaps to hedge against certain exposures, including changes in either interest rates or in the value of currency. Prohibits a bank holding company from engaging in the business of a securities or a swaps entity, including: (1) dealing or making markets in securities, repurchase agreements, exchange traded and over-the-counter swaps, and structured or synthetic products; (2) engaging in proprietary trading; (3) owning, sponsoring, or investing in a hedge fund, or private equity fund, or any other fund which exhibits the characteristics of a fund that takes on proprietary trading activities or positions; (4) holding ineligible securities or derivatives; and (5) engaging in either market-making or prime brokerage activities. Requires the appropriate federal regulatory agency to pursue certain actions to enforce this Act. Amends the Bank Holding Company Act of 1956 to repeal provisions (of the Gramm-Leach-Bliley Act) that: (1) permit a financial holding company to engage in activities that are either financial in nature or constitute expanded financial activities, (2) prescribe corrective actions for financial holding companies that fail to meet certain requirements, (4) authorize certain financial holding companies to retain limited nonfinancial activities and affiliations, and (5) authorize certain financial holding companies to own or control shares of a company engaged in activities related to the trading, sale, or investment in commodities and underlying physical properties that were not previously permissible for bank holding companies. Amends the Revised Statutes of the United States to repeal the authority of national banks to control or hold an interest in financial subsidiaries. Amends the International Banking Act of 1978 to repeal the permission granted certain foreign banks to continue to engage in nonbanking activities in the United States. Revises bankruptcy law to repeal the prohibition against staying, avoiding, or limiting the exercise of a contractual right of financial entities to either liquidate, terminate, or accelerate the following financial instruments: a securities contract, a repurchase agreement, a swap agreement, a master netting agreement, and across contracts. Repeals requirements for the timing of damage measurement in connection with such financial instruments, including commodity contracts and forward contracts. | 113 S1282 IS: 21st Century Glass-Steagall Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1282 IN THE SENATE OF THE UNITED STATES July 11, 2013 Ms. Warren Mr. McCain Ms. Cantwell Mr. King Committee on Banking, Housing, and Urban Affairs A BILL To reduce risks to the financial system by limiting banks’ ability to engage in certain risky activities and limiting conflicts of interest, to reinstate certain Glass-Steagall Act protections that were repealed by the Gramm-Leach-Bliley Act, and for other purposes. 1. Short title This Act may be cited as the 21st Century Glass-Steagall Act of 2013 2. Findings and purpose (a) Findings Congress finds that— (1) in response to a financial crisis and the ensuing Great Depression, Congress enacted the Banking Act of 1933, known as the Glass-Steagall Act (2) a series of deregulatory decisions by the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency, in addition to decisions by Federal courts, permitted commercial banks to engage in an increasing number of risky financial activities that had previously been restricted under the Glass-Steagall Act, and also vastly expanded the meaning of the business of banking closely related activities (3) in 1999, Congress enacted the Gramm-Leach-Bliley Act (4) former Kansas City Federal Reserve President Thomas Hoenig observed that with the elimination of Glass-Steagall, the largest institutions with the greatest ability to leverage their balance sheets increased their risk profile by getting into trading, market making, and hedge fund activities, adding ever greater complexity to their balance sheets. (5) the Financial Crisis Inquiry Report issued by the Financial Crisis Inquiry Commission concluded that, in the years between the passage of Gramm-Leach Bliley and the global financial crisis, regulation and supervision of traditional banking had been weakened significantly, allowing commercial banks and thrifts to operate with fewer constraints and to engage in a wider range of financial activities, including activities in the shadow banking system. [t]his deregulation made the financial system especially vulnerable to the financial crisis and exacerbated its effects. (6) a report by the Financial Stability Oversight Council pursuant to section 123 of the Dodd-Frank Wall Street Reform and Consumer Protection Act states that increased complexity and diversity of financial activities at financial institutions may shift institutions towards more risk-taking, increase the level of interconnectedness among financial firms, and therefore may increase systemic default risk. These potential costs may be exacerbated in cases where the market perceives diverse and complex financial institutions as ‘too big to fail,’ which may lead to excessive risk taking and concerns about moral hazard. (7) the Senate Permanent Subcommittee on Investigations report, Wall Street and the Financial Crisis: Anatomy of a Financial Collapse made it more difficult for regulators to distinguish between activities intended to benefit customers versus the financial institution itself. The expanded set of financial services investment banks were allowed to offer also contributed to the multiple and significant conflicts of interest that arose between some investment banks and their clients during the financial crisis. (8) the Senate Permanent Subcommittee on Investigations report, JPMorgan Chase Whale Trades: A Case History of Derivatives Risks and Abuses (9) in Europe, the Vickers Independent Commission on Banking (for the United Kingdom) and the Liikanen Report (for the Euro area) have both found that there is no inherent reason to bundle retail banking investment banking (10) private sector actors prefer having access to underpriced public sector insurance, whether explicit (for insured deposits) or implicit (for too big to fail (11) the financial crisis, and the regulatory response to the crisis, has led to more mergers between financial institutions, creating greater financial sector consolidation and increasing the dominance of a few large, complex financial institutions that are generally considered to be too big to fail (b) Purpose The purposes of this Act are— (1) to reduce risks to the financial system by limiting banks’ ability to engage in activities other than socially valuable core banking activities; (2) to protect taxpayers and reduce moral hazard by removing explicit and implicit government guarantees for high-risk activities outside of the core business of banking; and (3) to eliminate conflicts of interest that arise from banks engaging in activities from which their profits are earned at the expense of their customers or clients. 3. Safe and sound banking (a) Insured depository institutions Section 18(s) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(s) (6) Limitations on banking affiliations (A) Prohibition on affiliations with nondepository entities An insured depository institution may not— (i) be or become an affiliate of any insurance company, securities entity, or swaps entity; (ii) be in common ownership or control with any insurance company, securities entity, or swaps entity; or (iii) engage in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity. (B) Individuals eligible to serve on boards of depository institutions (i) In general An individual who is an officer, director, partner, or employee of any securities entity, insurance company, or swaps entity may not serve at the same time as an officer, director, employee, or other institution-affiliated party of any insured depository institution. (ii) Exception Clause (i) does not apply with respect to service by any individual which is otherwise prohibited under clause (i), if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such an individual as an officer, director, employee, or other institution-affiliated party of an insured depository institution would not unduly influence the investment policies of the depository institution or the advice that the institution provides to customers. (iii) Termination of service Subject to a determination under clause (i), any individual described in clause (i) who, as of the date of enactment of the 21st Century Glass-Steagall Act of 2013 (C) Termination of existing affiliations and activities (i) Orderly termination of existing affiliations and activities Any affiliation, common ownership or control, or activity of an insured depository institution with any securities entity, insurance company, or swaps entity, or any other person, as of the date of enactment of the 21st Century Glass-Steagall Act of 2013 (ii) Early termination The appropriate Federal banking agency, after opportunity for hearing, at any time, may order termination of an affiliation, common ownership or control, or activity prohibited by clause (i) before the end of the 5-year period described in clause (i), if the agency determines that— (I) such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (II) is in the public interest. (iii) Extension Subject to a determination under clause (ii), an appropriate Federal banking agency may extend the 5-year period described in clause (i) as to any particular insured depository institution for not more than an additional 6 months at a time, if— (I) the agency certifies that such extension would promote the public interest and would not pose a significant threat to the stability of the banking system or financial markets in the United States; and (II) such extension, in the aggregate, does not exceed 1 year for any one insured depository institution. (iv) Requirements for entities receiving an extension Upon receipt of an extension under clause (iii), the insured depository institution shall notify its shareholders and the general public that it has failed to comply with the requirements of clause (i). (D) Definitions For purposes of this paragraph, the following definitions shall apply: (i) Insurance company The term insurance company (ii) Securities entity Except as provided in clause (iii), the term securities entity (I) includes any entity engaged in— (aa) the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities; (bb) market making; (cc) activities of a broker or dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934; (dd) activities of a futures commission merchant; (ee) activities of an investment adviser or investment company, as those terms are defined in the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively; or (ff) hedge fund or private equity investments in the securities of either privately or publicly held companies; and (II) does not include a bank that, pursuant to its authorized trust and fiduciary activities, purchases and sells investments for the account of its customers or provides financial or investment advice to its customers. (iii) Swaps entity The term swaps entity (I) the Commodity Exchange Act ( 7 U.S.C. 1 et seq. (II) the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (iv) Insured depository institution The term insured depository institution (I) has the same meaning as in section 3(c)(2); and (II) does not include a savings association controlled by a savings and loan holding company, as described in section 10(c)(9)(C) of the Home Owners' Loan Act (12 U.S.C. 1467a(c)(9)(C)). . (b) Limitation on banking activities Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following: (c) Business of receiving deposits For purposes of this section, the term business of receiving deposits . (c) Permitted activities of national banks Section 24 (Seventh) of the Revised Statutes of the United States (12 U.S.C. 24 (Seventh)) is amended to read as follows: Seventh. (A) To exercise by its board of directors or duly authorized officers or agents, subject to law, all such powers as are necessary to carry on the business of banking. (B) As used in this paragraph, the term business of banking (i) Receiving deposits A national banking association may engage in the business of receiving deposits. (ii) Extensions of credit A national banking association may— (I) extend credit to individuals, businesses, not for profit organizations, and other entities; (II) discount and negotiate promissory notes, drafts, bills of exchange, and other evidences of debt; and (III) loan money on personal security. (iii) Payment systems A national banking association may participate in payment systems, defined as instruments, banking procedures, and interbank funds transfer systems that ensure the circulation of money. (iv) Coin and bullion A national banking association may buy, sell, and exchange coin and bullion. (v) Investments in securities (I) In general A national banking association may invest in investment securities, defined as marketable obligations evidencing indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes, or debentures (commonly known as investment securities investment securities (II) Limitations The business of dealing in securities and stock by the association shall be limited to purchasing and selling such securities and stock without recourse, solely upon the order, and for the account of, customers, and in no case for its own account, and the association shall not underwrite any issue of securities or stock. The association may purchase for its own account investment securities under such limitations and restrictions as the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System may jointly prescribe, by regulation. In no event shall the total amount of the investment securities of any one obligor or maker, held by the association for its own account, exceed at any time 10 percent of its capital stock actually paid in and unimpaired and 10 percent of its unimpaired surplus fund, except that such limitation shall not require any association to dispose of any securities lawfully held by it on August 23, 1935. (C) Prohibition against transactions involving structured or synthetic products A national banking association shall not invest in a structured or synthetic product, a financial instrument in which a return is calculated based on the value of, or by reference to the performance of, a security, commodity, swap, other asset, or an entity, or any index or basket composed of securities, commodities, swaps, other assets, or entities, other than customarily determined interest rates, or otherwise engage in the business of receiving deposits or extending credit for transactions involving structured or synthetic products. . (d) Permitted Activities of Federal Savings Associations (1) In general Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended— (A) by striking subparagraph (Q); and (B) by redesignating subparagraphs (R) through (U) as subparagraphs (Q) through (T), respectively. (2) Conforming amendment Section 10(c)(9)(A) of the Home Owners' Loan Act (12 U.S.C. 1467a(c)(9)(A)) is amended by striking permitted— permitted under paragraph (1)(C) or (2). (e) Closely related activities Section 4(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(c) (1) in paragraph (8), by striking had been determined (A) Serving as an investment advisor (as defined in section 2(a)(20) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(20) (B) Agency transactional services for customer investments, except that this subparagraph may not be construed as prohibiting purchases and sales of investments for the account of customers conducted by a bank (or subsidiary thereof) pursuant to the bank’s trust and fiduciary powers. (C) Investment transactions as principal, except for activities specifically allowed by paragraph (14). (D) Management consulting and counseling activities. ; (2) in paragraph (13), by striking or (3) by redesignating paragraph (14) as paragraph (15); and (4) by inserting after paragraph (13) the following: (14) purchasing, as an end user, any swap, to the extent that— (A) the purchase of any such swap occurs contemporaneously with the underlying hedged item or hedged transaction; (B) there is formal documentation identifying the hedging relationship with particularity at the inception of the hedge; and (C) the swap is being used to hedge against exposure to— (i) changes in the value of an individual recognized asset or liability or an identified portion thereof that is attributable to a particular risk; (ii) changes in interest rates; or (iii) changes in the value of currency; or . (f) Prohibited activities Section 4(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(a) (1) in paragraph (1), by striking or (2) in paragraph (2), by striking the period at the end and inserting ; or (3) by inserting before the undesignated matter following paragraph (2), the following: (3) with the exception of the activities permitted under subsection (c), engage in the business of a securities entity swaps entity 12 U.S.C. 1828(s)(6)(D) (4) engage in proprietary trading, as provided by section 13, or any rule or regulation under that section; (5) own, sponsor, or invest in a hedge fund, or private equity fund, or any other fund, as provided by section 13, or any rule or regulation under that section, or any other fund which exhibits the characteristics of a fund that takes on proprietary trading activities or positions; (6) hold ineligible securities or derivatives; (7) engage in market-making; or (8) engage in prime brokerage activities. . (g) Anti-Evasion (1) In general Any attempt to structure any contract, investment, instrument, or product in such a manner that the purpose or effect of such contract, investment, instrument, or product is to evade or attempt to evade the prohibitions described in section 18(s)(6) of the Federal Deposit Insurance Act, section 21(c) of the Banking Act of 1933, paragraph (Seventh) of section 24 of the Revised Statutes of the United States, section 5(c)(1) of the Home Owners’ Loan Act, or section 4(a) of the Bank Holding Company Act of 1956, as added or amended by this section, shall be considered a violation of the Federal Deposit Insurance Act, the Banking Act of 1933, section 24 of the Revised Statutes of the United States, the Home Owners’ Loan Act, and the Bank Holding Company Act of 1956, respectively. (2) Termination (A) In general Notwithstanding any other provision of law, if a Federal agency has reasonable cause to believe that an insured depository institution, securities entity, swaps entity, insurance company, bank holding company, or other entity over which that agency has regulatory authority has made an investment or engaged in an activity in a manner that functions as an evasion of the prohibitions described in paragraph (1) (including through an abuse of any permitted activity) or otherwise violates such prohibitions, the agency shall— (i) order, after due notice and opportunity for hearing, the entity to terminate the activity and, as relevant, dispose of the investment; (ii) order, after the procedures described in clause (i), the entity to pay a penalty equal to 10 percent of the entity’s net profits, averaged over the previous 3 years, into the United States Treasury; and (iii) initiate proceedings described in 12 U.S.C. 1818(e) (B) Construction Nothing in this paragraph shall be construed to limit the inherent authority of any Federal agency or State regulatory authority to further restrict any investments or activities under otherwise applicable provisions of law. (3) Reporting requirement Each year, each Federal agency having regulatory authority over any entity described in paragraph (2)(A) shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and shall make such report available to the public. The report shall identify the number and character of any activities that took place in the preceding year that function as an evasion of the prohibitions described in paragraph (1), the names of the particular entities engaged in those activities, and the actions of the agency taken under paragraph (2). (h) Attestation Section 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843 (k) Attestation Executives of any bank holding company or its affiliate shall attest in writing, under penalty of perjury, that the bank holding company or affiliate is not engaged in any activity that is prohibited under subsection (a), except to the extent that such activity is permitted under subsection (c). . 4. Repeal of Gramm-Leach-Bliley Act provisions (a) Termination of financial holding company designation (1) In general Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition (A) Orderly termination of existing affiliation In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company on the day before the date of enactment of this Act, any affiliation, ownership or control, or activity by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on the date of enactment of this Act. (B) Early termination The Board of Governors of the Federal Reserve System (in this section referred to as the Board (i) is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (ii) is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Board may extend the 5-year period described in subparagraph (A), as to any particular bank holding company, for not more than an additional 6 months at a time, if— (i) the Board certifies that such extension would promote the public interest and would not pose a significant risk to the stability of the banking system or financial markets of the United States; and (ii) such extension, in the aggregate, does not exceed 1 year for any one bank holding company. (D) Requirements for entities receiving an extension Upon receipt of an extension under subparagraph (C), the bank holding company shall notify its shareholders and the general public that it has failed to comply with the requirements of subparagraph (A). (3) Technical and conforming amendments (A) Bank holding company act of 1956 The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended— (i) in section 2 ( 12 U.S.C. 1841 (I) by striking subsection (p); and (II) by redesignating subsection (q) as subsection (p); (ii) in section 5(c) ( 12 U.S.C. 1844(c) (iii) in section 5 ( 12 U.S.C. 1844 (4) FDIA The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (A) by striking sections 45 and 46 ( 12 U.S.C. 1831v (B) by redesignating sections 47 through 50 as sections 45 through 48, respectively. (5) Gramm-leach-bliley Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 115 ( 12 U.S.C. 1820a (b) Financial subsidiaries of national banks disallowed (1) In general Section 5136A of the Revised Statutes of the United States ( 12 U.S.C. 24a (2) Transition (A) Orderly termination of existing affiliation In the case of a national bank which, pursuant to the amendment made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of enactment of this Act, such affiliation, ownership or control, or activity shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on the date of enactment of this Act. (B) Early termination The Comptroller of the Currency (in this section referred to as the Comptroller (i) such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (ii) is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Comptroller may extend the 5-year period described in subparagraph (A) as to any particular national bank for not more than an additional 6 months, if— (i) the Comptroller certifies that such extension would promote the public interest and would not pose a significant risk to the stability of the banking system or financial markets of the United States; and (ii) such extension, in the aggregate, does not exceed 1 year for any single national bank. (D) Requirements for entities receiving an extension Upon receipt of an extension under subparagraph (C), the national bank shall notify its shareholders and the general public that it has failed to comply with the requirements described in subparagraph (A). (3) Technical and conforming amendment The 20th undesignated paragraph of section 9 of the Federal Reserve Act ( 12 U.S.C. 335 (4) Clerical amendment The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Repeal of provision relating to foreign banks filing as financial holding companies Section 8(c) of the International Banking Act of 1978 ( 12 U.S.C. 3106(c) 5. Repeal of bankruptcy provisions Title 11, United States Code, is amended by striking sections 555, 559, 560, 561, and 562. | 21st Century Glass-Steagall Act of 2013 |
Small Business Innovation Act of 2013 - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases from $225 million to $350 million the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Direct the Administrator to establish and carry out an early-stage investment program to provide, through participating investment companies, equity financing to support early-stage businesses (gross annual sales of $15 million or less in any of the previous three years). Outlines investment company application requirements and selection and approval procedures. Allows the Administrator to make one or more equity financings to a participating company, with a limit of $100 million to any one company. Requires the company to make all of its investments in small businesses, of which at least 50% shall be early-stage small businesses in specified targeted industries. Establishes in the Treasury a separate account for equity financings under the program. | 113 S1285 IS: Small Business Innovation Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1285 IN THE SENATE OF THE UNITED STATES July 11, 2013 Ms. Baldwin Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Investment Act of 1958 to enhance the Small Business Investment Company Program and provide for a small business early-stage investment program. 1. Short title This Act may be cited as the Small Business Innovation Act of 2013 2. Program authorization Section 303(b) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b) issued by such companies , in a total amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually to reflect increases in the Chained Consumer Price Index for All Urban Consumers (C–CPI–U), as published by the Bureau of Labor Statistics of the Department of Labor) 3. Family of funds Section 303(b)(2)(B) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b)(2)(B) $225,000,000 $350,000,000 4. Small business early-stage investment program Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following: D Small business early-stage investment program 399A. Definitions In this part: (1) Early-stage small business The term early-stage small business (A) is domiciled in a State or Indian country (as defined in section 1151 (B) has not generated gross annual sales revenues exceeding $15,000,000 in any of the most recent 3 full years before the date on which the Administrator makes an equity financing to a participating investment company under section 399E. (2) Eligible applicant The term eligible applicant (A) an incorporated body, limited liability company, or limited partnership organized and chartered or otherwise existing under Federal or State law for the purpose of performing the functions and conducting the activities contemplated under the program; or (B) a manager of a small business investment company. (3) Participating investment company The term participating investment company (4) Program The term program (5) Small business concern The term small business concern (6) Small business concern in a targeted industry The term small business concern in a targeted industry (7) Targeted industry The term targeted industry (A) Advanced manufacturing. (B) Agricultural technology. (C) Biotechnology. (D) Clean energy technology. (E) Digital media. (F) Environmental technology. (G) Information technology. (H) Life sciences. (I) Water technology. 399B. Establishment of program The Administrator shall establish and carry out an early-stage investment program to provide equity financing to support early-stage small businesses in accordance with this part. 399C. Administration of program The Administrator, acting through the Associate Administrator described in section 201, shall administer the program. 399D. Applications (a) Requirements for application An application to participate in the program shall include— (1) a business plan describing how the eligible applicant intends to make successful venture capital investments in early-stage small businesses and direct capital to small business concerns in targeted industries or other business sectors; (2) information regarding the relevant venture capital investment qualifications and backgrounds of the individuals responsible for the management of the eligible applicant; and (3) a description of the extent to which the eligible applicant meets the selection criteria under section 399E. (b) Applications from managers of small business investment companies The Administrator shall establish an abbreviated application process to participate in the program for applicants that are managers of small business investment companies that are licensed under section 301. The abbreviated application process shall incorporate a presumption that managers of small business investment companies that are licensed under section 301 satisfactorily meet the selection criteria under paragraphs (3) and (5) of section 399E(b). 399E. Selection of participating investment companies (a) In general Not later than 90 days after the date on which the Administrator receives an application from an eligible applicant under section 399D, the Administrator shall make a determination to conditionally approve or disapprove the eligible applicant to participate in the program and shall transmit the determination to the eligible applicant electronically and in writing. A determination to conditionally approve an eligible applicant shall identify all conditions the eligible applicant is required to satisfy for the Administrator to provide final approval to the eligible applicant to participate in the program, and shall provide a period of not less than 1 year for the eligible applicant to satisfy the conditions. (b) Selection criteria In making a determination under subsection (a), the Administrator shall consider— (1) the likelihood that the eligible applicant will meet the goals specified in the business plan of the eligible applicant; (2) the likelihood that the investments of the eligible applicant will create or preserve jobs in the United States, both directly and indirectly; (3) the character and fitness of the management of the eligible applicant; (4) the experience and background of the management of the eligible applicant; (5) the extent to which the eligible applicant will concentrate investment activities on early-stage small businesses; (6) the likelihood that the eligible applicant will achieve profitability; (7) the experience of the management of the eligible applicant with respect to establishing a profitable investment track record; (8) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries; and (9) the extent to which the eligible applicant will concentrate investment activities on small business concerns in targeted industries that have received funds from an agency of the Federal Government, including— (A) the National Institutes of Health; (B) the National Science Foundation; and (C) funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program, as such terms are defined under section 9 of the Small Business Act ( 15 U.S.C. 638 (c) Final approval (1) In general Not later than 90 days after the date on which an eligible applicant satisfies the conditions identified by the Administrator under subsection (a), the Administrator shall provide final approval to the eligible applicant to participate in the program. (2) Exception Not later than 30 days after the date on which an eligible applicant, the partnership or management agreement of which conforms to models approved by the Administrator, satisfies the conditions identified by the Administrator under subsection (a), the Administrator shall provide final approval to the eligible applicant to participate in the program. (3) Revocation of conditional approval If an eligible applicant fails to satisfy the conditions identified by the Administrator under subsection (a) in the time period required by that subsection, the Administrator shall revoke the conditional approval. 399F. Equity financings (a) In general The Administrator may make 1 or more equity financings to a participating investment company. (b) Equity financing amounts (1) Non-Federal capital An equity financing made to a participating investment company under the program may not be in an amount that exceeds the amount of the capital of the participating investment company that is not from a Federal source and that is available for investment on or before the date on which an equity financing is drawn upon by the participating investment company. The capital of the participating investment company may include legally binding commitments with respect to capital for investment. (2) Limitation on aggregate amount The aggregate amount of all equity financings made to a participating investment company under the program may not exceed $100,000,000. (c) Equity financing process In making an equity financing under the program, the Administrator shall commit an equity financing amount to a participating investment company, and the amount of each commitment shall remain available to be drawn upon by a participating investment company— (1) for new-named investments, during the 5-year period beginning on the date on which the commitment is first drawn upon by the participating investment company; and (2) for follow-on investments and management fees, during the 10-year period beginning on the date on which the commitment is first drawn upon by the participating investment company, with not more than 2 additional 1-year periods available at the discretion of the Administrator. (d) Commitment of funds Not later than 2 years after the date on which funds are appropriated for the program, the Administrator shall make commitments for equity financings. 399G. Investments in early-stage small businesses (a) In general As a condition of receiving an equity financing under the program, a participating investment company shall make all of the investments of the participating investment company made with amounts received under the program, including securities, promissory notes, or other obligations, in small business concerns, of which at least 50 percent of the total amount of such investments shall be in early-stage small businesses in targeted industries. (b) Evaluation of compliance After a participating investment company has expended not less than 50 percent of the amount of an equity financing commitment made under section 399F, the Administrator shall evaluate the compliance of the participating investment company with the requirements under subsection (a). (c) Waiver The Administrator may waive the requirements for a participating investment company under subsection (a) if the Administrator determines that it is in the best interest of the long term solvency of the fund established in section 399J. 399H. Pro rata investment shares Each investment made by a participating investment company under the program shall be treated as comprised of capital from equity financings under the program according to the ratio that capital from equity financings under the program bears to all capital available to the participating investment company for investment. 399I. Equity financing interest (a) Equity financing Interest (1) In general As a condition of receiving an equity financing under the program, a participating investment company shall convey an equity financing interest to the Administrator in accordance with paragraph (2). (2) Effect of conveyance The equity financing interest conveyed under paragraph (1)— (A) shall have all the rights and attributes of other investors attributable to their interests in the participating investment company; (B) shall not denote control or voting rights to the Administrator; and (C) shall entitle the Administrator to a pro rata portion of any distributions made by the participating investment company equal to the percentage of capital in the participating investment company that the equity financing comprises, which shall be made at the same times and in the same amounts as any other investor in the participating investment company with a similar interest. (3) Allocations A participating investment company shall make allocations of income, gain, loss, deduction, and credit to the Administrator with respect to the equity financing interest as if the Administrator were an investor. (b) Manager profits As a condition of receiving an equity financing under the program, the manager profits interest payable to the managers of a participating investment company under the program shall not exceed 20 percent of profits, exclusive of any profits that may accrue as a result of the capital contributions of any such managers with respect to the participating investment company. Any excess of manager profits interest, less taxes payable thereon, shall be returned by the managers and paid to the investors and the Administrator in proportion to the capital contributions and equity financings paid in. No manager profits interest (other than a tax distribution) shall be paid before the repayment to the investors and the Administrator of all contributed capital and equity financings made. (c) Distribution requirements As a condition of receiving an equity financing under the program, a participating investment company shall make all distributions to all investors in cash and shall make distributions within a reasonable time after exiting investments, including following a public offering or market sale of underlying investments. 399J. Fund There is established in the Treasury a separate account (in this section referred to as the fund 399K. Application of other sections To the extent not inconsistent with requirements under this part, the Administrator may apply sections 309, 311, 312, 313, and 314 to activities under this part, and an officer, director, employee, agent, or other participant in a participating investment company shall be subject to the requirements under such sections. 399L. Annual reporting The Administrator shall include information on the performance of the program in the annual performance report of the Administration required to be submitted under section 10(a) of the Small Business Act (15 U.S.C. 639(a)). . | Small Business Innovation Act of 2013 |
Lawsuit Abuse Reduction Act of 2013 - Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question. Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence. | 113 S1288 IS: Lawsuit Abuse Reduction Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1288 IN THE SENATE OF THE UNITED STATES July 11, 2013 Mr. Grassley Mr. Coburn Mr. Rubio Committee on the Judiciary A BILL To amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes. 1. Short title This Act may be cited as the Lawsuit Abuse Reduction Act of 2013 2. Attorney accountability (a) Sanctions under Rule 11 Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) in paragraph (1), by striking may shall (2) in paragraph (2), by striking Rule 5 motion. rule 5. (3) in paragraph (4), by striking situated situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court (b) Rule of Construction Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States. | Lawsuit Abuse Reduction Act of 2013 |
Protecting Domestic Violence and Stalking Victims Act of 2013 - Amends the Brady Handgun Violence Prevention Act to revise the definition of: (1) "intimate partner" to include a dating partner and any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the state or tribal jurisdiction in which the injury occurred or where the victim resides; and (2) "misdemeanor crime of domestic violence” to include the use or attempted use of physical force or a deadly weapon by a current or former intimate partner. Prohibits: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has been convicted of a misdemeanor crime of stalking; and (2) the shipment or possession of a firearm or ammunition in interstate or foreign commerce, or the receipt of a firearm or ammunition that has been transported in interstate or foreign commerce, by an individual who has been convicted of a misdemeanor crime of stalking. | 113 S1290 IS: Protecting Domestic Violence and Stalking Victims Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1290 IN THE SENATE OF THE UNITED STATES July 11, 2013 Ms. Klobuchar Ms. Hirono Committee on the Judiciary A BILL To protect victims of stalking from gun violence. 1. Short title This Act may be cited as the Protecting Domestic Violence and Stalking Victims Act of 2013 2. Addition of dating partners and individuals subject to restraining orders (a) Definition Section 921(a) of title 18, United States Code, is amended— (1) by striking paragraph (32) and inserting the following: (32) The term intimate partner (A) means with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; and (B) includes— (i) a dating partner (as defined in section 2266); and (ii) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. ; and (2) in paragraph (33)(A)(ii)— (A) by inserting intimate partner, former spouse, (B) by inserting intimate partner, a spouse, (b) Addition of stalking Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)(ii), by striking or (B) in paragraph (9), by striking the period at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or (B) in paragraph (9), by striking the comma at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking, . | Protecting Domestic Violence and Stalking Victims Act of 2013 |
Family Engagement in Education Act of 2013 - Amends title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA) to authorize states to reserve school improvement funds to: award a grant to a statewide nonprofit organization to establish a Statewide Family Engagement Center that provides comprehensive training, technical assistance, and capacity building to local educational agencies (LEAs), organizations that support family-school partnerships, and other organizations that carry out parent education and family engagement in education programs; award grants to nonprofit organizations or Indian tribes or organizations that partner with LEAs or schools to establish and operate Local Family Engagement Centers that assist families in becoming engaged in their childrens' education; and develop and implement a statewide family engagement in education plan. Requires each state school improvement plan to include a plan for strengthening family engagement in education. Requires each LEA and school receiving school improvement funds to develop policies and practices for family engagement in education that meet specified principles and standards. Increases the percentage of school improvement funds that LEAs must reserve for family engagement activities. Requires at least 75% of those reserved funds to be distributed to schools served under the school improvement program. Requires states and correctional facilities to work with family members and aftercare providers in developing educational services and transition plans for youth following their stay in state and local institutions for neglected or delinquent youth. Requires the Director of the Institute of Education Sciences to develop recommended metrics on family engagement in education for states and LEAs and to make recommendations on the integration of those metrics into state accountability and longitudinal data systems. Directs the Secretary of Education to conduct research on effective family engagement in education. Requires states to use part of their grant under part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to train teachers and principals to effectively engage families in their children's education. Repeals programs authorizing the Secretary to award grants to: (1) nonprofit organizations and consortia of those organizations and LEAs to establish parental information and resource centers, and (2) local nonprofit parent organizations to support local family information centers. | 113 S1291 IS: Family Engagement in Education Act of 2013 U.S. Senate 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1291 IN THE SENATE OF THE UNITED STATES July 11, 2013 Mr. Reed Mr. Coons Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To strengthen families' engagement in the education of their children. 1. Short title This Act may be cited as the Family Engagement in Education Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purpose. Sec. 4. Amendment references. Sec. 5. Family engagement in education. Sec. 6. State plans. Sec. 7. Local educational agency plans. Sec. 8. Family engagement in education policy. Sec. 9. Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk. Sec. 10. Research and evaluation for family engagement in education. Sec. 11. High-quality teachers and principals. Sec. 12. Definitions. Sec. 13. Repeal of Parental Assistance and Local Family Information Centers. Sec. 14. Conforming amendments. Sec. 15. Government Accountability Office study and report. 3. Findings; purpose (a) Findings Congress finds the following: (1) Family engagement in a child's education raises student achievement, improves behavior and attendance, decreases drop-out rates, and improves the emotional and physical well-being of children. (2) Families are critical determinants of children's school readiness as well as of students' decision to pursue higher education. (3) Effective family engagement is a great equalizer for students, contributing to their increased academic achievement, regardless of parents' education level, ethnicity, or socioeconomic background. (4) Research on school improvement has identified meaningful partnerships with families and communities as 1 of 5 critical ingredients necessary to turnaround chronically low-performing schools. (5) Positive benefits for children, youth, families, and schools are maximized through effective family engagement that— (A) is a shared responsibility in which schools and other community agencies and organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children's learning and development; (B) is continuous across a child's life from birth to young adulthood; and (C) reinforces learning that takes place in all settings. (b) Purpose The purpose of this Act is to increase student success and foster school improvement by strengthening families’ engagement in the education of their children. 4. Amendment references Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 5. Family engagement in education (a) Family engagement and responsibility fund Title I ( 20 U.S.C. 6301 et seq. 1005. Family engagement and responsibility fund (a) In general Each State educational agency shall reserve not less than 0.3 percent and not more than 1 percent of such agency's allocated funds under section 1122 for each fiscal year for use as provided in subsection (b). (b) Use of reserved funds From the amounts reserved for each fiscal year under subsection (a), each State educational agency— (1) shall establish a Statewide Family Engagement Center under section 1006; (2) shall establish at least 1 Local Family Engagement Center under section 1007; and (3) may allocate any funds remaining after carrying out paragraphs (1) and (2) for building State educational agency capacity for family engagement activities under section 1008. (c) Special rule If a State's allocation under section 1122 for a fiscal year is less than $60,000,000, and such State determines that such allocation is insufficient to establish a center of sufficient size and scope to meet the requirements of paragraphs (1) and (2) of subsection (b), such State may use its allocation for activities under section 1008. . (b) Statewide Family Engagement Centers Program Title I ( 20 U.S.C. 6301 et seq. 1006. Statewide Family Engagement Centers (a) Grants authorized From the funds reserved under section 1005, each State shall award a grant or contract to a statewide nonprofit organization to establish a Statewide Family Engagement Center to provide comprehensive training, technical assistance, and capacity-building to local educational agencies, organizations that support family-school partnerships, and other organizations that carry out parent education and family engagement in education programs. (b) Applications (1) In general Each statewide nonprofit organization that desires a grant under this section shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may require. (2) Contents Each application submitted under paragraph (1) shall include, at a minimum, the following: (A) A description of the applicant's approach to family engagement in education, including the use of strength-based strategies. (B) A description of the applicant's plan for improving statewide capacity for family engagement in education, that includes— (i) management capacity and governance; (ii) statewide leadership; (iii) systemic services for family engagement in education; (iv) capacity-building for local educational agencies, and schools served under this title; and (v) student learning and school improvement. (C) A description of the applicant's experience in providing training, information, and support to local educational agencies, schools, and nonprofit organizations on family engagement in education policies and practices that are effective for low-income parents and families, limited English proficient individuals, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, parents of migrant students, and parents of Indian and Native Hawaiian students, where applicable. (D) An assurance that the Statewide Family Engagement Center will— (i) be governed by a board of directors, the membership of which includes parents of school-aged children; (ii) have a process for outreach and consultation with— (I) parents of children from birth through young adulthood; (II) representatives of the State parent-teacher association; (III) representatives of education professionals with expertise in improving services for disadvantaged children; (IV) representatives of local elementary schools and secondary schools, including students, disadvantaged youth, and representatives from local youth organizations; and (V) representatives of a State educational agency, a local educational agency, and an Indian tribe; (iii) operate a center of sufficient size, scope, and quality to ensure that the center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (iv) serve urban, suburban, and rural local educational agencies and schools; (v) work with— (I) the State educational agency, local educational agencies (including local educational agencies receiving funds under section 7113), and schools; (II) Local Family Engagement Centers assisted under section 1007; (III) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; and (IV) other organizations and agencies; (vi) use not less than 20 percent of the funds received under this section in each fiscal year to establish or expand technical assistance for evidence-based early childhood parent education programs that focus on successful transition to school; (vii) provide assistance to the State educational agency, local educational agencies, Indian tribes, and community-based organizations that support family members in areas such as assistance in understanding State and local standards and measures of student and school academic achievement and strategies for supporting school academic achievement; (viii) work with the State educational agency, local educational agencies, Indian tribes, and schools to determine parental needs and the best means for delivery of services to address such needs; and (ix) meet the requirements for matching funds under subsection (d). (c) Use of funds A statewide nonprofit organization that receives a grant under this section shall use the grant funds to provide training, technical assistance, and capacity-building in coordination with the State educational agency, local educational agencies, Indian tribes, and organizations that support family-school partnerships to— (1) assist parents in participating effectively in their children's education and to help their children meet State and local standards, such as assisting parents— (A) to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; (B) to communicate effectively with their children, teachers, principals, counselors, administrators, and other school personnel; (C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D) to participate in the design and provision of assistance to students who are not making adequate academic progress; (E) to participate in State and local decisionmaking; (F) to train other parents; and (G) to help the parents learn and use technology applied in their children's education; (2) assist the State educational agency in developing and implementing a statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; (3) assist in the development, implementation, and assessment of family engagement in education policies and plans under sections 1112 and 1118; and (4) supplement the family engagement activities under section 7115 and coordinate with the Bureau of Indian Education and Indian tribes to improve family engagement in education policies and programs, where applicable. (d) Matching funds for grant renewal For each fiscal year after the first fiscal year for which a statewide nonprofit organization receives a grant under this section, the organization shall demonstrate in the application that a portion of the services provided by the organization, as determined by the State, is supported through non-Federal contributions, which may be in cash or in-kind. (e) Submission of information Each statewide nonprofit organization that receives a grant under this section shall submit to the State, on an annual basis, information on the activities it has carried out using grant funds received under this section, including reporting on metrics developed under section 1505 and reporting on the recommendations provided by the special advisory committee and the actions taken in response to such recommendations. (f) Rule of construction Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— (1) having its employees or agents meet with a parent at a site that is not on school grounds; or (2) working with another agency that serves children. (g) Parental rights Notwithstanding any other provision of this section— (1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2) no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children. 1007. Local Family Engagement Centers Program (a) Purpose The purpose of this section is to establish and operate Local Family Engagement Centers and to evaluate the usefulness and effectiveness of innovative approaches demonstrated by these centers in engaging families in their children’s education by providing training, services, supports, and opportunities that meet families' needs and remove barriers to their engagement in their children’s education to improve student achievement. (b) Grants authorized From the funds reserved to carry out this section under section 1005(b)(2), a State educational agency shall award grants or enter into contracts and cooperative agreements with eligible entities to establish and operate Local Family Engagement Centers. (c) Priority In making grants under this section, the State shall give priority to eligible entities that propose to serve communities with the greatest need, as determined by the State. (d) Eligible Entity In this section, the term eligible entity (1) has a demonstrated record of working with low-income parents and families in the community; (2) is located in a community with elementary schools and secondary schools that receive funds under part A and is accessible to families of students in those schools; and (3) is partnering with 1 or more local educational agencies or 1 or more schools that receive funds under part A. (e) Application for grants To receive a grant under this section, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require, including— (1) a description of the entity's approach on family engagement in education, including its use of strength-based strategies; (2) information demonstrating that the applicant meets the definition of an eligible entity; (3) information that the applicant has the capacity to structure and operate a center of sufficient scope and quality adequate to serve the needs of the local area in which it is located; (4) a description of the entity’s experience in providing training, services, and support to low-income parents and families, English language learners, minorities, parents of students with disabilities, parents of homeless students, foster parents, parents of Indian and Native Hawaiian students, and parents of migrant students; (5) a description of the collaboration with the local educational agency or school personnel in the area to be served by the center; (6) a description of the steering committee, a majority of whose members are parents of students in schools that receive funds under part A, who will be targeted for services by the Local Family Engagement Center, that will direct and implement the activities of the Local Family Engagement Center; (7) a description of how the entity will coordinate its efforts with the Statewide Family Engagement Center; (8) information that the applicant is capable of meeting milestones or deadlines as the State educational agency may prescribe; and (9) such other information as the State educational agency determines necessary. (f) Uses of funds An eligible entity that receives a grant under this section shall establish and operate a Local Family Engagement Center and use the grant funds to provide training, services, and supports to engage families in their children’s education and to build the school-family partnerships necessary to ensure that all children are on track to graduate from high school ready for college and careers, such as through— (1) assisting parents and families in understanding how they can improve student achievement, including how to access ongoing student performance data and related information to support learning in the classroom with activities at home, and in afterschool and extracurricular activities; (2) assisting parents and families in supporting on-time graduation, including understanding early warning indicators that a student is at risk of not graduating on time; (3) assisting parents and families in understanding how they can prepare their children academically, socially, and financially for postsecondary education, including early awareness of the availability of student financial assistance and career and technical education opportunities; (4) training parents and families on effective ongoing communication with their children, teachers, principals, counselors, administrators, and other school personnel; (5) providing direct services to families, such as home visitation, family literacy programs, and health and behavioral health services to meet the needs of families and remove barriers for engaging in the education of their children; (6) providing advocacy services to ensure that families can fully participate in their children’s education; (7) providing supports such as transportation, childcare, and meals to facilitate family engagement in education in programs implemented or assisted by the Center; and (8) improving the coordination, availability, and effectiveness of integrated services and comprehensive supports for children and families. (g) Evaluation and annual report A State educational agency shall— (1) evaluate the effectiveness of the grants funded under this section and section 1006; and (2) issue an annual report on the implementation of such grants, describing any practices the State determines to be most effective or innovative for fulfilling the purposes of the Local Family Engagement Centers. 1008. State educational agency capacity for family engagement activities Each State may use funds reserved under section 1005(b)(3) to support the development and implementation of the statewide family engagement in education plan described in section 1111(d) through activities such as— (1) supporting an office or staff positions within the agency dedicated to family engagement in education; (2) carrying out the State’s responsibilities under sections 1006 and 1007; (3) developing and implementing a statewide data collection and evaluation system on family engagement in education metrics to identify schools that would benefit from training and support related to family engagement in education; (4) reviewing local educational agencies’ family engagement in education policies and practices as provided by sections 1112(b)(1)(P) and 1118(i), and evaluating the use of funds under this section; (5) coordinating technical assistance and support to local educational agencies, including local educational agencies receiving funds under section 7113, with schools that would benefit from training and support related to family engagement in education; (6) developing curricula for professional development for teachers, principals, school librarians, and other school leaders on improving family engagement in education; (7) developing standards and curricula for family engagement in education in partnership with teacher and principal preparation programs; and (8) coordinating statewide services related to early education, higher education, child health and welfare, after-school programs, community service-learning programs, and other programs to develop coordinated family engagement in education policies, practices, and services. . (c) Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1004 the following: Sec. 1005. Family engagement and responsibility fund. Sec. 1006. Statewide Family Engagement Centers. Sec. 1007. Local Family Engagement Centers Program. Sec. 1008. State educational agency capacity for family engagement activities. . 6. State plans (a) In general Section 1111(d) ( 20 U.S.C. 6311(d) (d) Family engagement Each State plan shall include a plan for strengthening family engagement in education. Each such plan shall, at a minimum, include— (1) a description of the State's criteria and schedule for review and approval of local educational agency family engagement in education policies and practices pursuant to sections 1112(e)(3) and 1118(i); (2) a description of the State's system and process for assessing local educational agency implementation of section 1118 responsibilities; (3) a description of the State's criteria for identifying local educational agencies that would benefit from training and support related to family engagement in education; (4) a description of the State's statewide system of technical assistance and support for local educational agencies and schools on family engagement in education; (5) an assurance that the State will, when applicable, refer to the Statewide Family Engagement Center and the applicable Local Family Engagement Center those local educational agencies that would benefit from training and support related to family engagement in education; (6) a description of the procedure assuring the State educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes and Native Hawaiian educational organizations located in the State in the development of the State plan to serve local educational agencies under its jurisdiction in order to improve the coordination of activities under this Act, to meet the purpose of this title, to meet the unique cultural, language, and educational needs of Indian and Native Hawaiian students, and to improve implementation of family engagement in education programs and services for parents of Indian and Native Hawaiian students; (7) a plan for using funds reserved under section 1005; and (8) a description of the relationship, as applicable, between the State educational agency and Statewide and Local Family Engagement Centers, parent training and information centers, and community parent resource centers in the State established under sections 671 and 672 of the Individuals with Disabilities Education Act. . (b) Reports (1) Annual State report Section 1111(h)(4) ( 20 U.S.C. 6311(h)(4) (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (H) the number of schools and the name of each school that would benefit from training and support related to family engagement in education, the reason why such school was so identified, and the measures taken to address the need for training and support; and (I) information on the State educational agency's family engagement in education programs and activities. . (2) Technical assistance Section 1111(j) ( 20 U.S.C. 6311(j) the development and implementation of policies and procedures for family engagement in education, reliable, 7. Local educational agency plans (a) In general Section 1112(b)(1)(P) ( 20 U.S.C. 6312(b)(1)(P) (P) a description of the strategy the local educational agency will use to implement and assess family engagement in education under section 1118; . (b) Engagement in developing plans Section 1112(b)(1) ( 20 U.S.C. 6312(b)(1) (1) by redesignating subparagraph (Q) as subparagraph (T); and (2) by inserting after subparagraph (P) the following: (Q) a description of how the local educational agency will engage families in the development, implementation, and assessment of local educational agency plans; (R) a description of how the local education agency will improve teacher and principal knowledge and skills in effectively engaging parents in their children’s education; (S) a description of the procedure assuring the local educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes and Native Hawaiian educational organizations located in the area served by the local educational agency in the development of the local plan in order to improve the coordination of activities under this Act, to meet the purpose of this title, to meet the unique cultural, language, and educational needs of Indian students and Native Hawaiian students, and to improve implementation of family engagement in education programs and services for parents of Indian and Native Hawaiian students; and . 8. Family engagement in education policy (a) Local educational agency development of policies and practices Section 1118 ( 20 U.S.C. 6318 (1) by redesignating subsections (a) through (h) as subsections (b) through (i), respectively; and (2) by inserting before subsection (b), as redesignated by paragraph (1), the following: (a) In general Each local educational agency and each school receiving funds under this part shall develop policies and practices for family engagement in education that meet the following principles and standards for family-school partnerships: (1) Welcome all families to be active participants in the life of the school, so that they feel valued and connected to each other, school staff, and what students are learning in class. (2) Communicate effectively by ensuring regular two-way, meaningful communication between family members and local educational agency and school staff in a manner, language, and with technology that family members can understand and access. (3) Support student success by fostering continuous collaboration between family members and local educational agency and school staff to support student learning and healthy development at school and at home. (4) Speak up for every child and empower family members to be advocates for all students within the school. (5) Ensure that family members, local educational agencies, and school staff are equal partners in family engagement in education decisionmaking. (6) Collaborate with community organizations and groups to turn the school into a hub of community life. (7) Create a continuum of family engagement in education in student learning and development from birth to young adulthood. (8) Train and support superintendents, principals, and teachers to fully engage families in the education of their children. . (b) Written policy Section 1118(b)(2), as redesignated by subsection (a), is amended— (1) in subparagraph (C), by striking subsection (e) subsection (f) (2) in subparagraph (E), by striking and (3) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (G) participate in evaluations of the effectiveness of family engagement in education strategies and policies; and (H) participate in developing recommendations for creating a positive school climate and safe and healthy schools. . (c) Reservation Section 1118(b)(3)(A), as redesignated by subsection (a), is amended to read as follows: (A) In general Each local educational agency shall reserve not less than 2 percent of its allocation under subpart 2 to carry out this section, except that this subparagraph shall not apply if 2 percent of such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $10,000 or less. . (d) Distribution Section 1118(b)(3)(C), as redesignated by subsection (a), is amended to read as follows: (C) Distribution Not less than 75 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part. . (e) Reserved funds Section 1118(b)(3), as redesignated by subsection (a), is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) Use of funds Funds reserved under subparagraph (A) may be used for the following: (i) Increasing capacity through establishment of a dedicated office or dedicated personnel within the local educational agency or at the school level for family engagement in education. (ii) Supporting schools and nonprofit organizations in providing professional development on family engagement in education for school staff, parent leadership training, family literacy and numeracy programs, home visitation programs, family volunteerism programs, and other innovative programs that meaningfully engage families. (iii) Developing and implementing local educational agency family engagement in education data-collection systems and indicators. (iv) Providing technical assistance and training to schools on the implementation and assessment of family engagement in education policies and practices. (v) Providing additional support to schools that have been identified for improvement under section 1116(b) to assist in their implementation of family engagement in education, including the hiring and maintenance of family engagement in education coordinators. (vi) Partnering with the Statewide Family Engagement Center and the applicable Local Family Engagement Centers or community-based organizations to identify community resources, services, and supports to remove economic obstacles to family engagement in education by meeting families’ needs. (vii) Supporting schools and eligible entities in the development and implementation of research-based family practices in programs that emphasize the importance of family engagement in education, including— (I) successful transitions from early learning to kindergarten through grade 12 settings; (II) improved understanding of and shared responsibility for student success; (III) use of student and school data; (IV) importance of open, effective communication between schools and families; (V) early warning indicators that a student is at risk of not graduating on time; (VI) parent and community advocacy to increase parent participation; and (VII) improved understanding of the parents’ role in academic, social, and financial preparation for postsecondary education, including career and technical education. (viii) Assisting schools in the development, implementation, and assessment of family engagement in education plans. (ix) Monitoring and evaluating the family engagement in education policies and practices funded under this section. (x) Supporting other activities approved in the local education agency’s plan for improving family engagement in education. . (f) School parental involvement policy Section 1118(c)(1), as redesignated by subsection (a), is amended in the first sentence by striking subsections (c) through (f) subsections (d) through (g) (g) Shared responsibility for high student academic achievement Section 1118(e), as redesignated by subsection (a), is amended— (1) in the matter preceding paragraph (1), by striking subsection (b) subsection (c) (2) by striking paragraph (1) and inserting the following: (1) describe the school’s responsibility to— (A) provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the State’s student academic achievement standards, and the ways in which each parent will support their children’s learning, such as— (i) monitoring attendance and homework completion; (ii) volunteering in their child’s classroom or school; and (iii) participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and (B) engage family members in the development of recommendations for student attendance, expectations, behavior, and school safety, including the development of reasonable disciplinary policies and behavioral interventions, such as the implementation of school-wide positive behavior interventions and supports and the phase-out of out-of-school suspension and expulsion; and . 9. Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk (a) State plan and state agency applications Section 1414 ( 20 U.S.C. 6434 (1) in subsection (a)(1)— (A) in subparagraph (B), by striking and (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: (C) that contains an assurance that each child or youth serviced by the program will have a transition plan developed in partnership with families and aftercare providers that will place the child or youth on a path to career and college readiness; and ; and (2) in subsection (c)— (A) by redesignating paragraphs (15) through (19) as paragraphs (17) through (21), respectively; and (B) by inserting after paragraph (14) the following: (15) describes how the State agency will implement family engagement in education policies and practices that align with section 1118; (16) includes an assurance that the State agency will establish, for each child or youth served under this subpart, an educational services and transition plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program that will receive the child or youth following their period of service under this subpart; . (b) Local educational agency applications Section 1423 ( 20 U.S.C. 6453 (1) by redesignating paragraphs (9) through (13) as paragraphs (11) through (15), respectively; and (2) by inserting after paragraph (8) the following: (9) a description of how schools will implement family engagement in education policies and practices that align with the provisions of section 1118; (10) an assurance that the local educational agency will establish for each child or youth served under this subpart an educational services plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program receiving the child or youth following their period of service under this subpart; . (c) Program requirements for correctional facilities receiving funds under this section Section 1425 (20 U.S.C. 6455) is amended— (1) in paragraph (10), by striking and (2) by striking the period at the end of paragraph (11) and inserting a semicolon; and (3) by adding at the end the following: (12) prepare an educational services and transition plan for each child or youth served by the program, in partnership with families and aftercare providers, consistent with section 1414(a)(1)(C); and (13) establish for each child or youth residing in the facility and serviced by this subpart an educational services and transition plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program receiving the child or youth following their period of service under this subpart. . 10. Research and evaluation for family engagement in education (a) In general Part E of title I (20 U.S.C. 6491 et seq.) is amended by adding at the end the following: 1505. Research and evaluation for family engagement in education (a) Development of metrics for family engagement Not later than 1 year after the date of enactment of the Family Engagement in Education Act of 2013, the Director of the Institute of Education Sciences, after consultation with the advisory committee established under subsection (b), shall develop recommended metrics on family engagement in education for State educational agencies that reserve funds under section 1005 and local educational agencies that reserve funds under section 1118 and provide recommendations on the integration of metrics into State accountability and longitudinal data systems. (b) Advisory committee The Secretary shall appoint an advisory committee, including researchers and representatives from national nonprofit organizations with expertise in family engagement in education, to make data-driven recommendations regarding metrics required under subsection (a). (c) Research for effective family engagement in education From funds appropriated to carry out this subpart, the Secretary shall conduct research on effective family engagement in education, including through awarding grants and entering into contracts with eligible entities. Such research may include— (1) exploratory research to discover the underlying processes or components of family engagement in education programs that are associated with improved education outcomes for students; (2) research to— (A) develop culturally sensitive strategies or programs for improving family engagement in education; and (B) rigorously evaluate the impact of such strategies or programs on students' education outcomes; and (3) research to— (A) develop professional development programs intended to enable school personnel to support parental involvement in education; and (B) rigorously evaluate the impact of such programs on students' education outcomes. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1504 the following: Sec. 1505. Research and evaluation for family engagement in education. . 11. High-quality teachers and principals (a) State application contents Section 2112(b) ( 20 U.S.C. 6612(b) (13) A description of how the State educational agency will improve teacher and principal knowledge and skill in effectively engaging families in their children’s education. . (b) State activities Section 2113(c) ( 20 U.S.C. 6613(c) (1) by redesignating paragraphs (12) through (18) as paragraphs (13) through (19), respectively; and (2) by inserting after paragraph (11) the following: (12) Training of teachers and principals on how to effectively engage families in their children's education. . 12. Definitions Section 9101 ( 20 U.S.C. 7801 (1) by striking paragraph (32); (2) by redesignating paragraphs (20) through (31) as paragraphs (21) through (32), respectively; and (3) by inserting after paragraph (19) the following: (20) Family engagement in education The term family engagement in education (A) of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children’s learning and development; and (B) that is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. . 13. Repeal of Parental Assistance and Local Family Information Centers (a) In general Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. (1) by striking subpart 16; and (2) by redesignating subparts 17, 18, 19, 20, and 21, as subparts 16, 17, 18, 19, and 20, respectively. (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by striking the item relating to subpart 16 of part D of title V; (2) by striking the items relating to sections 5561, 5562, 5563, 5564, 5565, and 5566; and (3) by redesignating the items relating to subparts 17, 18, 19, 20, and 21 of part D of title V, as subparts 16, 17, 18, 19, and 20 of part D of title V, respectively. 14. Conforming amendments The Act (20 U.S.C. 6301 et seq.) is amended by striking— (1) parental involvement parent involvement family engagement in education (2) involvement of parents engagement of families (3) parental information and resource center Statewide Family Engagement Center (4) parental information and resource centers Statewide Family Engagement Centers (5) involve parents engage families 15. Government Accountability Office study and report (a) Study (1) In general The Comptroller General of the United States shall conduct a study, and make findings and recommendations relating to compliance with, and use of funds made available for, section 1118 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6318 (2) Inclusions The study shall include a review and analysis of— (A) the use of funds reserved by local educational agencies for family engagement in education under such section 1118; (B) the innovative, effective, replicable, or model family engagement in education policies, practices, and uses of funds of State educational agencies and local educational agencies determined by the Secretary of Education to be in alignment with section 1118; (C) any barriers to State educational agencies and local educational agencies in implementing section 1118; (D) any barriers to Indian tribes and Native Hawaiian educational organizations in developing, implementing, and assessing family engagement in education policies and practices; and (E) the use of data collection and reporting and outcome and assessment systems of State educational agencies and local educational agencies to determine the extent to which family engagement in education is implemented as described in section 1118. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report containing the findings and recommendations resulting from the study conducted under this section. | Family Engagement in Education Act of 2013 |
Defund Obamacare Act of 2013 - Prohibits any federal funds from being made available to carry out the provisions of the Patient Protection and Affordable Care Act or the health care provisions of the Health Care and Education Reconciliation Act of 2010. Prohibits any entitlement to benefits under such provisions from remaining in effect on and after the date of the enactment of this Act. Prohibits any payments from being awarded, owed, or made to any state, district, or territory under any such provision. Rescinds any unobligated balances available under such provisions. | 113 S1292 PCS: Defund Obamacare Act of 2013 U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 135 113th CONGRESS 1st Session S. 1292 IN THE SENATE OF THE UNITED STATES July 11, 2013 Mr. Cruz Mr. Inhofe Mr. Risch Mr. Lee Mr. Paul Mr. Blunt Mr. Barrasso Mr. Rubio Mr. Isakson Mr. Heller Mr. Burr Mr. Toomey Mr. Cornyn Mr. McConnell Mr. Enzi Mr. Wicker Mrs. Fischer Mr. Moran Mr. Vitter Mr. Alexander Mr. Grassley Mr. Scott Mr. Roberts Mr. Chambliss Mr. Graham July 16 (legislative day, July 15), 2013 Read the second time and placed on the calendar A BILL To prohibit the funding of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Defund Obamacare Act of 2013 2. Prohibition on funding (a) In general Notwithstanding any other provision of law, no Federal funds shall be made available to carry out any provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) or title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 (b) Limitation No entitlement to benefits under any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 (c) Unobligated balances Notwithstanding any other provision of law, all unobligated balances available under the provisions of law referred to in subsection (a) are hereby rescinded. July 16 (legislative day, July 15), 2013 Read the second time and placed on the calendar | Defund Obamacare Act of 2013 |
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Tennessee Wilderness Act - Designates specified federal lands in Cherokee National Forest in Tennessee as wilderness and as additions to the National Wilderness Preservation System. | 113 S1294 IS: Tennessee Wilderness Act U.S. Senate 2013-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1294 IN THE SENATE OF THE UNITED STATES July 15, 2013 Mr. Alexander Mr. Corker Committee on Energy and Natural Resources A BILL To designate as wilderness certain public land in the Cherokee National Forest in the State of Tennessee, and for other purposes. 1. Short title This Act may be cited as the Tennessee Wilderness Act 2. Definitions In this Act: (1) Map The term Map Proposed Wilderness Areas and Additions-Cherokee National Forest (2) Secretary The term Secretary (3) State The term State 3. Additions to Cherokee National Forest (a) Designation of wilderness In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the Cherokee National Forest in the State of Tennessee are designated as wilderness and as additions to the National Wilderness Preservation System: (1) Certain land comprising approximately 9,038 acres, as generally depicted as the Upper Bald River Wilderness Upper Bald River Wilderness (2) Certain land comprising approximately 348 acres, as generally depicted as the Big Frog Addition (3) Certain land comprising approximately 630 acres, as generally depicted as the Little Frog Mountain Addition NW (4) Certain land comprising approximately 336 acres, as generally depicted as the Little Frog Mountain Addition NE (5) Certain land comprising approximately 2,922 acres, as generally depicted as the Sampson Mountain Addition (6) Certain land comprising approximately 4,446 acres, as generally depicted as the Big Laurel Branch Addition (7) Certain land comprising approximately 1,836 acres, as generally depicted as the Joyce Kilmer-Slickrock Addition (b) Maps and legal descriptions (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas designated by subsection (a) with the appropriate committees of Congress. (2) Public availability The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Cherokee National Forest. (3) Force of law The maps 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 typographical errors in the maps and descriptions. (c) Administration Subject to valid existing rights, the Federal land designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. | Tennessee Wilderness Act |
Servicemember's Electronic Health Records Act of 2013 - Amends the Wounded Warrior Act to require the Secretaries of Defense and Veterans Affairs, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Department of Defense (DOD) and Department of Veterans Affairs (VA), to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created by the Departments within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Requires the Secretaries to assess the feasibility and advisability of establishing a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage) to: (1) provide members of the Armed Forces and veterans the ability to upload their health care records, and (2) allow DOD and VA medical providers of the Departments to access such records. | 113 S1296 IS: Servicemember's Electronic Health Records Act of 2013 U.S. Senate 2013-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1296 IN THE SENATE OF THE UNITED STATES July 15, 2013 Mr. Nelson Committee on Veterans' Affairs A BILL To amend the Wounded Warrior Act to establish a specific timeline for the Secretary of Defense and the Secretary of Veterans Affairs to achieve interoperable electronic health records, and for other purposes. 1. Short title This Act may be cited as the Servicemember's Electronic Health Records Act of 2013 2. Timeline for implementing interoperable electronic health records (a) Establishment of timeline Section 1635 of the Wounded Warrior Act ( 10 U.S.C. 1071 (k) Timeline In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that— (1) the creation of a health data authoritative source by the Department of Defense and Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; (2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the Blue Button Initiative (3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; (4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and (6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015. . (b) Cloud storage Section 1635 of such Act is further amended by adding at the end the following new subsection: (l) Cloud storage The Secretary of Defense and the Secretary of Veterans Affairs shall assess the feasibility and advisability of establishing a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage (1) provide members of the Armed Forces and veterans the ability to upload the health care records of the member or veteran if the member or veteran elects to do so; and (2) allow medical providers of the Department of Defense and the Department of Veterans Affairs to access such records in the course of providing care to the member or veteran. . (c) Conforming amendments Section 1635 of such Act is further amended— (1) in subsection (a), by striking The Secretary In accordance with the timeline described in subsection (k), the Secretary (2) in the matter preceding paragraph (1) of subsection (e), by inserting in accordance with subsection (k) under this section | Servicemember's Electronic Health Records Act of 2013 |
Government Transformation Act of 2013 - Establishes the Government Transformation Commission as an independent commission. Directs the Commission to: make specific and actionable recommendations to congressional committees for legislative changes, including opportunities to increase efficiency and reduce government costs, proposals to reduce government expenditures and indebtedness and improve personnel management, and proposals to make the federal government more economical, efficient, and effective; make recommendations to the President for the elimination, consolidation, or improvement of federal programs and for reinvestment and opportunities for innovation in federal agencies; provide advice and recommendations to federal agencies to make programs more economical, efficient, and effective, to the Office of Management and Budget (OMB) to improve and report on agency performance plans, and to Congress, OMB, and federal agencies on the design and implementation of significant new federal programs; provide a mechanism whereby federal employees, citizens, and other interested parties can offer ideas and recommendations for reviewing and improving federal programs; conduct research into best organization practices and government reform efforts and provide a repository for such information; develop and maintain criteria and a schedule for assessing federal agencies and programs; assess program evaluations; maintain the privacy and security of any data used by the Commission; and support requests made under the Freedom of Information Act. Requires the Commission to make interim and annual reports on its activities to the President and Congress. Provides for expedited congressional consideration of legislation to implement recommendations of the Commission. Terminates the Commission seven years after the enactment of this Act. | 113 S1297 IS: Government Transformation Act of 2013 U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1297 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Kirk Committee on Homeland Security and Governmental Affairs A BILL To establish the Government Transformation Commission to review and make recommendations regarding cost control in the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Government Transformation Act of 2013 2. Definitions In this Act, the following definitions apply: (1) Commission The term Commission (2) Duplicative program The term duplicative program (3) Implementation bill The term implementation bill (4) Member The term member (5) Program The term program (A) any activity or function of an agency; (B) any activity or function that is implemented by 2 or more agencies; and (C) any infrastructure activity or function that supports more than 1 agency. 3. Establishment There is established an independent commission to be known as the Government Transformation Commission 4. Duties of Commission (a) In general The duties of the Commission shall be to— (1) make specific and actionable recommendations to appropriate committees of Congress for specific legislative changes, including— (A) opportunities to increase efficiency and reduce costs in the Federal Government through actions by the executive branch or by Congress; (B) areas where managerial accountability can be enhanced and administrative control can be improved in both the short and long term; (C) specific areas where further study can be justified by potential savings; (D) proposals to reduce governmental expenditures and indebtedness and improve personnel management; and (E) proposals to make the Federal Government more economical, efficient, and effective; (2) make specific and actionable recommendations to the President for— (A) the elimination, consolidation, or improvement of Federal Government programs if, based on the judgment of the Commission, such actions would enhance the efficiency of the program; and (B) reinvestment and opportunities for innovation in Federal agencies; (3) provide advice and recommendations to— (A) Federal agencies to make programs more economical, efficient, and effective, and reassess the effectiveness of any changes made by a Federal agency in response to the advice and recommendations; (B) the Office of Management and Budget to improve and report on Federal Government and agency performance plans, as required under section 1115 (C) Congress, the Office of Management and Budget, and Federal agencies regarding, the design and implementation of significant new Federal programs to ensure the efficient, effective, and economical development and execution of the program; (4) provide a mechanism by which Federal Government employees, citizens of the United States, and other interested parties can offer ideas and make recommendations for reviewing and improving Federal Government programs; (5) conduct research into best organizational practices and Federal Government reform efforts, and provide a repository for such information that supports Federal agencies in further and continual improvements; (6) develop and maintain a criteria and schedule for assessing Federal Government agencies and programs; (7) assess program evaluations performed by Federal agencies or program activities; (8) maintain the privacy and security of any data used by the Commission, as required by law; and (9) support requests for information under section 552 (b) Reports (1) Interim activity report Not later than 6 months after the date on which all initial members of the Commission are appointed, and every year thereafter, the Commission shall submit to the President and to Congress a report to describe the activities of the Commission. (2) Annual report (A) In general Not later than 1 year after the date on which all initial members of the Commission are appointed, and not less frequently than each year thereafter, the Commission shall submit a report to the President and to Congress, which shall include— (i) the findings and conclusions of the Commission; (ii) suggestions for implementing the best practices of Federal agencies; (iii) proposals for administrative action or executive action that include recommendations for— (I) improvement or investment in Federal programs; or (II) elimination, reduction, or consolidation of Federal programs; and (iv) justification for the recommendations described in clause (iii). (B) Proposed legislation (i) In general Not later than 1 year after the date on which all initial members of the Commission are appointed, and annually thereafter, the Commission shall, using any report submitted to Congress under subparagraph (A), submit to Congress proposed legislation to carry out recommendations developed under subsection (a)(1). (ii) Limitation Proposed legislation submitted under this subparagraph shall be agreed to by not less than 5 members of the Commission. (3) Report on historical data Not later than 4 years after the date on which all initial members of the Commission are appointed, and every 2 years thereafter, the Commission shall submit a report to the President and to Congress on historical data and trends relevant to the information studied by the Commission, including any available data on reducing costs in the Federal Government. 5. Membership (a) Number and appointment (1) In general The Commission shall be composed of 7 members, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed by the Speaker of the House of Representatives; (D) 1 shall be appointed by the minority leader of the House of Representatives; and (E) 3 shall be appointed by the President, of whom— (i) not less than 1 member shall be from each of the 2 major political parties; and (ii) 1 member shall not be from either of the 2 major political parties. (2) Qualifications The members of the Commission appointed under paragraph (1) shall— (A) include individuals from various professions who are recognized for their expertise in agencies, government efficiency, waste reduction, finance and economics, or actuarial sciences; and (B) reflect a broad geographic representation. (3) Prohibited appointments (A) Government employees A member of the Commission appointed under paragraph (1) may not be an officer or employee of the Federal Government or any State or local government. (B) Political party Not more than 3 members of the Commission may be members of the same political party. (4) Completion of appointments Not later than 180 days after the date of enactment of this Act, the appointing authorities under paragraph (1) shall each make their respective appointments. (5) Terms Each member of the Commission shall be appointed for a term of 3 years, and may be reappointed for 1 additional term. (6) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (b) Co-Chairmen The President shall designate 2 Co-Chairmen of the Commission, who may not be members of the same political party, at the time of nomination of members of the Commission. (c) Rates of pay (1) In general Each member, other than the Co-Chairmen, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level V of the Executive Schedule under section 5316 (2) Chairman The Co-Chairmen shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (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 (d) Quorum 5 members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Meetings The Commission shall meet at the call of the Co-Chairmen. 6. Director; staff; experts and consultants (a) Director The Commission shall have a Director who shall be appointed by the Co-Chairmen. The Director shall be paid at the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff (1) In general With the approval of the Commission, the Director may appoint and fix the pay of personnel as the Director considers appropriate. (2) Applicability of certain civil service laws The Director may appoint the personnel of the Commission without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title. (3) Staff of Federal agencies Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (c) Experts and consultants The Commission may procure by contract temporary and intermittent services under section 3109(b) (d) Conflicts of interest A member of the Commission, the Director, or any other employee of the Commission may not, indirectly or directly, participate in any action that would be a conflict of interest with any action of the Commission. 7. Powers of Commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman, the head of that department or agency shall furnish that 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. (e) Administrative support services Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Contract authority The Commission may contract with and compensate Government and private agencies or persons for products and services necessary for the Commission to carry out its responsibilities under this Act. 8. Expedited Congressional consideration of proposed legislation (a) Introduction Proposed legislation submitted under section 4(b)(2)(B) shall be introduced in the Senate (by request) on the next day on which the Senate is in session after the date on which the proposed legislation is submitted by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (b) Consideration in the House of Representatives (1) Referral and reporting Any committee of the House of Representatives to which an implementation bill is referred shall report it to the House without amendment not later than 15 days after the date on which the bill is referred to the committee. If a committee fails to report the implementation bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the implementation bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2) Proceeding to consideration After the last committee authorized to consider an implementation bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the implementation bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the implementation bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration An implementation bill shall be considered as read. All points of order against the implementation bill and against its consideration are waived. The previous question shall be considered as ordered on an implementation bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the implementation bill. A motion to reconsider the vote on passage of an implementation bill shall not be in order. (4) Vote on passage The vote on passage of an implementation bill shall occur not later than 90 days after the date on which the implementation bill is submitted to Congress. (c) Expedited procedure in the Senate (1) Committee consideration An implementation bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 15 days after the date on which the implementation bill is referred to the committee. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. (2) Motion to proceed Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which an implementation bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the implementation bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the implementation bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the implementation bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business until disposed of. (3) Consideration All points of order against an implementation bill and against consideration of an implementation bill are waived. Consideration of an implementation bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on an implementation bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of an implementation bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration. (4) No amendments An amendment to an implementation bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit an implementation bill, is not in order. (5) Vote on passage If the Senate has voted to proceed to an implementation bill, the vote on passage of an implementation bill shall occur immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of an implementation bill shall occur not later than 90 days after the date on which the implementation bill is submitted to Congress. (6) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Amendment An implementation bill shall not be subject to amendment in either the House of Representatives or the Senate. (e) Consideration by the other house (1) In general If, before passing an implementation bill, one House receives from the other an implementation bill— (A) the implementation bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no implementation bill had been received from the other House until the vote on passage, when the implementation bill received from the other House shall supplant the implementation bill of the receiving House. (2) Revenue measure This subsection shall not apply to the House of Representatives if the implementation bill received from the Senate is a revenue measure. (f) Rules To coordinate action with other house (1) Treatment of implementation bill of other house If the Senate fails to introduce or consider an implementation bill under this section, the implementation bill of the House shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the senate If following passage of an implementation bill in the Senate, the Senate then receives the implementation bill from the House of Representatives, the House-passed implementation bill shall not be debatable. The vote on passage of the implementation bill in the Senate shall be considered to be the vote on passage of the implementation bill received from the House of Representatives. (3) Vetoes If the President vetoes an implementation bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (g) Loss of privilege The provisions of this section shall cease to apply to an implementation bill if the implementation bill does not pass both Houses not later than 180 days after the implementation bill is submitted to Congress. 9. Termination The Commission shall terminate on the date that is 7 years after the date of enactment of this Act. 10. Funding (a) Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 2014 through 2019 such sums as may be necessary to carry out this Act. (b) Offset by savings realized through Commission For each fiscal year after 2014, and to the extent possible, the costs of carrying out the provisions of this Act shall be offset by the reductions in appropriated amounts carried out as a result of recommendations proposed by the Commission. | Government Transformation Act of 2013 |
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Powell Shooting Range Land Conveyance Act - Directs the Secretary of the Interior to convey to the Powell Recreation District in Wyoming, without consideration, the land managed by the Bureau of Land Management (BLM) in the Wind River District and identified as the Powell Gun Club for use as: (1) a shooting range, or (2) for any other public purpose consistent with the uses allowed under the Recreation and Public Purposes Act. Instructs the Secretary to require the District to pay all survey and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, such land. Requires the conveyed land to revert, at the discretion of the Secretary, to the United States if such land ceases being used for a public purpose. Requires the District to agree in writing to: (1) pay administrative costs associated with such conveyance, including the costs of environmental, wildlife, cultural, or historical resources studies; and (2) release and indemnify the United States from claims or liabilities that may arise from the uses carried out on such land on or before this Act's enactment. | S130 ENR: Powell Shooting Range Land Conveyance Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen S. 130 IN THE SENATE OF THE UNITED STATES AN ACT To require the Secretary of the Interior to convey certain Federal land to the Powell Recreation District in the State of Wyoming. 1. Short title This Act may be cited as the Powell Shooting Range Land Conveyance Act 2. Definitions In this Act: (1) District The term District (2) Map The term map Powell, Wyoming Land Conveyance Act 3. Conveyance of land to the Powell Recreation District (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights, the Secretary shall convey to the District, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 322 acres of land managed by the Bureau of Land Management, Wind River District, Wyoming, as generally depicted on the map as Powell Gun Club (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only— (1) as a shooting range; or (2) for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act (e) Administrative costs The Secretary shall require the District to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. (g) Conditions As a condition of the conveyance under subsection (a), the District shall agree in writing— (1) to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies; and (2) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the land described in subsection (b) on or before the date of enactment of this Act by the United States or any person. Speaker of the House of Representatives Vice President of the United States and President of the Senate | Powell Shooting Range Land Conveyance Act |
Stewardship Contracting Reauthorization and Improvement Act - (Sec. 2) Amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and public lands that meet local and rural community needs. States that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. Requires a source for performance of an agreement or contract under this Act to be selected on a best-value basis. Permits a contract, at the discretion of the Secretary of Agriculture (USDA), to be considered a contract for the sale of property. Limits contracts to no more than 10 years. Allows, as an offset against the cost of services received under the agreement or contract, the value of removed timber or other forest products. Sets forth requirements for fire liability provisions. Permits the Forest Service and the BLM to collect monies from an agreement or contract if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this Act. Allows recovery of certain costs of removal of timber or other forest products, notwithstanding that the contractor did not harvest the timber. Authorizes performance and payment bonds in an amount determined sufficient to protect the investment in receipts by the federal government generated by the contractor from the estimated value of the forest products to be removed. Requires a multiparty monitoring and evaluation process to assess the stewardship contracting projects conducted under this Act. Requires annual reports to Congress on: (1) the status of agreements or contracts under this Act, (2) the accomplishments that have resulted, and (3) the role of local communities in the development of agreements or contract plans. Instructs the Forest Service and the BLM to offset any direct spending authorized under this Act using any additional amounts that may be made available to the Forest Service or the BLM for the applicable fiscal year. | 113 S1300 IS: Stewardship Contracting Reauthorization and Improvement Act U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1300 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Flake Mr. McCain Mr. Crapo Mr. Risch Mr. Heller Committee on Energy and Natural Resources A BILL To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. 1. Short title This Act may be cited as the Stewardship Contracting Reauthorization and Improvement Act 2. Stewardship end result contracting projects (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 602. Stewardship end result contracting projects (a) Definitions In this section: (1) Chief The term Chief (2) Director The term Director (b) Projects Until September 30, 2023, the Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. (c) Land management goals The land management goals of a project under subsection (b) may include— (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. (d) Agreements or contracts (1) Procurement procedure A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. (2) Contract for sale of property A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. (3) Term (A) In general Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 (B) Maximum The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. (4) Offsets (A) In general The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). (B) Methods of appraisal The value of timber or other forest products used as an offset under subparagraph (A)— (i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and (ii) may— (I) be determined using a unit of measure appropriate to the contracts; and (II) may include valuing products on a per-acre basis. (5) Cancellation ceilings (A) In general The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. (B) Notice (i) Submission to congress Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director 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 written notice that includes— (I) (aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and (bb) the reasons for the cancellation ceiling amounts proposed under item (aa); (II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and (III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. (ii) Transmittal to OMB At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i). (6) Relation to other laws Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (7) Contracting officer Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). (8) Fire liability provisions Not later than 90 days after the date of enactment of this section, the Chief and the Director shall issue for use in all contracts and agreements under subsection (b) fire liability provisions that are in substantially the same form as the fire liability provisions contained in— (A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400–13, part H, section H.4; and (B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (e) Receipts (1) In general The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. (2) Use Monies from an agreement or contract under subsection (b)— (A) may be retained by the Chief and the Director; and (B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. (3) Relation to other laws (A) In general Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. (B) Knutson-Vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act 16 U.S.C. 576 et seq. (f) Costs of removal Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under— (1) the Act of August 11, 1916 ( 16 U.S.C. 490 (2) the Act of June 30, 1914 ( 16 U.S.C. 498 (g) Performance and payment guarantees (1) In general The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). (2) Excess offset value If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director shall— (A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or (B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. (h) Monitoring and evaluation (1) In general The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. (2) Participants Other than the Chief and Director, participants in the process described in paragraph (1) may include— (A) any cooperating governmental agencies, including tribal governments; and (B) any other interested groups or individuals. (i) Reporting Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on— (1) the status of development, execution, and administration of agreements or contracts under subsection (b); (2) the specific accomplishments that have resulted; and (3) the role of local communities in the development of agreements or contract plans. . (b) Offset To the extent necessary, the Chief and the Director shall offset any direct spending authorized under section 602 of the Healthy Forests Restoration Act of 2003 (as added by subsection (a)) using any additional amounts that may be made available to the Chief or the Director for the applicable fiscal year. (c) Conforming amendment Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 | Stewardship Contracting Reauthorization and Improvement Act |
Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 - Provides for the management of forest service land in Washington on the eastside of the Cascade Range (covered area). (Sec. 102) Directs the Forest Service to manage the forest in accordance with this Act for 15 years. Directs the Forest Service in the covered area to seek to: (1) conserve and restore forest and watershed health; (2) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (3) allow for characteristic natural disturbances; and (4) harvest wood to maintain the appropriate scale of industry infrastructure to accomplish these goals. Instructs the Forest Service to: (1) use landscape-scale planning based on watershed boundaries as a tool to implement vegetation management and ecological restoration projects; and (2) seek to achieve planning and implementation efficiencies by working with the relevant collaborative group, the Eastside Forest Scientific and Technical Advisory Panel established by this Act, and other partners. Instructs the Forest Service to identify and retain trees that are 150 years of age or older, with exceptions. Limits road construction in carrying out any vegetation management project. Requires the Forest Service to ensure that the projects include monitoring to inform an assessment of the effectiveness of treatments and adaptive management of future projects. (Sec. 103) Authorizes the Forest Service to establish performance objectives for the covered area. Requires each performance goal to be measured annually for a 15-year period. Requires the Forest Service to prioritize vegetative management project and hazardous fuels reduction activities in the covered area. Requires the Forest Service to prepare, offer, and promptly implement projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct and meet specified criteria. Requires the Forest Service to prioritize for treatment any area that has opportunities for reduced planning and implementation costs because of opportunities to work with a collaborative group on a project, or opportunities to use non-federal resources to complete a project. (Sec. 104) Requires the primary focus of aquatic and riparian protection activities to be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience. States that desired watershed conditions shall include maintaining or enhancing riparian processes and conditions to ensure that the watersheds operate consistently with local disturbance regimes and support native flora and fauna. Directs the Forest Service to develop an aquatic and riparian conservation strategy that incorporates riparian management areas, key watersheds, watershed analysis, watershed restoration and monitoring. (Sec. 105) Requires the Secretary to establish the Eastside Forest Scientific and Technical Advisory Panel to advise the Secretary, collaborative groups, and the public about the development and implementation of: (1) goals to improve forest and watershed health and related social and economic goals in the covered area; and (2) projects needed to accomplish goals. (Sec. 106) Directs the Forest Service to implement ecological restoration projects in the covered area to support land management goals. Directs the Forest Service to implement at least one ecological restoration project with a gross planning area of 50,000 acres for each national forest in the covered area that provides landscape-scale work within a watershed area within three years. Requires the Forest Service, in developing and implementing ecological restoration projects, to consider the best available science and data, the recommendations of the Advisory Panel, the views of collaborative groups, and dry and moist forest plant association groups. Requires the Forest Service to examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health. Requires the Forest Service to prioritize ecological restoration projects in the covered area, taking into consideration: (1) the criteria to be considered in developing and implementing such projects, and (2) the degree to which such projects would improve forest health and watershed health. Instructs the Forest Service, in selecting and planning ecological restoration projects, to prioritize projects that meet certain criteria. (Sec. 107) Directs the Forest Service to consult with, and consider the recommendations of, any collaborative group that meet certain criteria. (Sec. 108) Directs the Forest Service to carry out vegetation management projects and ecological restoration projects in accordance with the National Environmental Policy Act of 1969 (NEPA). Instructs the Forest Service to prepare a large scale environmental impact statement to support a record of decision for vegetation management projects in National Forests in the eastern part of Oregon for projects that share ecological conditions and resource issues, including projects: (1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types, (2) that are endorsed by or the product of a collaborative group, and (3) no portion of which is located in an inventoried roadless area. Requires the environmental impact statement to be used as the basis for decisions on covered vegetation management projects and ecological restoration projects, except for limited projects: (1) that are developed after the completion of such statement; and (2) for which such statement does not adequately analyze the work to be performed. Instructs the Forest Service to complete the record of decision for the environmental impact statement within one year. Specifies the legal timeline for a legal challenge to the environmental impact statement and record of decision. (Sec. 109) Makes this title inapplicable to a vegetation management project that is: (1) initiated more than 180 days before this Act's enactment; or (2) approved or under a contract before that date. Requires the Forest Service to prepare a report on the implementation of this title. Terminates the authority provided by this title 15 years after enactment of this Act. (Sec. 110) Permits any amounts appropriated to the Secretary to carry out this title to be used to support cost-sharing authorities provided by this title. Prohibits the Forest Service from diverting funding from a national forest or grassland outside of Oregon to meet the performance requirements of this title. Permits the Forest Service to reprogram any funds: (1) made available to the Secretary through an appropriation for the National Forest System, and (2) allocated to be used on the national forests in the covered area. Prohibits any funds appropriated for a recreation or grazing activity from being subject to reprogramming. Title II: Cooperative Partnership Funding - (Sec. 201) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 to permit expenditures for the preparation of timber sales to include expenditures for forest planning activities necessary for timber sales for projects that are located on any landscape that receives funding under the Omnibus Public Land Management Act of 2009. (Sec. 202) Directs the Department of Agriculture (USDA) to carry out projects to address the restoration of forests in cooperation with the states. | 113 S1301 IS: Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1301 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Wyden Mr. Merkley Committee on Energy and Natural Resources A BILL To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon. 1. Short title This Act may be cited as the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 2. Purposes The purposes of this Act are— (1) to conserve and restore the eastside National Forests of the State; (2) to create an immediate, predictable, and increased timber flow to support locally based restoration economies in the communities of the eastside National Forests of the State; (3) to make the eastside National Forests of the State more resistant and resilient to, and to mitigate the effects of, climate change; (4) to protect, restore, and increase old-growth forest stands and trees in the eastside National Forests of the State; (5) to promote collaboration in the communities of the eastside National Forests of the State to respond to critical threats to forest and watershed health and to support natural resource- and restoration-based economies; (6) to prioritize, strategically target, and accelerate projects to improve forest health and watershed health in old growth forests located in the eastside National Forests of the State; and (7) to provide the Secretary, collaborative groups, and the public with independent scientific advice for restoring forest health and watershed health in the eastside National Forests of the State. 3. Definitions In this Act: (1) Advisory panel The term advisory panel (2) Collaborative group The term collaborative group (3) Covered area The term covered area (A) within the State; and (B) not within the area covered by the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April 1994. (4) Decision notice The term Decision Notice Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales, United States Forest Service Region 6, Colville, Deschutes, Fremont, Malheur, Ochoco, Okanogan, Umatilla, Wallowa-Whitman and Winema National Forests in Oregon and Washington (5) Emergency condition The term emergency condition (A) that results in an— (i) imminent risk to life or property; or (ii) immediate impairment of the public use and enjoyment of a trail, road, highway, public facility, or public land; and (B) with respect to subparagraph (A)(ii), the urgency to address the emergency of which outweighs the benefits of full notice and comment. (6) Forest health The term forest health (A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen outbreaks, while— (i) supporting ecosystem services and populations of native species; and (ii) allowing for natural disturbances; (B) to maintain or develop species composition, ecosystem function and structure, hydrologic function, and sediment regimes that are within an acceptable range that considers— (i) historic variability; and (ii) anticipated future conditions; and (C) to be resistant and resilient to uncharacteristic events. (7) Forest stand The term forest stand (8) Initiative The term Initiative (A) to restore and improve the ecological structure, composition, and function and the natural processes of watersheds within the National Forest System; (B) to preserve and create local jobs in rural communities that are located in or near National Forest System land; (C) to sustain the local wood products infrastructure and community capacity that is necessary for the appropriate management and restoration of National Forest System land; (D) to promote cooperation and collaboration in the management of National Forest System land; (E) to carry out collaborative projects to restore forest health and watershed health and to reduce the risk of uncharacteristic disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration, hazardous fuel reduction, and other vegetation management projects; (F) to collect information from the projects carried out under this Act in an effort to better understand the manner in which to improve forest restoration and management activities; (G) that includes all National Forest System land within the covered area; and (H) under which not more than 15 National Forests may be selected to participate. (9) Inventoried roadless area The term inventoried roadless area (10) National forest system The term National Forest System 16 U.S.C. 1609(a) (11) Pilot landscape The term pilot landscape (12) Plant association (A) In general The term plant association (i) would potentially, in the absence of a disturbance, occupy a site; and (ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity. (B) Inclusion The term plant association (13) Secretary The term Secretary (14) State The term State (15) Uncharacteristic The term uncharacteristic (16) Watershed area The term watershed area (17) Watershed health The term watershed health (A) to capture, store, and release water, sediment, wood, and nutrients; (B) to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in subparagraph (A); and (C) to create and sustain functional riparian, aquatic, and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species. 4. Land management (a) Application of the initiative to the covered area (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall select all or part of 1 or more National Forests in the State as part of the Initiative. (2) Term The selection under paragraph (1) shall be for a period of 15 years. (3) Effect The provisions of this Act shall apply to the covered area. (b) Land management goals (1) In general In the covered area, the Secretary shall, considering the best available science, seek— (A) to conserve and restore forest health, watershed health, and other ecosystems; (B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (C) to allow for characteristic natural disturbances; and (D) to harvest wood to maintain adequate levels of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C). (2) Forest management To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities— (A) to reduce the basal area in overstocked forest stands; (B) to increase the mean diameter of forest stands; (C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species; (D) to restore historic levels of within-forest stand spatial heterogeneity; (E) to conserve and restore old growth; (F) to conserve and restore population levels of older trees; (G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations; (H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health; (I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments); (J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape); (K) to create nonuniform effects in carrying out vegetation management projects by avoiding extensive areas of uniform treatment, except for certain treatments (such as broadcast burns) that are carried out to enhance the spatial heterogeneity of the forest site; (L) to restore or maintain ecologically appropriate understory plant community composition and condition, including— (i) by restoring and maintaining native ground cover; and (ii) by reducing the impacts of, and potential for, exotic and other invasive species; and (M) to increase stakeholder participation through collaborative groups. (c) Planning To help to achieve the goals described in subsection (b), the Secretary shall use landscape scale planning based on watershed areas as a tool to implement ecological restoration projects in the covered area. (d) Performance goals (1) In general Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance goals, in addition to the goals that are established by subsection (b), that the Secretary shall seek to achieve consistent with the purposes of this Act and the goals and opportunities described in subsection (b) for the covered area. (2) Term Subject to paragraph (3), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years. (3) Additions The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2). (4) Prioritization Subject to the limitations described in section 12(c), the Secretary shall prioritize the vegetation management and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection. (5) Restoration goals (A) In general Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (b), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement— (i) projects that— (I) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and (II) are conducted on— (aa) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres; (bb) for the subsequent fiscal year, not less than 80,000 acres; and (cc) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 7, not less than 100,000 acres; and (ii) for each fiscal year after the fiscal year specified in subparagraph clause (i)(II)(cc), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres. (B) Annual goals (i) In general Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 8 and each fiscal year thereafter until the date on which the Initiative is completed, the Secretary may, subject to clause (ii), set annual acreage performance goals for projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b). (ii) Considerations In setting goals under clause (i), the Secretary shall consider— (I) any specific recommendations of the advisory panel relating to acreage treatment needs; and (II) advice provided by a collaborative group relating to acreage treatment needs. (C) Priority for restoration goals In seeking to meet the restoration goals established under subparagraph (A) or (B), the Secretary shall prioritize for treatment— (i) any area located on a pilot landscape; and (ii) any area that has opportunities for reduced planning and implementation costs because of— (I) opportunities to work with a collaborative group on the project; or (II) opportunities to use non-Federal resources to complete the project. (e) Prohibitions on removal of certain trees (1) Older trees Except as provided in paragraph (2), the Secretary shall prohibit the cutting or removal of any live tree located in the covered area that is 150 years of age or older measured at breast height. (2) Administrative exceptions (A) In general The prohibition described in paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of the tree to provide for a safe administrative, public, or special use. (B) Notice requirement The Secretary shall provide to the public and each relevant collaborative group notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition. (C) Application of decision notice (i) In general Subject to clause (ii), if the Secretary, after considering the recommendations of the relevant collaborative group or the recommendations report issued under section 6(d), determines that the prohibition in paragraph (1) is infeasible to implement for a specific vegetation management project, the Secretary shall apply the Decision Notice with respect to the specific vegetation management project. (ii) Requirement In applying the Decision Notice to a specific vegetation management project under clause (i), the Secretary may make site-specific forest plan amendments to allow the cutting or removal of live trees greater than 21 inches in diameter at breast height that are younger than 150 years old at breast height, the cutting or removal of which is necessary to meet the land management goals described in subsection (b)(1). (f) Limitations on road construction In carrying out any vegetation management project in the covered area, the Secretary shall— (1) not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (2) by the earlier of the date on which the vegetation management project is completed or the date that is 1 year after the activities for which the road was constructed are complete, decommission any temporary road constructed to carry out the vegetation management project by— (A) reestablishing vegetation on the road; and (B) restoring any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road, including by removing or hydrologically disconnecting the road prism. 5. Watershed management (a) Aquatic and riparian resources management (1) In general Within the covered area, each vegetation management project in an area delineated under subsection (b) shall protect and restore the aquatic and riparian-dependent resources of the delineated area. (2) Effects A project described in paragraph (1) may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the Secretary determines, after considering the best available science, that the project would result in a net improvement to the condition of those resources over the long term. (b) Delineation of areas (1) Fish-bearing streams The Secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include— (A) the top of the inner gorge; (B) the outer edges of the 100-year floodplain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 2 site-potential trees; and (E) a slope distance of not less than 300 feet. (2) Permanently flowing non-fishbearing streams The Secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include— (A) the top of the inner gorge; (B) the outer edges of the 100-year flood plain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of not less than 150 feet. (3) Ponds, lakes, reservoirs, and wetlands larger than 1 acre The Secretary shall delineate each pond, lake, reservoir, and wetland larger than 1 acre and the area extending away from the high-water edges to include— (A) the outer edges of the riparian vegetation; (B) the extent of the seasonally saturated soil; (C) the extent of moderately and highly unstable areas; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of— (i) if the area located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (4) Intermittent streams, wetlands less than 1 acre, landslides, and landslide-prone areas The Secretary shall delineate each wetland smaller than 1 acre, landslide, landslide-prone area, intermittent stream channel, and the area extending away from the edges of the wetland, landslide, landslide-prone area, or intermittent stream channel to include— (A) the top of the inner gorge; (B) the outer edges of the riparian vegetation; (C) a distance equal to the height of 1 site-potential tree; and (D) a slope distance of— (i) if the area is located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (c) Aquatic and riparian protection (1) In general Except as provided in paragraph (2), the Secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this Act in carrying out each vegetation management project in the covered area. (2) Modifications The Secretary may modify the aquatic and riparian protection requirements described in paragraph (1) if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements. 6. Eastside forest scientific and technical advisory panel (a) In general Not later than 90 days after the date on which the Secretary selects the covered area, the Secretary shall establish an advisory panel— (1) to be known as the Eastside Forest Scientific and Technical Advisory Panel (2) to advise the Secretary, collaborative groups, and the public regarding the development and implementation of— (A) goals to improve forest health, watershed health, and related social and economic goals in the covered area; and (B) projects needed to accomplish the purposes of this Act. (b) Composition The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following: (1) Silviculture. (2) Timber economics. (3) Road and logging engineering. (4) Soil science and geology. (5) Ecosystem services or natural resources economics. (6) Community economics or ecosystem workforce development. (7) Forest ecology. (8) Aquatic and riparian ecology. (9) Wildlife ecology. (10) Fish Ecology. (11) Ecological restoration. (12) Invasive species control and eradication. (13) Wildland fire. (14) Hydrology. (15) Forest carbon life-cycle and sequestration. (16) Social science. (c) Appointments The Secretary shall— (1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and (2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), professional societies, and other interested organizations and persons. (d) Duties (1) Recommendations report (A) In general Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, after considering the best available science and information, shall submit to the Secretary and make available to the public a report that contains recommendations regarding the manner by which the Secretary may best achieve the purposes and goals and consider the opportunities described in section 4(b). (B) Requirements The report shall provide recommendations based on the best available science— (i) for the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 4(b); (ii) for increasing local capacity to accomplish the goals and consider the opportunities described in section 4(b); (iii) for hydrologically and ecologically restoring land and water by— (I) decommissioning unnecessary and undesirable roads; and (II) reducing the environmental impact of necessary and desirable roads; and (iv) for each relevant plant association group— (I) for protecting and restoring terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources; (II) for the types of activities necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire, and other appropriate activities); (III) for cases in which the cutting or removal of trees described in section 4(e)(1) would generally be considered to be ecologically appropriate; and (IV) for cases in which the cutting or removal of trees described in section 4(e)(2)(C) would generally be considered to be ecologically appropriate. (C) Administration (i) In general To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report. (ii) Inclusion of dissenting opinions If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report, the report shall include each dissenting opinion relating to the recommendation. (2) Review report Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing— (A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and (B) an assessment of the implementation of the recommendations made under paragraph (1). 7. Ecological restoration projects (a) In general As soon as practicable after the date on which the Secretary selects the covered area, the Secretary shall, considering the opportunities described in section 4(b)(2), implement ecological restoration projects in the covered area to further the goals described in section 4(b). (b) Landscape-Scale projects Subject to the availability of appropriations in accordance with section 12, the Secretary shall, to the maximum extent practicable, implement 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area not later than 3 years after the date on which the Secretary selects the covered area. (c) Requirements In developing and implementing ecological restoration projects under this section, the Secretary shall consider— (1) the best available science and data; (2) the recommendations of the advisory panel; and (3) the views of the relevant collaborative groups. (d) Net road reduction In developing ecological restoration projects under this Act, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health to the maximum extent practicable. (e) Prioritization (1) In general The Secretary shall prioritize ecological restoration projects in the covered area considering the requirements in subsection (c) and based on the degree to which the ecological restoration projects would improve forest health and watershed health, based on— (A) dry and moist forest plant association groups; and (B) the need to sustain adequate levels of industry infrastructure to accomplish the goals described in section 4(b). (2) Inclusions In carrying out this section, the types of projects the Secretary shall consider to be priority projects include projects that— (A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including— (i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (ii) valuable forest structures (including old growth and older mature trees); (B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability; (C) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by— (i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and (ii) retaining biological legacies (including large standing, downed, live, and dead trees); (D) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (E) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects; (F) meet local and rural community needs through a source that is selected on a best-value basis; and (G) reduce the permanent road system to improve forest health and watershed health. 8. Collaboration (a) Collaborative groups (1) In general To assist in the development of the projects needed to accomplish the purposes of this Act in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in paragraph (2). (2) Collaborative groups A collaborative group under paragraph (1) means a group that— (A) is interested in the implementation of this Act; (B) includes multiple individuals representing diverse interests that include— (i) environmental organizations; (ii) timber and forest products industry representatives; and (iii) county governments; (C) operates— (i) in a transparent and nonexclusive manner; and (ii) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and (D) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each decision. (b) Multiparty monitoring The Secretary, in consultation with the relevant collaborative groups, may develop a multiparty monitoring plan for any vegetation management project carried out under this Act. 9. Large scale environmental impact statement (a) Congressional finding Congress finds that it is expected that the environmental impact statement described in subsection (b) would be adequate to support the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects implemented under this section, as documented in subsequent agency decision documents. (b) Requirements The Secretary shall prepare a large scale environmental impact statement that is adequate under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to support a record of decision for vegetation management projects under this section in National Forests in the eastern part of the State for projects— (1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types; (2) that are located on a pilot landscape; (3) that are endorsed by or the product of a collaborative group; and (4) no portion of which are located in an inventoried roadless area. (c) Completion date The Secretary shall complete the record of decision for the large scale environmental impact statement under subsection (b) not later than 1 year after the date of enactment of this Act. (d) Timeliness Any legal challenge to the environmental impact statement and record of decision under this section shall be filed not later than 120 days after the record of decision is signed by the Secretary. 10. Cooperative partnership (a) Forest planning Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 ( 16 U.S.C. 1611 may include expenditures for forest planning activities necessary for timber sales for projects that are on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013) and (b) Cooperative forest innovation partnership projects Section 13B of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2109b (d) Regulations Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall promulgate regulations to implement the authority of the Secretary under that Act. (e) Cooperation with State governments (1) In general Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall carry out a project to support the ability of the Department of Agriculture to address the restoration of forests in cooperation with States. (2) Eligible areas A project under paragraph (1) may be carried out on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013). (3) Funding The Secretary shall use not more than 5 percent of the funds for the Forest Health-Federal Lands . 11. Administration (a) Effect Nothing in this Act affects— (1) any right described in a treaty between an Indian tribe and the United States; or (2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans. (b) No retroactive effect during transition (1) Vegetation management projects The provisions of this Act shall not apply to a vegetation management project that is— (A) initiated, either through a scoping notice or a notice of intent, more than 180 days before the date on which the Secretary selects the covered area under section 4(a)(1); or (B) approved or under contract before the date on which the Secretary selects the covered area under section 4(a)(1). (2) Recommendations report The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed. (3) Forest plans The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any existing forest plan. (c) Applicable law The Secretary shall carry out this Act in accordance with applicable law (including regulations). (d) Principal agency contact (1) Selection The Secretary shall select a principal agency contact for the implementation of this Act. (2) Duties The principal agency contact shall— (A) serve as the point-of-contact for the advisory panel; and (B) facilitate communications among— (i) the advisory panel; (ii) collaborative groups; (iii) employees of the Forest Service; and (iv) any other stakeholders (including the public). (e) Reporting (1) In general The Secretary shall prepare a report on the implementation of this Act— (A) not later than 5 years after the date on which the Secretary selects the covered area; and (B) 2 years before the date referred to in subsection (e)(1). (2) Contents The reports required under paragraph (1) shall, for each National Forest in the covered area, assess the progress toward accomplishing— (A) the purposes of this Act; and (B) the performance goals established under section 4(d). (f) Termination of authority (1) In general The authorities under this Act (other than the authorities under sections 4(e) and 5(c)) shall terminate on the date that is 15 years after the date of enactment of this Act. (2) Effect Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1). 12. Authorization of appropriations (a) In general Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended. (b) Use Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this Act. (c) Limitation Amounts expended to carry out provisions of this Act that are not subject to a cost-sharing requirement shall not reduce the allocations of appropriated funds to the Secretary for use in— (1) other National Forests not included in the covered area; (2) other States; or (3) other Regions of the Forest Service. | Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 |
Cooperative and Small Employer Charity Pension Flexibility Act - (Sec. 2) Declares that: (1) defined benefit pension plans are a cost-effective way for cooperative associations and charities to provide their employees with economic security in retirement, (2) many cooperative associations and charitable organizations are only able to provide their employees with defined benefit pension plans because those organizations are able to pool their resources using the multiple employer plan structure, and (3) the pension funding rules should encourage cooperative associations and charities to continue to provide their employees with pension benefits. (Sec. 3) Makes this Act generally applicable to years beginning after December 31, 2013. )Title I: Amendments to Employee Retirement Income Security Act of 1974 and Other Provisions - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to define a "cooperative and small employer charity pension plan" (CSEC pension plan), for purposes of this Act, as an employee pension benefit plan that is a defined benefit pension plan: (1) to which certain provisions of the Pension Protection Act of 2006 apply; or (2) that, as of June 25, 2010, was maintained by more than one employer all of whom were tax-exempt charitable organizations. (Sec. 102 Amends ERISA to establish minimum funding standards for CSEC pension plans and special rules for valuation of plan assets. Permits the Secretary of the Treasury to extend an amortization of any unfunded liability of a CSEC pension plan for up to 10 years if the Secretary determines that: (1) such extension would carry out the purposes of this Act and would provide adequate protection for plan participants and their beneficiaries, and (2) failure to permit such extension would result in a substantial risk to the voluntary continuation of the plan or a substantial curtailment of pension benefit levels or employee compensation. Allows a CSEC plan that uses a funding method that requires contributions in all years to maintain an alternative minimum funding standard account for any plan year. Sets forth rules governing CSEC plan liquidity and contributions to CSEC plans. Imposes a lien in favor of a CSEC plan for failure to make required contributions. Authorizes the Secretary to prescribe mortality tables to determine current liability of CSEC plans. Requires a CSEC plan sponsor to establish a written funding restoration plan within 180 days after receipt of a certification from the plan actuary that the plan is in funding restoration status for a plan year. (Sec. 103) Amends ERISA to allow a CSEC plan sponsor to elect not to treat such plan as a CSEC plan in plan years beginning after 2013. Amends the Pension Protection Act of 2006 to allow a pension plan sponsor an election to cease treating a plan as an eligible charity plan for plan years beginning after 2013. (Sec. 104) Requires a notice to participants in a CSEC plan to include: (1) a statement that different rules apply to CSEC plans than apply to single-employer plans; (2) for the first 2 years beginning after December 31, 2013, a statement that, as a result of changes made by this Act, the contributions to the plan may have changed; and (3) a statement that a CSEC plan is in funding restoration. Authorizes the Secretary to modify the model notice required by the Pension Protection Act of 2006 to include such statements. Requires the annual report for employee benefit plans required by ERISA to include a list of participating employers and a good faith estimate of the percentage of total contributions made by such employers during the plan year. (Sec. 105) Requires the Participant and Plan Sponsor Advocate established by ERISA to make itself available to assist CSEC plan sponsors and participants. Title II: Amendments to Internal Revenue Code of 1986 - Amends the Internal Revenue Code, with respect to CSEC plans, to set forth rules for such plans similar to those rules added to ERISA in title I of this Act. | 113 S1302 IS: Cooperative and Small Employer Charity Pension Flexibility Act U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1302 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Harkin Mr. Roberts Mrs. Murray Ms. Murkowski Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide for cooperative and small employer charity pension plans. 1. Short title; table of contents (a) Short title This Act may be cited as the Cooperative and Small Employer Charity Pension Flexibility Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings and declarations of policy. Sec. 3. Definition of cooperative and small employer charity pension plans. Sec. 4. Funding rules applicable to cooperative and small employer charity pension plans. Sec. 5. Transparency. Sec. 6. Elections. Sec. 7. Pension insurance program modifications. Sec. 8. Sponsor education and assistance. Sec. 9. Effective date. 2. Congressional findings and declarations of policy Congress finds as follows: (1) Defined benefit pension plans are a cost-effective way for cooperative associations and charities to provide their employees with economic security in retirement. (2) Many cooperative associations and charitable organizations are only able to provide their employees with defined benefit pension plans because those organizations are able to pool their resources using the multiple employer plan structure. (3) The pension funding rules should encourage cooperative associations and charities to continue to provide their employees with pension benefits. 3. Definition of cooperative and small employer charity pension plans (a) Amendment to ERISA Section 210 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1060 (f) Cooperative and small employer charity pension plans (1) In general For purposes of this title, except as provided in this subsection, a CSEC plan is a defined benefit plan (other than a multiemployer plan)— (A) to which section 104 of the Pension Protection Act of 2006 applies, without regard to— (i) section 104(a)(2) of such Act; (ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and (iii) paragraph (3)(B); or (B) that, as of January 1, 2013, was maintained by more than one employer and all of the employers were organizations described in section 501(c)(3) of the Internal Revenue Code of 1986. (2) Aggregation All employers that are treated as a single employer under subsection (b) or (c) of section 414 . (b) Amendment to Code Section 414 (y) Cooperative and small employer charity pension plans (1) In general For purposes of this title, except as provided in this subsection, a CSEC plan is a defined benefit plan (other than a multiemployer plan)— (A) to which section 104 of the Pension Protection Act of 2006 applies, without regard to— (i) section 104(a)(2) of such Act; (ii) the amendments to such section 104 by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; and (iii) paragraph (3)(B); or (B) that, as of January 1, 2013, was maintained by more than one employer and all of the employers were organizations described in section 501(c)(3). (2) Aggregation All employers that are treated as a single employer under subsection (b) or (c) shall be treated as a single employer for purposes of determining if a plan was maintained by more than one employer under paragraph (1)(B). . 4. Funding rules applicable to cooperative and small employer charity pension plans (a) Amendments to ERISA (1) Minimum funding standards under ERISA Part 3 of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1081 et seq. 306. Minimum funding standards (a) General rule For purposes of section 302, the term accumulated funding deficiency (b) Funding standard account (1) Account required Each plan to which this section applies shall establish and maintain a funding standard account. Such account shall be credited and charged solely as provided in this section. (2) Charges to account For a plan year, the funding standard account shall be charged with the sum of— (A) the normal cost of the plan for the plan year, (B) the amounts necessary to amortize in equal annual installments (until fully amortized)— (i) in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which section 302 applies, over a period of 40 plan years, (ii) in the case of a plan which comes into existence after January 1, 1974, but before the first day of the first plan year beginning after December 31, 2013, the unfunded past service liability under the plan on the first day of the first plan year to which section 302 applies, over a period of 30 plan years, (iii) in the case of a plan that comes into existence on or after the first day of the first plan year beginning after December 31, 2013, the unfunded past liability under the plan on the first day of the first plan year to which section 302 applies, over a period of 15 years, (iv) in the case of a plan that is subject to section 303 for the last plan year beginning before January 1, 2014, the sum of— (I) the plan’s funding standard carryover balance and prefunding balance (as such terms are defined in section 303(f)) as of the end of such plan year, and (II) the unfunded past service liability under the plan for the first plan year beginning after December 31, 2013, over a period of 15 years, (v) separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (vi) separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 5 plan years, and (vii) separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount necessary to amortize each waived funding deficiency (within the meaning of section 302(c)(3)) for each prior plan year in equal annual installments (until fully amortized) over a period of 5 plan years, (D) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D), and (E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of section 302(c)(7)(A)(i)(I) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Credits to account For a plan year, the funding standard account shall be credited with the sum of— (A) the amount considered contributed by the employer to or under the plan for the plan year, (B) the amount necessary to amortize in equal annual installments (until fully amortized)— (i) separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (ii) separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 5 plan years, and (iii) separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount of the waived funding deficiency (within the meaning of section 302(c)(3)) for the plan year, (D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account, and (E) for the first plan year beginning after December 31, 2013, in the case of a plan that is subject to section 303 for the last plan year beginning before January 1, 2014, the sum of the plan’s funding standard carryover balance and prefunding balance (as such terms are defined in section 302(f)) as of the end of the last plan year beginning before January 1, 2014. (4) Combining and offsetting amounts to be amortized Under regulations prescribed by the Secretary of the Treasury, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be— (A) may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and (B) may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining amortization periods for all items entering into whichever of the two amounts being offset is the greater. (5) Interest (A) In general Except as provided in subparagraph (B), the funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary of the Treasury) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. (B) Exception The interest rate used for purposes of computing the amortization charge described in subsection (b)(2)(C) or for purposes of any arrangement under subsection (d) for any plan year shall be greater of (i) 150 percent of the Federal mid-term rate (as in effect under section 1274 (6) Amortization schedules in effect Amortization schedules for amounts described in paragraphs (2) and (3) that are in effect as of the last day of the last plan year beginning before January 1, 2014, by reason of section 104 of the Pension Protection Act of 2006 shall remain in effect pursuant to their terms and this section, except that such amounts shall not be amortized again under this section. In the case of a plan that is subject to section 303 for the last plan year beginning before January 1, 2014, any amortization schedules and bases for plan years beginning before such date shall be reduced to zero. (c) Special rules (1) Determinations to be made under funding method For purposes of this section, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan. (2) Valuation of assets (A) In general For purposes of this section, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary of the Treasury. (B) Dedicated bond portfolio The Secretary of the Treasury may by regulations provide that the value of any dedicated bond portfolio of a plan shall be determined by using the interest rate under section 302(b)(5) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Actuarial assumptions must be reasonable For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— (A) each of which is reasonable (taking into account the experience of the plan and reasonable expectations) or which, in the aggregate, result in a total contribution equivalent to that which would be determined if each such assumption and method were reasonable, and (B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan. (4) Treatment of certain changes as experience gain or loss For purposes of this section, if— (A) a change in benefits under the Social Security Act or in other retirement benefits created under Federal or State law, or (B) a change in the definition of the term wages results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain. (5) Funding method and plan year (A) Funding methods available All funding methods available to CSEC plans under section 302 (as in effect on the day before the enactment of the Pension Protection Act of 2006) shall continue to be available under this section. (B) Not affected by cessation of benefit accruals The availability of any funding method, including all spread gain funding methods, shall not be affected by whether benefit accruals under a plan have ceased. Except as otherwise provided in subparagraph (C) or in regulations prescribed by the Secretary of the Treasury, if benefit accruals have ceased under a plan, the spread gain funding methods may be applied by amortizing over the average expected future lives of all participants. (C) Minimum amount In the case of a plan amortizing over the average expected future lives of all participants pursuant to subparagraph (B), such amortization amount for any plan year shall not be less than the sum of— (i) the amount determined by amortizing, as of the first year for which the plan amortizes over the average future lives of all participants, the entire unfunded past service liability in equal installments over 15 years, and (ii) the amount determined by amortizing any increase or decrease in such unfunded past service liability in any subsequent year, other than an increase or decrease attributable to contributions or expected experience, in equal installments over 15 years. (D) Changes If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary of the Treasury. The preceding sentence shall not apply to any change made pursuant to, or permitted by, subparagraph (B) if such change is made for the first plan year beginning after December 31, 2013. Any such change may be made without the approval of the Secretary of the Treasury. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary of the Treasury. (6) Full funding If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (e)) in excess of the full funding limitation— (A) the funding standard account shall be credited with the amount of such excess, and (B) all amounts described in paragraphs (2)(B), (C), (D), and (E) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs. (7) Full-funding limitation For purposes of paragraph (6), the term full-funding limitation (A) the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over (B) the lesser of— (i) the fair market value of the plan’s assets, or (ii) the value of such assets determined under paragraph (2). (C) Minimum amount (i) In general In no event shall the full-funding limitation determined under subparagraph (A) be less than the excess (if any) of— (I) 90 percent of the current liability (determined without regard to paragraph (4) of subsection (h)) of the plan (including the expected increase in such current liability due to benefits accruing during the plan year), over (II) the value of the plan’s assets determined under paragraph (2). (ii) Assets For purposes of clause (i), assets shall not be reduced by any credit balance in the funding standard account. (8) Annual valuation (A) In general For purposes of this section, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every year, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary of the Treasury. (B) Valuation date (i) Current year Except as provided in clause (ii), the valuation referred to in subparagraph (A) shall be made as of a date within the plan year to which the valuation refers or within one month prior to the beginning of such year. (ii) Use of prior year valuation The valuation referred to in subparagraph (A) may be made as of a date within the plan year prior to the year to which the valuation refers if, as of such date, the value of the assets of the plan are not less than 100 percent of the plan’s current liability. (iii) Adjustments Information under clause (ii) shall, in accordance with regulations, be actuarially adjusted to reflect significant differences in participants. (iv) Limitation A change in funding method to use a prior year valuation, as provided in clause (ii), may not be made unless as of the valuation date within the prior plan year, the value of the assets of the plan are not less than 125 percent of the plan’s current liability. (9) Time when certain contributions deemed made For purposes of this section, any contributions for a plan year made by an employer during the period— (A) beginning on the day after the last day of such plan year, and (B) ending on the day which is 8 ½ shall be deemed to have been made on such last day. (10) Anticipation of benefit increases effective in the future In determining projected benefits, the funding method of a collectively bargained CSEC plan described in section 413(a) (other than a multiemployer plan) shall anticipate benefit increases scheduled to take effect during the term of the collective bargaining agreement applicable to the plan. (d) Extension of amortization periods The period of years required to amortize any unfunded liability (described in any clause of subsection (b)(2)(B)) of any plan may be extended by the Secretary of the Treasury for a period of time (not in excess of 10 years) if such Secretary determines that such extension would provide adequate protection for participants under the plan and their beneficiaries and if such Secretary determines that the failure to permit such extension would result in— (1) a substantial risk to the voluntary continuation of the plan, or (2) a substantial curtailment of pension benefit levels or employee compensation. (e) Alternative minimum funding standard (1) In general A CSEC plan which uses a funding method that requires contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this subsection. (2) Charges and credits to account For a plan year the alternative minimum funding standard account shall be— (A) charged with the sum of— (i) the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method, (ii) the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and (iii) an amount equal to the excess (if any) of credits to the alternative minimum standard account for all prior plan years over charges to such account for all such years, and (B) credited with the amount considered contributed by the employer to or under the plan for the plan year. (3) Special rules The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under subsection (b)(5) with respect to the funding standard account. (f) Quarterly contributions required (1) In general If a CSEC plan which has a funded current liability percentage for the preceding plan year of less than 100 percent fails to pay the full amount of a required installment for the plan year, then the rate of interest charged to the funding standard account under subsection (b)(5) with respect to the amount of the underpayment for the period of the underpayment shall be equal to the greater of— (A) 175 percent of the Federal mid-term rate (as in effect under section 1274 of the Internal Revenue Code of 1986 for the 1st month of such plan year), or (B) the rate of interest used under the plan in determining costs. (2) Amount of underpayment, period of underpayment For purposes of paragraph (1)— (A) Amount The amount of the underpayment shall be the excess of— (i) the required installment, over (ii) the amount (if any) of the installment contributed to or under the plan on or before the due date for the installment. (B) Period of underpayment The period for which interest is charged under this subsection with regard to any portion of the underpayment shall run from the due date for the installment to the date on which such portion is contributed to or under the plan (determined without regard to subsection (c)(9)). (C) Order of crediting contributions For purposes of subparagraph (A)(ii), contributions shall be credited against unpaid required installments in the order in which such installments are required to be paid. (3) Number of required installments; due dates For purposes of this subsection— (A) Payable in 4 installments There shall be 4 required installments for each plan year. (B) Time for payment of installments In the case of the following required installments: The due date is: 1st April 15 2nd July 15 3rd October 15 4th January 15 of the following year. (4) Amount of required installment For purposes of this subsection— (A) In general The amount of any required installment shall be 25 percent of the required annual payment. (B) Required annual payment For purposes of subparagraph (A), the term required annual payment (i) 90 percent of the amount required to be contributed to or under the plan by the employer for the plan year under section 302 (without regard to any waiver under subsection (c) thereof), or (ii) 100 percent of the amount so required for the preceding plan year. Clause (ii) shall not apply if the preceding plan year was not a year of 12 months. (5) Liquidity requirement (A) In general A plan to which this paragraph applies shall be treated as failing to pay the full amount of any required installment to the extent that the value of the liquid assets paid in such installment is less than the liquidity shortfall (whether or not such liquidity shortfall exceeds the amount of such installment required to be paid but for this paragraph). (B) Plans to which paragraph Applies This paragraph shall apply to a CSEC plan other than a plan described in section 302(l)(6)(A) (as in effect on the day before the enactment of the Pension Protection Act of 2006) which— (i) is required to pay installments under this subsection for a plan year, and (ii) has a liquidity shortfall for any quarter during such plan year. (C) Period of underpayment For purposes of paragraph (1), any portion of an installment that is treated as not paid under subparagraph (A) shall continue to be treated as unpaid until the close of the quarter in which the due date for such installment occurs. (D) Limitation on increase If the amount of any required installment is increased by reason of subparagraph (A), in no event shall such increase exceed the amount which, when added to prior installments for the plan year, is necessary to increase the funded current liability percentage (taking into account the expected increase in current liability due to benefits accruing during the plan year) to 100 percent. (E) Definitions For purposes of this paragraph: (i) Liquidity shortfall The term liquidity shortfall (ii) Base amount (I) In general The term base amount (II) Special rule If the amount determined under subclause (I) exceeds an amount equal to 2 times the sum of the adjusted disbursements from the plan for the 36 months ending on the last day of the quarter and an enrolled actuary certifies to the satisfaction of the Secretary of the Treasury that such excess is the result of nonrecurring circumstances, the base amount with respect to such quarter shall be determined without regard to amounts related to those nonrecurring circumstances. (iii) Disbursements from the plan The term disbursements from the plan (iv) Adjusted disbursements The term adjusted disbursements (I) the plan’s funded current liability percentage for the plan year, and (II) the sum of the purchases of annuities, payments of single sums, and such other disbursements as the Secretary of the Treasury shall provide in regulations. (v) Liquid assets The term liquid assets (vi) Quarter The term quarter (F) Regulations The Secretary of the Treasury may prescribe such regulations as are necessary to carry out this paragraph. (6) Fiscal years and short years (A) Fiscal years In applying this subsection to a plan year beginning on any date other than January 1, there shall be substituted for the months specified in this subsection, the months which correspond thereto. (B) Short plan year This subsection shall be applied to plan years of less than 12 months in accordance with regulations prescribed by the Secretary of the Treasury. (g) Imposition of lien where failure To make required contributions (1) In general In the case of a plan to which this section applies, if— (A) any person fails to make a required installment under subsection (f) or any other payment required under this section before the due date for such installment or other payment, and (B) the unpaid balance of such installment or other payment (including interest), when added to the aggregate unpaid balance of all preceding such installments or other payments for which payment was not made before the due date (including interest), exceeds $1,000,000, then there shall be a lien in favor of the plan in the amount determined under paragraph (3) upon all property and rights to property, whether real or personal, belonging to such person and any other person who is a member of the same controlled group of which such person is a member. (2) Plans to which subsection Applies This subsection shall apply to a CSEC plan for any plan year for which the funded current liability percentage of such plan is less than 100 percent. This subsection shall not apply to any plan to which section 4021 does not apply (as such section is in effect on the date of the enactment of the Retirement Protection Act of 1994). (3) Amount of lien For purposes of paragraph (1), the amount of the lien shall be equal to the aggregate unpaid balance of required installments and other payments required under this section (including interest)— (A) for plan years beginning after 1987, and (B) for which payment has not been made before the due date. (4) Notice of failure; lien (A) Notice of failure A person committing a failure described in paragraph (1) shall notify the Pension Benefit Guaranty Corporation of such failure within 10 days of the due date for the required installment or other payment. (B) Period of lien The lien imposed by paragraph (1) shall arise on the due date for the required installment or other payment and shall continue until the last day of the first plan year in which the plan ceases to be described in paragraph (1)(B). Such lien shall continue to run without regard to whether such plan continues to be described in paragraph (2) during the period referred to in the preceding sentence. (C) Certain rules to Apply Any amount with respect to which a lien is imposed under paragraph (1) shall be treated as taxes due and owing the United States and rules similar to the rules of subsections (c), (d), and (e) of section 4068 shall apply with respect to a lien imposed by subsection (a) and the amount with respect to such lien. (5) Enforcement Any lien created under paragraph (1) may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Pension Benefit Guaranty Corporation, by the contributing sponsor (or any member of the controlled group of the contributing sponsor). (6) Definitions For purposes of this subsection— (A) Due date; required installment The terms due date required installment (B) Controlled group The term controlled group section 414 (h) Current liability For purposes of this section— (1) In general The term current liability (2) Treatment of unpredictable contingent event benefits (A) In general For purposes of paragraph (1), any unpredictable contingent event benefit shall not be taken into account until the event on which the benefit is contingent occurs. (B) Unpredictable contingent event benefit The term unpredictable contingent event benefit (i) age, service, compensation, death, or disability, or (ii) an event which is reasonably and reliably predictable (as determined by the Secretary of the Treasury). (3) Interest rate and mortality assumptions used (A) Interest rate The rate of interest used to determine current liability under this section shall be the third segment rate determined under section 303(h)(2)(C). (B) Mortality tables (i) Commissioners’ standard table In the case of plan years beginning before the first plan year to which the first tables prescribed under clause (ii) apply, the mortality table used in determining current liability under this subsection shall be the table prescribed by the Secretary of the Treasury which is based on the prevailing commissioners’ standard table (described in section 807(d)(5)(A) of the Internal Revenue Code of 1986) used to determine reserves for group annuity contracts issued on January 1, 1993. (ii) Secretarial authority The Secretary of the Treasury may by regulation prescribe for plan years beginning after December 31, 1999, mortality tables to be used in determining current liability under this subsection. Such tables shall be based upon the actual experience of pension plans and projected trends in such experience. In prescribing such tables, the Secretary of the Treasury shall take into account results of available independent studies of mortality of individuals covered by pension plans. (iii) Periodic review The Secretary of the Treasury shall periodically (at least every 5 years) review any tables in effect under this subsection and shall, to the extent the Secretary of the Treasury determines necessary, by regulation update the tables to reflect the actual experience of pension plans and projected trends in such experience. (C) Separate mortality tables for the disabled Notwithstanding subparagraph (B)— (i) In general In the case of plan years beginning after December 31, 1995, the Secretary of the Treasury shall establish mortality tables which may be used (in lieu of the tables under subparagraph (B)) to determine current liability under this subsection for individuals who are entitled to benefits under the plan on account of disability. The Secretary of the Treasury shall establish separate tables for individuals whose disabilities occur in plan years beginning before January 1, 1995, and for individuals whose disabilities occur in plan years beginning on or after such date. (ii) Special rule for disabilities occurring after 1994 In the case of disabilities occurring in plan years beginning after December 31, 1994, the tables under clause (i) shall apply only with respect to individuals described in such subclause who are disabled within the meaning of title II of the Social Security Act and the regulations thereunder. (4) Certain service disregarded (A) In general In the case of a participant to whom this paragraph applies, only the applicable percentage of the years of service before such individual became a participant shall be taken into account in computing the current liability of the plan. (B) Applicable percentage For purposes of this subparagraph, the applicable percentage shall be determined as follows: If the years of participation The applicable percentage is: 1 20 2 40 3 60 4 80 5 or more 100. (C) Participants to whom paragraph Applies This subparagraph shall apply to any participant who, at the time of becoming a participant— (i) has not accrued any other benefit under any defined benefit plan (whether or not terminated) maintained by the employer or a member of the same controlled group of which the employer is a member, (ii) who first becomes a participant under the plan in a plan year beginning after December 31, 1987, and (iii) has years of service greater than the minimum years of service necessary for eligibility to participate in the plan. (D) Election An employer may elect not to have this subparagraph apply. Such an election, once made, may be revoked only with the consent of the Secretary of the Treasury. (i) Funded current liability percentage For purposes of this section, the term funded current liability percentage (1) the value of the plan’s assets determined under subsection (c)(2), is of (2) the current liability under the plan. (j) Transition The Secretary of the Treasury may prescribe such rules as are necessary or appropriate with respect to the transition of a CSEC plan from the application of section 303 to the application of this section. . (2) Special rule Section 210(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1060(a) (4) Notwithstanding any other provision of this section, in the case of a CSEC plan, the requirements of section 302 shall be determined as if all participants in the plan were employed by a single employer. . (3) Separate rules for csec plans (A) In general Paragraph (2) of section 302(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(a)) is amended by striking and , and (D) in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 306 as of the end of the plan year. . (B) Conforming amendments Section 302 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1082 (i) striking multiemployer plan multiemployer plan or a CSEC plan (ii) striking 303(j) 303(j) or under 306(f) (iii) (I) striking and (II) striking the period at the end of clause (ii) of subsection (c)(1)(B), and inserting , and (III) inserting the following new clause after clause (ii) of subsection (c)(1)(B): (iii) in the case of a CSEC plan, the funding standard account shall be credited under section 306(b)(3)(C) with the amount of the waived funding deficiency and such amount shall be amortized as required under section 306(b)(2)(C). , (iv) striking under paragraph (1) under paragraph (1) or for granting an extension under section 306(d) (v) striking waiver under this subsection waiver under this subsection or an extension under 306(d) (vi) striking waiver or modification waiver, modification, or extension (vii) striking waivers waivers or extensions (viii) striking 304(d) section 304(d) or section 306(d) (ix) striking and or the accumulated funding deficiency under section 306, whichever is applicable, (x) striking 303(e)(2), 303(e)(2) or 306(b)(2)(C), whichever is applicable, and (xi) adding immediately after subclause (II) of subsection (c)(4)(C)(i) the following new subclause: (III) the total amounts not paid by reason of an extension in effect under section 306(d), , (xii) striking for waivers of for waivers or extensions with respect to (xiii) striking 304(d) 304(d) or 306(d), whichever is applicable (xiv) striking single-employer plan single-employer plan (other than a CSEC plan) (4) Benefit restrictions (A) In general Subsection (g) of section 206 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056) is amended by adding at the end thereof the following new paragraph: (12) CSEC plans This subsection shall not apply to a CSEC plan (as defined in section 210(f)). . (B) Effective date Any restriction under section 206(g) of the Employee Retirement Income Security Act of 1974 that is in effect with respect to a CSEC plan as of the last day of the last plan year beginning before January 1, 2014, shall cease to apply as of the first day of the following plan year. (5) Benefit increases Paragraph (3) of section 204(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(i)) is amended by striking multiemployer plans multiemployer plans or CSEC plans (6) Section 103 Subparagraph (B) of section 103(d)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(d)(8)) is amended by striking 303(h) and 304(c)(3) 303(h), 304(c)(3), and 306(c)(3) (7) Section 4003 Subparagraph (B) of section 4003(e)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1303(e)(1)) is amended by striking 303(k)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) of the Internal Revenue Code of 1986 303(k)(1)(A) and (B) or 306(g)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) or 433(g)(1)(A) and (B) of the Internal Revenue Code of 1986 (8) Section 4010 Paragraph (2) of section 4010(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1310(b)) is amended by striking 303(k)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) of the Internal Revenue Code of 1986 303(k)(1)(A) and (B) or 306(g)(1)(A) and (B) of this Act or section 430(k)(1)(A) and (B) or 433(g)(1)(A) and (B) of the Internal Revenue Code of 1986 (9) Section 4071 Section 4071 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1371 section 303(k)(4) section 303(k)(4) or 306(g)(4) (b) Amendments to Code (1) Minimum funding standards under the internal revenue code Subpart A of part III of subchapter D of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 433. Minimum funding standards (a) General rule For purposes of section 412, the term accumulated funding deficiency (b) Funding standard account (1) Account required Each plan to which this section applies shall establish and maintain a funding standard account. Such account shall be credited and charged solely as provided in this section. (2) Charges to account For a plan year, the funding standard account shall be charged with the sum of— (A) the normal cost of the plan for the plan year, (B) the amounts necessary to amortize in equal annual installments (until fully amortized)— (i) in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which section 412 applies, over a period of 40 plan years, (ii) in the case of a plan which comes into existence after January 1, 1974, but before the first day of the first plan year beginning after December 31, 2013, the unfunded past service liability under the plan on the first day of the first plan year to which section 412 applies, over a period of 30 plan years, (iii) in the case of a plan that comes into existence on or after the first day of the first plan year beginning after December 31, 2013, the unfunded past liability under the plan on the first day of the first plan year to which section 412 applies, over a period of 15 years, (iv) in the case of a plan that is subject to section 430 for the last plan year beginning before January 1, 2014, the sum of— (I) the plan’s funding standard carryover balance and prefunding balance (as such terms are defined in section 430(f)) as of the end of such plan year, and (II) the unfunded past service liability under the plan for the first plan year beginning after December 31, 2013, over a period of 15 years, (v) separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (vi) separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 5 plan years, and (vii) separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount necessary to amortize each waived funding deficiency (within the meaning of section 412(c)(3)) for each prior plan year in equal annual installments (until fully amortized) over a period of 5 plan years, (D) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D), and (E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of section 412(c)(7)(A)(i)(I) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Credits to account For a plan year, the funding standard account shall be credited with the sum of— (A) the amount considered contributed by the employer to or under the plan for the plan year, (B) the amount necessary to amortize in equal annual installments (until fully amortized)— (i) separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 15 plan years, (ii) separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 5 plan years, and (iii) separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 10 plan years, (C) the amount of the waived funding deficiency (within the meaning of section 412(c)(3)) for the plan year, (D) in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account, and (E) for the first plan year beginning after December 31, 2013, in the case of a plan that is subject to section 430 for the last plan year beginning before January 1, 2014, the sum of the plan’s funding standard carryover balance and prefunding balance (as such terms are defined in section 430(f)) as of the end of the last plan year beginning before January 1, 2014. (4) Combining and offsetting amounts to be amortized Under regulations prescribed by the Secretary, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be— (A) may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and (B) may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining amortization periods for all items entering into whichever of the two amounts being offset is the greater. (5) Interest (A) Except as provided in subparagraph (B), the funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs. (B) The interest rate used for purposes of computing the amortization charge described in subsection (b)(2)(C) or for purposes of any arrangement under subsection (d) for any plan year shall be greater of— (i) 150 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of such plan year), or (ii) the rate of interest determined under subparagraph (A). (6) Amortization schedules in effect Amortization schedules for amounts described in paragraphs (2) and (3) that are in effect as of the last day of the last plan year beginning before January 1, 2014, by reason of section 104 of the Pension Protection Act of 2006 shall remain in effect pursuant to their terms and this section, except that such amounts shall not be amortized again under this section. In the case of a plan that is subject to section 430 for the last plan year beginning before January 1, 2014, any amortization schedules and bases for plan years beginning before such date shall be reduced to zero. (c) Special rules (1) Determinations to be made under funding method For purposes of this section, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan. (2) Valuation of assets (A) In general For purposes of this section, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary. (B) Dedicated bond portfolio The Secretary may by regulations provide that the value of any dedicated bond portfolio of a plan shall be determined by using the interest rate under section 412(b)(5) (as in effect on the day before the enactment of the Pension Protection Act of 2006). (3) Actuarial assumptions must be reasonable For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods— (A) each of which is reasonable (taking into account the experience of the plan and reasonable expectations) or which, in the aggregate, result in a total contribution equivalent to that which would be determined if each such assumption and method were reasonable, and (B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan. (4) Treatment of certain changes as experience gain or loss For purposes of this section, if— (A) a change in benefits under the Social Security Act or in other retirement benefits created under Federal or State law, or (B) a change in the definition of the term wages results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain. (5) Funding method and plan year (A) Funding methods available All funding methods available to CSEC plans under section 412 (as in effect on the day before the enactment of the Pension Protection Act of 2006) shall continue to be available under this section. (B) Not affected by cessation of benefit accruals The availability of any funding method, including all spread gain funding methods, shall not be affected by whether benefit accruals under a plan have ceased. Except as otherwise provided in subparagraph (C) or in regulations prescribed by the Secretary, if benefit accruals have ceased under a plan, the spread gain funding methods may be applied by amortizing over the average expected future lives of all participants. (C) Minimum amount In the case of a plan amortizing over the average expected future lives of all participants pursuant to subparagraph (B), such amortization amount for any plan year shall not be less than the sum of— (i) the amount determined by amortizing, as of the first year for which the plan amortizes over the average future lives of all participants, the entire unfunded past service liability in equal installments over 15 years, and (ii) the amount determined by amortizing any increase or decrease in such unfunded past service liability in any subsequent year, other than an increase or decrease attributable to contributions or expected experience, in equal installments over 15 years. (D) Changes If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary. The preceding sentence shall not apply to any change made pursuant to, or permitted by, subparagraph (B) if such change is made for the first plan year beginning after December 31, 2013. Any such change may be made without the approval of the Secretary. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary. (6) Full funding If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (e)) in excess of the full funding limitation— (A) the funding standard account shall be credited with the amount of such excess, and (B) all amounts described in paragraphs (2)(B), (C), (D), and (E) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs. (7) Full-funding limitation For purposes of paragraph (6), the term full-funding limitation (A) the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over (B) the lesser of— (i) the fair market value of the plan’s assets, or (ii) the value of such assets determined under paragraph (2). (C) Minimum amount (i) In general In no event shall the full-funding limitation determined under subparagraph (A) be less than the excess (if any) of— (I) 90 percent of the current liability (determined without regard to paragraph (4) of subsection (h)) of the plan (including the expected increase in such current liability due to benefits accruing during the plan year), over (II) the value of the plan’s assets determined under paragraph (2). (ii) Assets For purposes of clause (i), assets shall not be reduced by any credit balance in the funding standard account. (8) Annual valuation (A) In general For purposes of this section, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every year, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary. (B) Valuation date (i) Current year Except as provided in clause (ii), the valuation referred to in subparagraph (A) shall be made as of a date within the plan year to which the valuation refers or within one month prior to the beginning of such year. (ii) Use of prior year valuation The valuation referred to in subparagraph (A) may be made as of a date within the plan year prior to the year to which the valuation refers if, as of such date, the value of the assets of the plan are not less than 100 percent of the plan’s current liability. (iii) Adjustments Information under clause (ii) shall, in accordance with regulations, be actuarially adjusted to reflect significant differences in participants. (iv) Limitation A change in funding method to use a prior year valuation, as provided in clause (ii), may not be made unless as of the valuation date within the prior plan year, the value of the assets of the plan are not less than 125 percent of the plan’s current liability. (9) Time when certain contributions deemed made For purposes of this section, any contributions for a plan year made by an employer during the period— (A) beginning on the day after the last day of such plan year, and (B) ending on the day which is 8 ½ shall be deemed to have been made on such last day. (10) Anticipation of benefit increases effective in the future In determining projected benefits, the funding method of a collectively bargained CSEC plan described in section 413(a) (other than a multiemployer plan) shall anticipate benefit increases scheduled to take effect during the term of the collective bargaining agreement applicable to the plan. (d) Extension of amortization periods The period of years required to amortize any unfunded liability (described in any clause of subsection (b)(2)(B)) of any plan may be extended by the Secretary for a period of time (not in excess of 10 years) if such Secretary determines that such extension would provide adequate protection for participants under the plan and their beneficiaries and if such Secretary determines that the failure to permit such extension would result in— (1) a substantial risk to the voluntary continuation of the plan, or (2) a substantial curtailment of pension benefit levels or employee compensation. (e) Alternative minimum funding standard (1) In general A CSEC plan which uses a funding method that requires contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this subsection. (2) Charges and credits to account For a plan year the alternative minimum funding standard account shall be— (A) charged with the sum of— (i) the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method, (ii) the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and (iii) an amount equal to the excess (if any) of credits to the alternative minimum standard account for all prior plan years over charges to such account for all such years, and (B) credited with the amount considered contributed by the employer to or under the plan for the plan year. (3) Special rules The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under subsection (b)(5) with respect to the funding standard account. (f) Quarterly contributions required (1) In general If a CSEC plan which has a funded current liability percentage for the preceding plan year of less than 100 percent fails to pay the full amount of a required installment for the plan year, then the rate of interest charged to the funding standard account under subsection (b)(5) with respect to the amount of the underpayment for the period of the underpayment shall be equal to the greater of— (A) 175 percent of the Federal mid-term rate (as in effect under section 1274 for the 1st month of such plan year), or (B) the rate of interest used under the plan in determining costs. (2) Amount of underpayment, period of underpayment For purposes of paragraph (1)— (A) Amount The amount of the underpayment shall be the excess of— (i) the required installment, over (ii) the amount (if any) of the installment contributed to or under the plan on or before the due date for the installment. (B) Period of underpayment The period for which interest is charged under this subsection with regard to any portion of the underpayment shall run from the due date for the installment to the date on which such portion is contributed to or under the plan (determined without regard to subsection (c)(9)). (C) Order of crediting contributions For purposes of subparagraph (A)(ii), contributions shall be credited against unpaid required installments in the order in which such installments are required to be paid. (3) Number of required installments; due dates For purposes of this subsection— (A) Payable in 4 installments There shall be 4 required installments for each plan year. (B) Time for payment of installments In the case of the following required installments: The due date is: 1st April 15 2nd July 15 3rd October 15 4th January 15 of the following year. (4) Amount of required installment For purposes of this subsection— (A) In general The amount of any required installment shall be 25 percent of the required annual payment. (B) Required annual payment For purposes of subparagraph (A), the term required annual payment (i) 90 percent of the amount required to be contributed to or under the plan by the employer for the plan year under section 412 (without regard to any waiver under subsection (c) thereof), or (ii) 100 percent of the amount so required for the preceding plan year. Clause (ii) shall not apply if the preceding plan year was not a year of 12 months. (5) Liquidity requirement (A) In general A plan to which this paragraph applies shall be treated as failing to pay the full amount of any required installment to the extent that the value of the liquid assets paid in such installment is less than the liquidity shortfall (whether or not such liquidity shortfall exceeds the amount of such installment required to be paid but for this paragraph). (B) Plans to which paragraph Applies This paragraph shall apply to a CSEC plan other than a plan described in section 412(l)(6)(A) (as in effect on the day before the enactment of the Pension Protection Act of 2006) which— (i) is required to pay installments under this subsection for a plan year, and (ii) has a liquidity shortfall for any quarter during such plan year. (C) Period of underpayment For purposes of paragraph (1), any portion of an installment that is treated as not paid under subparagraph (A) shall continue to be treated as unpaid until the close of the quarter in which the due date for such installment occurs. (D) Limitation on increase If the amount of any required installment is increased by reason of subparagraph (A), in no event shall such increase exceed the amount which, when added to prior installments for the plan year, is necessary to increase the funded current liability percentage (taking into account the expected increase in current liability due to benefits accruing during the plan year) to 100 percent. (E) Definitions For purposes of this paragraph: (i) Liquidity shortfall The term liquidity shortfall (ii) Base amount (I) In general The term base amount (II) Special rule If the amount determined under subclause (I) exceeds an amount equal to 2 times the sum of the adjusted disbursements from the plan for the 36 months ending on the last day of the quarter and an enrolled actuary certifies to the satisfaction of the Secretary that such excess is the result of nonrecurring circumstances, the base amount with respect to such quarter shall be determined without regard to amounts related to those nonrecurring circumstances. (iii) Disbursements from the plan The term disbursements from the plan (iv) Adjusted disbursements The term adjusted disbursements (I) the plan’s funded current liability percentage for the plan year, and (II) the sum of the purchases of annuities, payments of single sums, and such other disbursements as the Secretary shall provide in regulations. (v) Liquid assets The term liquid assets (vi) Quarter The term quarter (F) Regulations The Secretary may prescribe such regulations as are necessary to carry out this paragraph. (6) Fiscal years and short years (A) Fiscal years In applying this subsection to a plan year beginning on any date other than January 1, there shall be substituted for the months specified in this subsection, the months which correspond thereto. (B) Short plan year This subsection shall be applied to plan years of less than 12 months in accordance with regulations prescribed by the Secretary. (g) Imposition of lien where failure To make required contributions (1) In general In the case of a plan to which this section applies, if— (A) any person fails to make a required installment under subsection (f) or any other payment required under this section before the due date for such installment or other payment, and (B) the unpaid balance of such installment or other payment (including interest), when added to the aggregate unpaid balance of all preceding such installments or other payments for which payment was not made before the due date (including interest), exceeds $1,000,000, then there shall be a lien in favor of the plan in the amount determined under paragraph (3) upon all property and rights to property, whether real or personal, belonging to such person and any other person who is a member of the same controlled group of which such person is a member. (2) Plans to which subsection Applies This subsection shall apply to a CSEC plan for any plan year for which the funded current liability percentage of such plan is less than 100 percent. This subsection shall not apply to any plan to which section 4021 of the Employee Retirement Income Security Act of 1974 does not apply (as such section is in effect on the date of the enactment of the Retirement Protection Act of 1994). (3) Amount of lien For purposes of paragraph (1), the amount of the lien shall be equal to the aggregate unpaid balance of required installments and other payments required under this section (including interest)— (A) for plan years beginning after 1987, and (B) for which payment has not been made before the due date. (4) Notice of failure; lien (A) Notice of failure A person committing a failure described in paragraph (1) shall notify the Pension Benefit Guaranty Corporation of such failure within 10 days of the due date for the required installment or other payment. (B) Period of lien The lien imposed by paragraph (1) shall arise on the due date for the required installment or other payment and shall continue until the last day of the first plan year in which the plan ceases to be described in paragraph (1)(B). Such lien shall continue to run without regard to whether such plan continues to be described in paragraph (2) during the period referred to in the preceding sentence. (C) Certain rules to Apply Any amount with respect to which a lien is imposed under paragraph (1) shall be treated as taxes due and owing the United States and rules similar to the rules of subsections (c), (d), and (e) of section 4068 of the Employee Retirement Income Security Act of 1974 shall apply with respect to a lien imposed by subsection (a) and the amount with respect to such lien. (5) Enforcement Any lien created under paragraph (1) may be perfected and enforced only by the Pension Benefit Guaranty Corporation, or at the direction of the Pension Benefit Guaranty Corporation, by the contributing sponsor (or any member of the controlled group of the contributing sponsor). (6) Definitions For purposes of this subsection— (A) Due date; required installment The terms due date required installment (B) Controlled group The term controlled group (h) Current liability For purposes of this section— (1) In general The term current liability (2) Treatment of unpredictable contingent event benefits (A) In general For purposes of paragraph (1), any unpredictable contingent event benefit shall not be taken into account until the event on which the benefit is contingent occurs. (B) Unpredictable contingent event benefit The term unpredictable contingent event benefit (i) age, service, compensation, death, or disability, or (ii) an event which is reasonably and reliably predictable (as determined by the Secretary). (3) Interest rate and mortality assumptions used (A) Interest rate The rate of interest used to determine current liability under this section shall be the third segment rate determined under section 430(h)(2)(C). (B) Mortality tables (i) Commissioners’ standard table In the case of plan years beginning before the first plan year to which the first tables prescribed under clause (ii) apply, the mortality table used in determining current liability under this subsection shall be the table prescribed by the Secretary which is based on the prevailing commissioners’ standard table (described in section 807(d)(5)(A)) used to determine reserves for group annuity contracts issued on January 1, 1993. (ii) Secretarial authority The Secretary may by regulation prescribe for plan years beginning after December 31, 1999, mortality tables to be used in determining current liability under this subsection. Such tables shall be based upon the actual experience of pension plans and projected trends in such experience. In prescribing such tables, the Secretary shall take into account results of available independent studies of mortality of individuals covered by pension plans. (iii) Periodic review The Secretary shall periodically (at least every 5 years) review any tables in effect under this subsection and shall, to the extent the Secretary determines necessary, by regulation update the tables to reflect the actual experience of pension plans and projected trends in such experience. (C) Separate mortality tables for the disabled Notwithstanding subparagraph (B)— (i) In general In the case of plan years beginning after December 31, 1995, the Secretary shall establish mortality tables which may be used (in lieu of the tables under subparagraph (B)) to determine current liability under this subsection for individuals who are entitled to benefits under the plan on account of disability. The Secretary shall establish separate tables for individuals whose disabilities occur in plan years beginning before January 1, 1995, and for individuals whose disabilities occur in plan years beginning on or after such date. (ii) Special rule for disabilities occurring after 1994 In the case of disabilities occurring in plan years beginning after December 31, 1994, the tables under clause (i) shall apply only with respect to individuals described in such subclause who are disabled within the meaning of title II of the Social Security Act and the regulations thereunder. (4) Certain service disregarded (A) In general In the case of a participant to whom this paragraph applies, only the applicable percentage of the years of service before such individual became a participant shall be taken into account in computing the current liability of the plan. (B) Applicable percentage For purposes of this subparagraph, the applicable percentage shall be determined as follows: If the years of participation The applicable percentage is: 1 20 2 40 3 60 4 80 5 or more 100. (C) Participants to whom paragraph Applies This subparagraph shall apply to any participant who, at the time of becoming a participant— (i) has not accrued any other benefit under any defined benefit plan (whether or not terminated) maintained by the employer or a member of the same controlled group of which the employer is a member, (ii) who first becomes a participant under the plan in a plan year beginning after December 31, 1987, and (iii) has years of service greater than the minimum years of service necessary for eligibility to participate in the plan. (D) Election An employer may elect not to have this subparagraph apply. Such an election, once made, may be revoked only with the consent of the Secretary. (i) Funded current liability percentage For purposes of this section, the term funded current liability percentage (1) the value of the plan’s assets determined under subsection (c)(2), is of (2) the current liability under the plan. (j) Transition The Secretary may prescribe such rules as are necessary or appropriate with respect to the transition of a CSEC plan from the application of section 430 to the application of this section. . (2) CSEC plans Section 413 (d) CSEC plans Notwithstanding any other provision of this section, in the case of a CSEC plan— (1) Funding The requirements of section 412 shall be determined as if all participants in the plan were employed by a single employer. (2) Application of provisions Paragraphs (1), (2), (3), and (5) of subsection (c) shall apply. . (3) Separate rules for csec plans (A) In general Paragraph (2) of section 412(a) of the Internal Revenue Code of 1986 is amended by striking and , and (D) in the case of a CSEC plan, the employers make contributions to or under the plan for any plan year which, in the aggregate, are sufficient to ensure that the plan does not have an accumulated funding deficiency under section 433 as of the end of the plan year. . (B) Conforming amendments Section 412 (i) striking multiemployer plan multiemployer plan or a CSEC plan (ii) striking 430(j) 430(j) or under 433(f) (iii) (I) striking and (II) striking the period at the end of clause (ii) of subsection (c)(1)(B), and inserting , and (III) inserting the following new clause after clause (ii) of subsection (c)(1)(B): (iii) in the case of a CSEC plan, the funding standard account shall be credited under section 433(b)(3)(C) with the amount of the waived funding deficiency and such amount shall be amortized as required under section 433(b)(2)(C). , (iv) striking under paragraph (1) under paragraph (1) or for granting an extension under section 433(d) (v) striking waiver under this subsection waiver under this subsection or an extension under 433(d) (vi) striking waiver or modification waiver, modification, or extension (vii) striking waivers waivers or extensions (viii) striking 431(d) section 431(d) or section 433(d) (ix) striking and or the accumulated funding deficiency under section 433, whichever is applicable, (x) striking 430(e)(2), 430(e)(2) or 433(b)(2)(C), whichever is applicable, and (xi) adding immediately after subclause (II) of subsection (c)(4)(C)(i) the following new subclause: (III) the total amounts not paid by reason of an extension in effect under section 433(d), , (xii) striking for waivers of for waivers or extensions with respect to (xiii) striking 431(d) 431(d) or 433(d), whichever is applicable (4) Benefit restrictions (A) In general Paragraph (29) of section 401(a) of the Internal Revenue Code of 1986 is amended by striking multiemployer plan multiemployer plan or a CSEC plan (B) Conforming change Subsection (a) of section 436 of the Internal Revenue Code of 1986 is amended by striking single-employer plan single-employer plan (other than a CSEC plan) (C) Effective date Any restriction under sections 401(a)(29) and 436 of the Internal Revenue Code of 1986 that is in effect with respect to a CSEC plan as of the last day of the last plan year beginning before January 1, 2014, shall cease to apply as of the first day of the following plan year. (5) Benefit increases Subparagraph (C) of section 401(a)(33) multiemployer plans multiemployer plans or CSEC plans 5. Transparency (a) Notice to participants (1) In general Paragraph (2) of section 101(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)) is amended by adding at the end the following new subparagraph: (E) Effect of csec plan rules on plan funding (i) In general In the case of a CSEC plan, each notice under paragraph (1) shall include— (I) a statement that different rules apply to CSEC plans than apply to single-employer plans, (II) for the first 2 plan years beginning after December 31, 2013, a statement that, as a result of changes in the law made by the Cooperative and Small Employer Charity Pension Flexibility Act (III) for the first 2 plan years beginning after December 31, 2013, a statement that participants and participating employers may request a table which shows (determined both with and without regard to such different rules) the required minimum contributions to the plan for the applicable plan year and each of the 2 preceding plan years. (ii) Applicable plan year For purposes of this subparagraph, the term applicable plan year (I) the plan has a funding shortfall (as defined in section 303(c)(4)) greater than $1,000,000, and (II) the plan had 50 or more participants on any day during the preceding plan year. For purposes of any determination under subclause (II), the aggregation rule under the last sentence of section 303(g)(2)(B) shall apply. (iii) Special rule for plan years beginning before 2014 In the case of a preceding plan year referred to in clause (i)(III) which begins before January 1, 2014, the information described in such clause shall be provided only without regard to the different rules applicable to CSEC plans. . (2) Model notice The Secretary of Labor may modify the model notice required to be published under section 501(c) of the Pension Protection Act of 2006 to include the information described in section 101(f)(2)(E) of the Employee Retirement Income Security Act of 1974, as added by this subsection. (b) Notice of failure To meet minimum funding standards (1) Pending waivers Paragraph (2) of section 101(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(d)) is amended by striking 303 303 or 306 (2) Definitions Paragraph (3) of section 101(d) of the Employee Retirement Income Security Act of 1974 ( 21 U.S.C. 1021(d) 303(j) 303(j) or 306(f), whichever is applicable (c) Additional reporting requirements Section 103 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023 (g) Additional information with respect to CSEC plans With respect to any CSEC plan, an annual report under this section for a plan year shall include a list of participating employers and a good faith estimate of the percentage of total contributions made by such participating employers during the plan year. . 6. Elections (a) Election not To be treated as a CSEC plan (1) Amendment to ERISA Subsection (f) of section 210 of the Employee Retirement Income Security Act of 1974, as added by section 3, is amended by adding at the end the following new paragraph: (3) Election (A) In general If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013, not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary of the Treasury. (B) Special rule If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan. . (2) Amendment to the Code Section 414(y) (3) Election (A) In general If a plan falls within the definition of a CSEC plan under this subsection (without regard to this paragraph), such plan shall be a CSEC plan unless the plan sponsor elects not later than the close of the first plan year of the plan beginning after December 31, 2013, not to be treated as a CSEC plan. An election under the preceding sentence shall take effect for such plan year and, once made, may be revoked only with the consent of the Secretary. (B) Special rule If a plan described in subparagraph (A) is treated as a CSEC plan, section 104 of the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, shall cease to apply to such plan as of the first date as of which such plan is treated as a CSEC plan. . (b) Election To cease To be treated as an eligible charity plan (1) In general Subsection (d) of section 104 of the Pension Protection Act of 2006, as added by section 202 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended by— (A) striking For purposes of (1) In general.— (B) adding at the end the following: (2) Election not to be an eligible charity plan A plan sponsor may elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. (3) Election to use funding options available to other plan sponsors (A) A plan sponsor that makes the election described in paragraph (2) may elect for a plan to apply the rules described in subparagraphs (B), (C), and (D) for plan years beginning after December 31, 2013. Such election shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury. Any such election may be revoked only with the consent of the Secretary of the Treasury. (B) Under the rules described in this subparagraph, for the first plan year beginning after December 31, 2013, a plan has— (i) an 11-year shortfall amortization base, (ii) a 12-year shortfall amortization base, and (iii) a 7-year shortfall amortization base. (C) Under the rules described in this subparagraph, section 303(c)(2)(A) and (B) of the Employee Retirement Income Security Act of 1974, and section 430(c)(2)(A) and (B) of the Internal Revenue Code of 1986 shall be applied by— (i) in the case of an 11-year shortfall amortization base, substituting 11-plan-year period 7-plan-year period (ii) in the case of a 12-year shortfall amortization base, substituting 12-plan-year period 7-plan-year period (D) Under the rules described in this subparagraph, section 303(c)(7) of the Employee Retirement Income Security Act of 1974, and section 430(c)(7) of the Internal Revenue Code of 1986 shall apply to a plan for which an election has been made under subparagraph (A). Such provisions shall apply in the following manner: (i) The first plan year beginning after December 31, 2013, shall be treated as an election year, and no other plan years shall be so treated. (ii) All references in section 303(c)(7) of such Act and section 430(c)(7) of such Code to February 28, 2010 March 1, 2010 February 28, 2013 March 1, 2013 (E) For purposes of this paragraph, the 11-year amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 303(c)(3) of the Employee Retirement Income Security Act of 1974 and section 430(c)(3) of the Internal Revenue Code of 1986) that would have applied to the plan for the first plan beginning after December 31, 2009, if— (i) the plan had never been an eligible charity plan, (ii) the plan sponsor had made the election described in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 and in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 to have section 303(c)(2)(D)(i) of such Act and section 430(c)(2)(D)(iii) of such Code apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2009, and (iii) no event had occurred under paragraph (6) or (7) of section 303(c) of such Act or paragraph (6) or (7) of section 430(c) of such Code that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2009. (F) For purposes of this paragraph, the 12-year amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to the unamortized principal amount of the shortfall amortization base (as defined in section 303(c)(3) of the Employee Retirement Income Security Act of 1974 and section 430(c)(3) of the Internal Revenue Code of 1986) that would have applied to the plan for the first plan beginning after December 31, 2010, if— (i) the plan had never been an eligible charity plan, (ii) the plan sponsor had made the election described in section 303(c)(2)(D)(i) of the Employee Retirement Income Security Act of 1974 and in section 430(c)(2)(D)(i) of the Internal Revenue Code of 1986 to have section 303(c)(2)(D)(i) of such Act and section 430(c)(2)(D)(iii) of such Code apply with respect to the shortfall amortization base for the first plan year beginning after December 31, 2010, and (iii) no event had occurred under paragraph (6) or (7) of section 303(c) of such Act or paragraph (6) or (7) of section 430(c) of such Code that, as of the first day of the first plan year beginning after December 31, 2013, would have modified the shortfall amortization base or the shortfall amortization installments with respect to the first plan year beginning after December 31, 2010. (G) For purposes of this paragraph, the 7-year shortfall amortization base is an amount, determined for the first plan year beginning after December 31, 2013, equal to— (i) the shortfall amortization base for the first plan year beginning after December 31, 2013, without regard to this paragraph, minus (ii) the sum of the 11-year shortfall amortization base and the 12-year shortfall amortization base. . (c) Deemed election For purposes of sections 4(b)(2) and 4021(b)(3) of the Employee Retirement Income Security Act of 1974, and for all other purposes, a plan shall be deemed to have made an irrevocable election under section 410(d) of the Internal Revenue Code of 1986 if— (1) the plan was established before January 1, 2014; (2) the plan falls within the definition of a CSEC plan; (3) the plan sponsor does not make an election under section 210(f)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 and section 414(y)(3)(B)(i) of the Internal Revenue Code of 1986, as added by this Act; and (4) the plan, plan sponsor, administrator, or fiduciary remits one or more premium payments for the plan to the Pension Benefit Guaranty Corporation for a plan year beginning after December 31, 2013. (d) Effective date The amendments made by this section shall apply as of the date of enactment of this Act. 7. Pension insurance program modifications (a) Flat-Rate premium Subparagraph (A) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3) (1) in clause (i)— (A) by striking in the case of a single-employer plan except as provided in clause (vi), in the case of a single-employer plan (B) in subclause (III), by striking the period and inserting a comma; (2) in clause (iv), by striking or (3) in clause (v), by striking the period at the end and inserting , or (4) by adding at the end thereof the following new clause: (vi) in the case of a CSEC plan (as defined in section 210(f)), an amount for each individual who is a participant in such plan during the plan year equal to the sum of the additional premium (if any) described under subparagraph (K) and $42. . (b) Variable-Rate premium Paragraph (3) of section 4006(a) of such Act (29 U.S.C. 1306(a)) is amended by adding at the end the following: (K) (i) The additional premium determined under this subparagraph with respect to any plan for any plan year— (I) shall be an amount equal to the amount determined under clause (ii) divided by the number of participants in such plan as of the close of the preceding year; and (II) in the case of plan years beginning in a calendar year after 2013, shall not exceed the dollar amount described in subparagraph (E)(i)(II) (without the application of subparagraph (J)). (ii) The amount determined under this clause for any plan shall be an amount equal to $9.00 for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year. For this purpose, the term unfunded vested benefits . (c) Study of CSEC plans (1) In general The Pension Benefit Guaranty Corporation shall conduct a study to determine if there is empirical evidence to support modifying the premium structure under section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3)(A) (2) Data The study under paragraph (1) shall include data with respect to— (A) the portion of the Pension Benefit Guaranty Corporation’s total liabilities that are attributable to CSEC plans; (B) the ratio of such portion to the total of the funding targets of CSEC plans; and (C) with respect to single-employer plans other than CSEC plans, the ratio of— (i) the portion of the Pension Benefit Guaranty Corporation’s total liabilities that are attributable to such plans, to (ii) the total of the funding targets of such plans. (3) Estimates In carrying out paragraph (2), the Pension Benefit Guaranty Corporation shall make such reasonable estimates as are necessary or appropriate in providing the data described in such paragraph. (4) Report The Pension Benefit Guaranty Corporation shall report the results of the study conducted under paragraph (1), together with any recommendations for legislative changes, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (5) Participant and plan sponsor advocate The report described in paragraph (4) shall include a section prepared by the Participant and Plan Sponsor Advocate of the Pension Benefit Guaranty Corporation that includes a statement setting forth the position of such Participant and Plan Sponsor Advocate on the process underlying the study and the conclusions set forth in the report. (6) Definitions In this section— (A) the term CSEC plan (B) the term funding target 29 U.S.C. 1083(d)(1) 8. Sponsor education and assistance (a) Definition In this section, the term CSEC plan (b) Education Not later than 6 months after the date of the enactment of this Act, the Pension Benefit Guaranty Corporation shall take reasonable steps to make the sponsors of existing CSEC plans aware of— (1) the changes to the Employee Retirement Income Security Act of 1974 made by this Act; and (2) the help and assistance available through the Participant and Plan Sponsor Advocate established under section 4004 of such Act ( 29 U.S.C. 1304 9. Effective date Unless otherwise specified in this Act, the provisions of this Act shall apply to years beginning after December 31, 2013. | Cooperative and Small Employer Charity Pension Flexibility Act |
Buy Smarter and Save Act of 2013 - Directs the President to establish: (1) an annual government-wide goal to procure goods and services using strategic sourcing, and (2) an annual government-wide goal for savings from the use of strategic sourcing. Defines "strategic sourcing" as a structured and collaborative process of critically analyzing an organization's spending patterns to better leverage its purchasing power, reduce costs, and improve overall value and performance. Directs the Director of the Office of Management and Budget (OMB) to: (1) issue guidance to executive agencies for implementing the strategic sourcing goals established by this Act, and (2) report on spending for goods and services that was strategically sourced and the extent of the savings realized. Directs the Departments of Defense (DOD), Homeland Security (DHS), Energy (DOE), Veterans Affairs (VA), and Health and Human Services (HHS), and the National Aeronautics and Space Administration (NASA), the General Services Administration (GSA), and the Small Business Administration (SBA) to take certain actions to support strategic sourcing, including establishing department wide-goals and savings targets for strategic sourcing efforts and a strategic sourcing accountability official. Directs the Comptroller General (GAO) to: (1) conduct studies on contract utilization fees and on establishing strategic sourcing initiative contract vehicles, and (2) assess and report on the performance of executive agencies in implementing the strategic sourcing goals required by this Act and the amounts saved through the use of strategic sourcing. | 113 S1304 IS: Buy Smarter and Save Act of 2013 U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1304 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Begich Committee on Homeland Security and Governmental Affairs A BILL To promote strategic sourcing principles within the Federal Government. 1. Short title This Act may be cited as the Buy Smarter and Save Act of 2013 2. Goals for strategic sourcing of Federally procured goods and services (a) Requirement To establish goals for purchases and savings using strategic sourcing The President shall establish— (1) an annual Government-wide goal to procure goods and services using strategic sourcing, in accordance with this section; and (2) an annual Government-wide goal for savings resulting from the use of strategic sourcing, in accordance with this section. (b) Amount of procurement goal (1) In general The goal for procurement of goods and services established under subsection (a) shall be— (A) in each of fiscal years 2014 and 2015, at least $100,000,000,000; and (B) in each of fiscal years 2016, 2017, and 2018, at least $75,000,000,000. (c) Amount of savings goal The goal for savings resulting from the use of strategic sourcing established under subsection (a) shall be— (1) in each of fiscal years 2014 and 2015, at least $10,000,000,000; and (2) in each of fiscal years 2016, 2017, and 2018, at least $7,500,000,000. 3. Implementation of strategic sourcing goals by Office of Management and Budget (a) Guidance by Office of Management and Budget The Director of the Office of Management and Budget shall issue guidance to executive agencies for implementing the goals established under section 2. The Director, in consultation with the heads of executive agencies, may set specific goals for procurement and savings that are customized to individual executive agencies. (b) Matters covered In the guidance issued under subsection (a), the Director shall include, at a minimum, the following: (1) Criteria for the goods and services to be procured using strategic sourcing, consistent with the considerations described in subsection (c). (2) A description of the specific data required to be submitted by executive agencies to the Director regarding implementation of the goals. (3) Guidance on calculating and verifying savings generated from strategic sourcing. (4) Standards to measure progress towards meeting savings goals. (5) Procedures to hold agencies accountable and ensure that agencies are achieving their strategic sourcing goals. (6) Procedures to ensure that an agency is not making purchases that significantly exceed the requirements of the agency. (7) A list of existing Government-wide strategic sourcing vehicles. (c) Considerations In developing the guidance issued under this section, the Director shall take into consideration the application of strategic sourcing in a manner that— (1) maintains a strong industrial and manufacturing base in the United States; (2) is consistent with international trade agreements; (3) accounts for the benefits as well as the costs of procuring goods and services; (4) emphasizes the procurement of goods and services that are procured repetitively, procured Government-wide and in large amounts, and are non-technical and commercial in nature; (5) allows for easy conduct of a spend analysis under section 4(b); and (6) reflects the requirements of the Small Business Act, including the provisions addressing contract bundling, contract consolidation, and the need to achieve the statutory small business prime contracting and subcontracting goals in section 15 of that Act (15 U.S.C. 644). (d) Relationship to Federal Strategic Sourcing Initiative In issuing guidance under this section, the Director shall take into account and be consistent with the Federal Strategic Sourcing Initiative managed by the Office of Federal Procurement Policy. (e) Report Not later than 180 days after the end of a fiscal year for which a goal is established under section 2, the Director shall submit to Congress a report on the implementation of this Act. The report shall include, at a minimum— (1) the dollar amount of spending for goods and for services that was strategically sourced during the year covered by the report; (2) the extent of savings on purchases of goods and services realized by executive agencies during that year; and (3) such findings and recommendations as the Director considers appropriate. 4. Strategic sourcing duties of covered departments (a) In general The Secretary of a covered department shall take the following actions to support strategic sourcing efforts in the department: (1) Establishment of department-wide goals and savings targets for strategic sourcing efforts in support of the goals established under section 2. (2) Establishment of a strategic sourcing accountability official within the department. (3) Issuance of a policy that outlines the role, authority, and responsibilities of the strategic sourcing accountability official and department practices for strategic sourcing. (4) Identification of department-specific strategic sourcing contracts already in use and establishment of utilization goals for current and future strategic sourcing efforts. (5) Development of standards to track and assess compliance with the goals established under section 2, consistent with the guidance and considerations under section 3. (b) Spend analysis requirement Not later than six months after the date of the enactment of this Act, and in accordance with the guidance and considerations under section 3, the Secretary of a covered department shall conduct a spend analysis of procurements by the department during fiscal year 2012 to identify, assess, and quantify goods and services suitable for strategic sourcing. Based on the analysis, the Secretary shall select, for implementation in fiscal year 2014, at least one good or service to strategically source from among the top 20 procurement spending categories for commercial goods and services that are identified in the analysis as suitable for strategic sourcing. 5. Study and report by Comptroller General (a) Study on contract utilization fees The Comptroller General of the United States shall conduct a study to assess the effect of contract utilization fees on the use of multiple agency contracts, including strategic sourcing vehicles using multiple award schedules, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (b) Study on establishing contract vehicles The Comptroller General shall conduct a study to examine the cost of establishing each of the current Federal strategic sourcing initiative contract vehicles, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (c) Annual report on implementation of Act (1) Assessments Each year, the Comptroller General shall assess— (A) the performance of executive agencies in implementing the strategic sourcing goals required by this Act; and (B) the amounts saved through the use of strategic sourcing, including a comparison of the costs of establishing and maintaining strategic sourcing contract vehicles. (2) Report The Comptroller General shall submit a report on the results of the assessment to Congress not later than one year after the date of the enactment of this Act and annually thereafter while the goals are in effect. 6. Definitions In this Act: (1) Executive agency The term executive agency Executive agency section 105 (2) Covered department The term covered department (3) Strategic sourcing The term strategic sourcing | Buy Smarter and Save Act of 2013 |
Lake Hill Administrative Site Affordable Housing Act - Directs the Secretary of Agriculture (USDA), upon receiving an offer from Summit County, Colorado, in which the county agrees to be responsible for the costs specified below, to convey to the county all interest of the United States in the approximately 40 acres of National Forest System land in the county identified as the Lake Hill Administrative Site. Makes Summit County responsible for the processing and transaction costs related to such direct sale of such Site. | 113 S1305 IS: Lake Hill Administrative Site Affordable Housing Act U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1305 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Udall of Colorado Mr. Bennet Committee on Energy and Natural Resources A BILL To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. 1. Short title This Act may be cited as the Lake Hill Administrative Site Affordable Housing Act 2. Definitions In this Act: (1) County The term County (2) Lake Hill Administrative Site The term Lake Hill Administrative Site Lake Hill Administrative Site (3) Secretary The term Secretary 3. Conveyance of Forest Service Lake Hill Administrative Site, Summit County, Colorado (a) Conveyance authority Upon receipt of an offer from the County in which the County agrees to the condition imposed by subsection (c), the Secretary shall use the authority provided by the Forest Service Facility Realignment and Enhancement Act of 2005 ( Public Law 109–54 (b) Application of law (1) Treatment as administrative site The Lake Hill Administrative Site is considered to be an administrative site under section 502(1)(A) of the Forest Service Facility Realignment and Enhancement Act of 2005 ( Public Law 109–54 16 U.S.C. 580d (2) Exception Section 502(1)(C) of that Act does not apply to the conveyance of the Lake Hill Administrative Site. (c) Costs The County shall be responsible for processing and transaction costs related to the direct sale under subsection (a). | Lake Hill Administrative Site Affordable Housing Act |
No Child Left Inside Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to award grants to states and, through them, competitive subgrants to eligible partnerships to support the implementation of state environmental literacy plans that include environmental education standards and teacher training. Includes in the eligible partnerships a local educational agency (LEA) and at least one institution of higher education, another LEA, an elementary or secondary school, or a government or nonprofit entity experienced in environmental literacy. Requires use of the subgrants for one or more of the following activities: providing targeted, job-embedded professional development that improves teachers' environmental content knowledge and pedagogical skills; establishing and operating environmental education summer workshops or institutes for teachers; developing or redesigning more rigorous environmental education curricula; designing programs that prepare teachers to provide environmental education mentoring and training to other teachers in their school; establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields; creating initiatives that incorporate environmental education within teacher training programs or accreditation standards; and promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule. Authorizes the Secretary to award competitive matching grants to eligible partnerships for one or more of the following activities: developing and implementing state curriculum frameworks for environmental education that meet challenging state academic content and achievement standards for environmental education, replicating or disseminating information about proven and tested model environmental education programs, and developing and implementing new approaches to advancing environmental education and the adoption and use of environmental education content standards. Amends part B (Mathematics and Science Partnerships) of title II of the ESEA to: (1) include nonprofit environmental education organizations and government science, environmental, or natural resource management agencies among the entities eligible to participate in part B partnerships; and (2) allow the use of part B funds to train teachers to use environmental education to enhance student understanding of science and mathematics. Amends part B (21st Century Community Learning Centers) of title IV of the ESEA to include environmental literacy activities among the before and after school activities that such program funds at community learning centers. Directs the Secretary to: request all federal departments and agencies to provide information on any environmental literacy assistance program that they operate, sponsor, or support; make that information searchable and accessible through the Department of Education's website and cross-referenced with the United States Green Ribbon School application information; coordinate environmental literacy activities between the Department of Education, the Environmental Protection Agency (EPA), the Department of the Interior, and the Department of Commerce; and appoint an advisory panel of stakeholders to advise and support interagency environmental literacy planning and assessment activities. | 113 S1306 IS: No Child Left Inside Act of 2013 U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1306 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Reed Mr. Kirk Mrs. Murray Mr. Udall of New Mexico Mr. Whitehouse Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 in order to improve environmental literacy to better prepare students for postsecondary education and careers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the No Child Left Inside Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. References. Sec. 4. Authorization of appropriations. TITLE I—Environmental literacy Sec. 101. Environmental literacy. TITLE II—Promoting environmental literacy in education programs Sec. 201. Amendments to title II, part B. Sec. 202. Amendments to title IV, part B. TITLE III—National activities to enhance environmental literacy Sec. 301. Availability of other environmental literacy information. Sec. 302. Federal interagency coordination on environmental literacy. 2. Findings Congress finds that: (1) Children and young adults are increasingly disconnected from the natural world around them, spending less time outside playing, exploring, and learning. (2) Play and learning in nature is important to the intellectual, social, and physical development of youth. (3) Environmental education, as part of the formal prekindergarten through grade 12 school curriculum, provides opportunities for youth to get outside and learn about the natural world, has positive impacts on student achievement in all subjects and especially in science, reading, mathematics, and social studies, and improves critical thinking skills, enthusiasm for learning, stewardship, and healthy lifestyles. (4) By many indicators, the United States is falling behind other nations in preparing students with the educational tools necessary to compete for the growing opportunities in the sciences, including environmental, natural resource, and energy-related careers. (5) Reports by boards of the National Science Foundation, the National Environmental Education Advisory Council, and the National Council for Science and the Environment, among others, have called for a systemic approach to environmental education in the formal education system to improve the environmental literacy of youth and better prepare students for college and the 21st century workforce. (6) Forty-eight States have developed, or are in the process of developing, environmental literacy plans to effectively integrate environmental education into the prekindergarten through grade 12 curriculum and ensure that students graduate from high school environmentally literate. At the same time, most states are aligning curricula with the Common Core State Standards. (7) Support from the Department of Education is needed to help State and local educational agencies, and the partners of such agencies, implement environmental literacy plans and advance State curriculum frameworks for environmental and natural resource education that meets new State academic content and student achievement standards and aligns with the Next Generation Science Framework. (8) Federal science and natural resource agencies have important resources, including Federal lands and laboratories, content experts, data, and programs that can inform and support State and local environmental literacy policies and programming. 3. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 4. Authorization of appropriations (a) Authorization There are authorized to be appropriated to carry out subpart 22 of the Elementary and Secondary Education Act of 1965, such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (b) Distribution With respect to any amount appropriated under subsection (a) for a fiscal year— (1) not less than 70 percent of such amount shall be used to carry out section 5622 of the Elementary and Secondary Education Act of 1965 for such fiscal year; and (2) not more than 30 percent of such amount shall be used to carry out section 5623 of such Act for such fiscal year. I Environmental Literacy 101. Environmental Literacy Part D of title V (20 U.S.C. 7201 et seq.) is amended by adding at the end the following: 22 Environmental Literacy 5621. Definitions In this subpart: (1) Eligible partnership The term eligible partnership (A) A teacher preparation program at an institution of higher education. (B) The environmental or life sciences department of an institution of higher education. (C) Another local educational agency, a public charter school, a public elementary school or secondary school, or a consortium of such schools. (D) A Federal, State, regional, or local environmental or natural resource management agency, or parks and recreation department, that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (E) A nonprofit organization that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (2) Environmental literacy The term environmental literacy (3) Environmental literacy plan The term environmental literacy plan (A) Prepares students to understand ecological principles, the systems of the natural world, and the relationships and interactions between natural and man-made environments. (B) Provides field and hands-on experiences as part of the regular school curriculum and creates programs that contribute to healthy lifestyles through outdoor recreation and sound nutrition. (C) Provides environmental service learning opportunities. (D) Provides targeted professional development opportunities for teachers that improves the teachers'— (i) environmental and natural resource content knowledge; and (ii) pedagogical skills in teaching about the environment, including the use of— (I) interdisciplinary, field-based, and research-based learning; and (II) science, technology, engineering, and mathematics content knowledge and tools. (E) Describes the measures the State will use to assess the environmental literacy of students, including— (i) relevant State academic content standards and content areas regarding environmental education, and courses or subjects where environmental education instruction will be integrated throughout the prekindergarten through grade 12 curriculum; and (ii) a description of the relationship of the plan to the secondary school graduation requirements of the State. (F) Describes how the State educational agency will implement the plan, in partnership with non-governmental organizations, Federal agencies, State environmental agencies, State environmental education associations, State natural resource agencies, and local educational agencies, including how the State educational agency will secure funding and other necessary support. (G) Is periodically updated by the State educational agency not less often than every 5 years. (4) High-need local educational agency The term high-need local educational agency (A) for which not less than 20 percent of the children served by the agency are children from low-income families; (B) that serves not fewer than 10,000 children from low-income families; (C) that meets the eligibility requirements for funding under section 6211(b); or (D) that meets the eligibility requirements for funding under section 6221(b). 5622. Grants for Implementation of Environmental Literacy Plans (a) Program authorized From amounts appropriated for this section, the Secretary shall award grants to States to enable the States to award subgrants, on a competitive basis, to eligible partnerships to support the implementation of the State environmental literacy plan. (b) Application (1) In general A State that desires a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application under this subsection shall— (A) include the State’s environmental literacy plan and information on the status of implementation of such plan; (B) describe how funds received under this subsection will assist the State in furthering the implementation of the State’s environmental literacy plan; (C) describe the process the State will use to make subgrants to eligible partnerships; and (D) describe the process the State will use to evaluate the impact of the activities assisted under this subpart. (c) Peer review The Secretary shall— (1) establish a peer review process to assist in the review of grant applications under this section; (2) appoint individuals to the peer review process who— (A) are representative of parents, teachers, State educational agencies, State environmental agencies, State natural resource agencies, local educational agencies, and nongovernmental organizations; and (B) are familiar with national environmental issues and the health and educational needs of students; and (3) include, in the peer review process, appropriate representatives from the Department of Commerce, the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and other appropriate Federal agencies, to provide environmental expertise and background for evaluation of the State environmental literacy plan. (d) Administrative expenses A State receiving a grant under this section may use not more than 2.5 percent of the grant funds for administrative expenses. (e) State Educational Agency Report (1) In general Each State receiving a grant under this subpart shall prepare and submit an annual report to the Secretary containing information about— (A) the implementation of the environmental literacy plan; and (B) the grant activities supported under this subpart. (2) Report requirements The report required by this section shall be— (A) in the form specified by the Secretary; (B) based on the State's ongoing evaluation activities; and (C) made readily available to the public. (f) Subgrants authorized (1) Subgrants to eligible partnerships From amounts made available to a State educational agency under subsection (a), the State educational agency shall award subgrants, on a competitive basis, to eligible partnerships serving the State, to enable the eligible partnerships to carry out the authorized activities described in subsection (h). (2) Duration The State educational agency shall award each subgrant under this section for a period of not more than 3 years. (3) Priority In making subgrants under this section, a State shall give priority to eligible partnerships that include a high-need local educational agency. (4) Supplement, not supplant Funds provided to an eligible partnership under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Application requirements (1) In general Each eligible partnership desiring a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of teacher professional development needs, with respect to the teaching and learning of environmental content; (B) an explanation of how the activities to be carried out by the eligible partnership are expected to improve student academic achievement and strengthen the quality of environmental instruction; (C) a description of how the activities to be carried out by the eligible partnership— (i) will be aligned with challenging State academic content standards and student academic achievement standards in environmental education, to the extent such standards exist, and with the State's environmental literacy plan; and (ii) will advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components in which students have the opportunity to directly experience nature through outdoor environmental learning; (D) a description of how the activities to be carried out by the eligible partnership will ensure that teachers are trained in the use of field-based or service learning to enable the teachers— (i) to use the local environment and community as a resource; and (ii) to improve student understanding of the environment and increase academic achievement; (E) a description of— (i) how the eligible partnership will carry out the authorized activities described in subsection (h); and (ii) the eligible partnership's evaluation and accountability plan described in subsection (i); and (F) a description of how the eligible partnership will continue the activities funded under this section after the grant period has expired. (h) Authorized activities An eligible partnership shall use the subgrant funds provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: (1) Providing targeted, job-embedded professional development opportunities for teachers that improve the environmental content knowledge and pedagogical skills in teaching about the environment of such teachers, including in the use of— (A) interdisciplinary, research-based, and field-based learning; and (B) technology in the classroom. (2) Establishing and operating environmental education summer workshops or institutes, including follow-up professional development, for elementary and secondary school teachers, and preschool teachers, as appropriate, to improve pedagogical skills and content knowledge for the teaching of environmental education. (3) Developing or redesigning more rigorous environmental education curricula that— (A) are aligned with challenging State academic content standards in environmental education, to the extent such standards exist, and with the State environmental literacy plan; and (B) advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components. (4) Designing programs to prepare teachers at a school to provide mentoring and professional development to other teachers at such school to improve teacher environmental education content knowledge and pedagogical skills. (5) Establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields to deepen such teachers' knowledge of environmental content and research practices. (6) Creating initiatives that seek to incorporate environmental education within teacher training programs or accreditation standards consistent with the State environmental literacy plan. (7) Promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule in order to further the knowledge and professional development of teachers and help students directly experience nature. (i) Evaluation and accountability plan (1) In general Each eligible partnership receiving a subgrant under this section shall develop an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of such activities. (2) Contents The plan developed under paragraph (1) shall include measurable objectives to increase the number of teachers who participate in environmental education content-based professional development activities. (j) Report by eligible partnerships Each eligible partnership receiving a subgrant under this section shall report annually, for each year of the subgrant, to the State educational agency regarding the eligible partnership's progress in meeting the objectives described in the accountability plan of the eligible partnership under subsection (i). 5623. Environmental education grant program to help build national capacity (a) Purposes The purposes of this section are— (1) to strengthen environmental education as an integral part of the elementary school and secondary school curriculum; and (2) to disseminate information about best practices and resources available to support environmental literacy programs. (b) Grant program authorized (1) In General The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to pay the Federal share of the costs of activities under this section. (2) Duration Each grant under this section shall be for a period of not less than 1 year and not more than 3 years. (3) Priority In making grants under this section, the Secretary shall give priority to eligible partnerships that include a high-need local educational agency. (c) Applications Each eligible partnership desiring a grant under this section shall submit to the Secretary an application that contains— (1) a plan to initiate, expand, or improve environmental education programs in order to make progress toward meeting— (A) challenging State academic content standards and student academic achievement standards in environmental education, to the extent such standards exist; and (B) academic standards that are aligned with the State's environmental literacy plan; and (2) an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of activities funded under this section. (d) Use of funds Grant funds made available under this section shall be used for 1 or more of the following: (1) Developing and implementing State curriculum frameworks for environmental education that meet— (A) challenging State academic content standards and student academic achievement standards for environmental education, to the extent such standards exist; and (B) academic standards that are aligned with the State's environmental literacy plan under section 5622. (2) Replicating or disseminating information about proven and tested model environmental education programs that— (A) use the environment as an integrating theme or content throughout the curriculum; or (B) provide integrated, interdisciplinary instruction about natural, social, and economic systems along with field experience that provides students with opportunities to directly experience nature in ways designed to improve students' overall academic performance, personal health (including addressing child obesity issues), and understanding of nature. (3) Developing and implementing new approaches to advancing environmental education, and to advancing the adoption and use of environmental education content standards, at the State and local levels. (e) Eligible partnership report In order to continue receiving grant funds under this section after the first year of a multiyear grant under this section, the eligible partnership shall submit to the Secretary an annual report that— (1) describes the activities assisted under this section that were conducted during the preceding year; (2) demonstrates that progress has been made in helping schools to meet the State academic standards for environmental education described in subsection (d)(3); and (3) describes the results of the eligible partnership's evaluation and accountability plan. (f) Administrative provisions (1) Federal share The Federal share of a grant under this section shall not exceed— (A) 90 percent of the total costs of the activities assisted under the grant for the first year for which the program receives assistance under this section; and (B) 75 percent of such costs for each of the second and third years. (2) Administrative expenses Not more than 7.5 percent of the grant funds made available to an eligible partnership under this section for any fiscal year may be used for administrative expenses. (3) Availability of funds Amounts made available to the Secretary to carry out this section shall remain available until expended. (g) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds available for environmental education activities. 5624. Report to Congress Not later than 2 years after the date of enactment of the No Child Left Inside Act of 2013 (1) describes the programs assisted under this subpart; (2) documents the success of such programs in improving national and State environmental education capacity; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this subpart. . II Promoting environmental literacy in education programs 201. Amendments to title II, part B (1) Section 2201(b)(1)(B) (20 U.S.C. 6661(b)(1)(B)) is amended— (A) in clause (iii) by striking or (B) in clause (iv) by striking the period at the end and inserting ; or (C) by adding at the end the following: (v) a Federal, State, regional, or local science, environmental, or natural resource management agency or a nonprofit environmental education organization that has demonstrated effectiveness in improving the quality of mathematics and science instruction. . (2) Section 2202 (20 U.S.C. 6662) is amended— (A) in subsection (b)(2)(B), by inserting , including any State environmental literacy plan described in section 5621, reform activities (B) in subsection (c), by adding at the end the following: (11) Professional development in the use of field-based or service learning to enable teachers— (A) to use the local environment and community as a resource; and (B) to enhance student understanding of mathematics and science through environmental education. . 202. Amendments to title IV, part B (1) Section 4201(b)(1)(A) ( 20 U.S.C. 7171(b)(1)(A) environmental literacy, technology (2) Section 4205(a) ( 20 U.S.C. 7175(a) (A) by inserting the following after paragraph (3): (4) environmental literacy activities; ; and (B) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively. III National Activities 301. Availability of other environmental literacy information (a) Nondepartmental environmental literacy assistance programs The Secretary of Education shall request that all Federal departments and agencies provide information on any environmental literacy assistance program operated, sponsored, or supported by such Federal department or agency, including information about the application procedures, financial terms and conditions, and other relevant information for each program, and each Federal department or agency shall promptly respond to surveys or other requests from the Secretary of Education for the information described in this subsection. (b) Public Information The Secretary of Education shall ensure that not later than 90 days after the Secretary of Education receives the information required under subsection (a), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental environmental literacy assistance program are searchable and accessible through the Department of Education’s website and cross-referenced with the United States Green Ribbon School application information, in a manner that is simple and understandable for school districts and communities. 302. Federal interagency coordination on environmental literacy (a) In General The Secretary of Education shall coordinate environmental literacy activities between the Department of Education, the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce, including by carrying out the activities described in subsection (b). (b) Coordination activities In coordinating environmental literacy activities, the Secretary of Education shall— (1) assess current Federal environmental education programs, goals, and budget items across agencies; (2) assess environment-based science, technology, engineering, and mathematics (referred to as eSTEM STEM (3) produce adaptable environmental literacy plan guidelines and identify coordinated resources across Federal agencies that States and local educational agencies can follow as States and local educational agencies work to develop environmental literacy plans and programs of their own. (c) Advisory Panel The Secretary of Education shall appoint an advisory panel of stakeholders, including representatives from State educational agencies, local educational agencies, businesses, and nonprofit organizations that are engaged in local environmental literacy efforts representing the geographic, economic, and cultural diversity of the country, who shall meet quarterly to advise and support interagency planning and assessment regarding environmental literacy activities. (d) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Education, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce shall prepare and submit a joint report to Congress containing information about the coordination of environmental literacy activities between Federal agencies. | No Child Left Inside Act of 2013 |
Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy evaluation of a federal agency's facilities: (1) implementing any energy-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.) Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures. Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures. Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal. | 113 S1308 IS: Energy Savings Through Public-Private Partnerships Act of 2013 U.S. Senate 2013-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1308 IN THE SENATE OF THE UNITED STATES July 16 (legislative day, July 15), 2013 Mr. Coons Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. 1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2013 2. Findings Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. 3. Use of energy efficiency measures in Federal buildings (a) Implementation of identified energy efficiency measures Section 543(f)(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(4) (4) Implementation of identified energy efficiency measures (A) In general Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider— (i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and (ii) bundling individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A). . (b) Annual contracting goal Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended— (1) by striking Each Federal agency (i) In general Each Federal agency ; and (2) by adding at the end the following new clauses: (ii) Tracking Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. (iii) Consideration Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). (iv) Contracting goal It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. (v) Report to Congress Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal. . | Energy Savings Through Public-Private Partnerships Act of 2013 |
Women Veterans and Other Health Care Improvements Act of 2013 - (Sec. 2) Includes fertility counseling and treatment within authorized Department of Veterans Affairs (VA) medical services. (Sec. 3) Directs the Secretary of Veterans Affairs (Secretary) to furnish such counseling and treatment, including the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in the line of duty and who is enrolled in the VA health care system, as long as the spouse and veteran apply jointly for such counseling and treatment. (Sec. 4) Authorizes the Secretary to pay to any such veteran an amount to assist in the adoption of one or more children. Provides cost limits. (Sec. 5) Directs the Secretary to prescribe regulations on the furnishing of such counseling, treatment, and adoption assistance. (Sec. 6) Requires the Secretary and the Secretary of Defense (DOD) to share best practices and facilitate referrals on the furnishing of such counseling and treatment. (Sec. 7) Directs the Secretary to facilitate research conducted collaboratively by the Secretaries of Defense and Health and Human Services (HHS) in order to improve VA's ability to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was incurred or aggravated in the line of duty, such as a spinal cord injury, that affects the veterans' ability to reproduce. Requires the Secretary to report to Congress on such research. (Sec. 8) Directs the Secretary to report annually to the congressional veterans committees on the counseling and treatment provided under this Act. (Sec. 9) Directs the Secretary to carry out a program of providing assistance to veterans to obtain child care during the period they are receiving mental health services. Requires the program to be carried out in at least three Veterans Integrated Service Networks selected by the Secretary. Directs the Secretary to carry out a similar program to provide assistance to the primary caretaker of a child or children who is receiving or in need of readjustment counseling and related mental health services from the VA. Requires the latter program to be carried out in at least three Readjustment Counseling Service Regions selected by the Secretary. (Sec. 10) Directs the Secretary to provide, through the Readjustment Counseling Service of the Veterans Health Administration, reintegration and readjustment services in group retreat settings to women veterans who are recently separated from service after a prolonged deployment. Requires the receipt of services to be at the election of the veteran. Repeals superseded pilot program authority under the Caregivers and Veterans Omnibus Health Services Act of 2010. | 113 S131 IS: Women Veterans and Other Health Care Improvements Act of 2013 U.S. Senate 2013-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 131 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2013 Mrs. Murray Mr. Begich Mr. Tester Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the reproductive assistance provided by the Department of Veterans Affairs to severely wounded, ill, or injured veterans and their spouses, and for other purposes. 1. Short title This Act may be cited as the Women Veterans and Other Health Care Improvements Act of 2013 2. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (H) Fertility counseling and treatment, including treatment using assisted reproductive technology. . 3. Reproductive treatment and care for spouses and surrogates of veterans (a) In general Subchapter VIII of chapter 17 1788. Reproductive treatment and care for spouses and surrogates of veterans (a) In general The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. (b) Coordination of care for other spouses and surrogates In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. (c) Construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or (2) to furnish maternity care to a spouse or surrogate of a veteran. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1787 the following new item: 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 4. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. (b) Covered veteran For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who— (1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and (2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (c) Limitation amount For purposes of this section, the limitation amount is the amount equal to the lesser of— (1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and (2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 5. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. 6. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 (3) to carry out section 1789 of such title, as added by section 4. (b) Limitation Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish— (1) to a veteran any fertility treatment that uses an assisted reproductive technology that the Secretary has not used in the provision of a fertility treatment to a veteran before the date of the enactment of this Act; (2) any fertility counseling or treatment under section 1788 (3) any assistance under section 1789 of such title, as added by section 4. (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology 7. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment The Secretary of Veterans Affairs and the Secretary of Defense shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility counseling and treatment. 8. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73 7330B. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as spinal cord injury, that affects the veterans' ability to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item: 7330B. Facilitation of reproduction and infertility research. . (c) Report Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330B 9. Requirement to improve Department of Veterans Affairs women veterans contact center The Secretary of Veterans Affairs shall enhance the capabilities of the Department of Veterans Affairs women veterans contact center— (1) to respond to requests by women veterans for assistance with accessing health care and benefits furnished under laws administered by the Secretary; and (2) for referral of such veterans to community resources to obtain assistance with services not furnished by the Department. 10. Modification of pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) Increase in number of locations Subsection (c) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 38 U.S.C. 1712A three locations 14 locations (b) Extension of duration Subsection (d) of such section is amended by striking 2-year four-year (c) Authorization of appropriations Subsection (f) of such section is amended— (1) by striking Secretary of Veterans Affairs for each (1) for each ; (2) in paragraph (1), as designated by paragraph (1), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (2) for each of fiscal years 2013 and 2014, $400,000 to carry out the pilot program. . 11. Program on assistance for child care for certain veterans (a) Assistance for child care for certain veterans receiving health care (1) In general Subchapter I of chapter 17 1709B. Assistance for child care for certain veterans receiving health care (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c). (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran— (1) receives the types of health care services described in subsection (c) at a facility of the Department; and (2) requires travel to and return from such facility for the receipt of such health care services. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department— (i) regular mental health care services; (ii) intensive mental health care services; or (iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or (B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department. (d) Locations The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Direct provision of child care at an on-site facility of the Department of Veterans Affairs. (C) Payments to private child care agencies. (D) Collaboration with facilities or programs of other Federal departments or agencies. (E) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. . (2) Conforming amendment Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1710 but not after the date of the enactment of the Women Veterans and Other Health Care Improvements Act of 2013 (3) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709A the following new item: 1709B. Assistance for child care for certain veterans receiving health care. . (b) Assistance for child care for certain veterans receiving readjustment counseling and related mental health services (1) In general Subchapter I of chapter 17 of such title, as amended by subsection (a)(1), is further amended by adding at the end the following new section: 1709C. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive readjustment counseling and related mental health services. (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran receives readjustment counseling and related health care services at a Vet Center. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child; and (2) (A) receiving from the Department regular readjustment counseling and related mental health services; or (B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (d) Locations The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 (B) Payments to private child care agencies. (C) Collaboration with facilities or programs of other Federal departments or agencies. (D) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. (f) Vet Center defined In this section, the term Vet Center . (2) Clerical amendment The table of sections at the beginning of such chapter, as amended by subsection (a)(3), is further amended by inserting after the item relating to section 1709B the following new item: 1709C. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services. . 12. Contractor user fees (a) In general Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: 323. Contractor user fees (a) Fee requirement Except as provided in subsection (c) and subject to subsection (d), the Secretary shall impose a fee upon each person with whom the Secretary engages in a contract for a good or service as a condition of the contract. (b) Fee amount (1) The amount of a fee imposed upon a person under subsection (a) with respect to a contract shall be equal to the lesser of— (A) the amount which is equal to seven percent of the total value of the contract; and (B) the amount which is equal to the total value of the contract multiplied by the applicable percentage for such fiscal year. (2) The applicable percentage for a fiscal year shall be equal to the percentage by which— (A) the annual estimate of the total value of contracts for such fiscal year, exceeds (B) the annual estimate of the total cost of fertility counseling and treatment for such fiscal year. (3) Before each fiscal year, the Secretary shall establish, for purposes of this section, the annual estimate of the total value of contracts for the next fiscal year, which shall be the Secretary's estimate of what the aggregate value will be of all contracts in which the Secretary will engage in the next fiscal year. (4) Before each fiscal year, the Secretary shall establish, for purposes of this section, the annual estimate of the total cost of fertility counseling and treatment for the next fiscal year, which shall be the Secretary's estimate of what the total cost to the Department will be in the next fiscal year of— (A) furnishing fertility counseling and treatment, including through the use of assisted reproductive technology, to individuals under laws administered by the Secretary in the next fiscal year; and (B) making payments under section 1789 of this title in the next fiscal year. (c) Waiver The Secretary may waive the fee required by subsection (a) for a person as the Secretary considers appropriate if the person is an individual or a small business concern. (d) Limitation on collection No fee may be collected under subsection (a) except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (e) Department of Veterans Affairs Fertility Counseling and Treatment Fund (1) There is in the Treasury a fund to be known as the Department of Veterans Affairs Fertility Counseling and Treatment Fund. (2) All amounts received by the Secretary under subsection (a) shall be deposited in the fund. (3) (A) Subject to the provisions of appropriations Acts, amounts in the fund shall be available, without fiscal year limitation, to the Secretary for the following purposes: (i) To furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to individuals under laws administered by the Secretary. (ii) To make payments under section 1789 of this title. (B) Amounts available under subparagraph (A) may not be used for any purposes other than a purpose set forth in clause (i) or (ii) of that subparagraph. (4) Amounts received by the Secretary under subsection (a) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 (f) Small business concern defined In this section, the term small business concern . (b) Clerical amendment The table of sections at the beginning of chapter 3 of such title is amended by adding after the item relating to section 322 the following new item: 323. Contractor user fees. . | Women Veterans and Other Health Care Improvements Act of 2013 |
Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prescribe formulae for payment of Social Security Disability Insurance (SSDI) benefits over a period of 24 consecutive calendar months for individuals determined to be under a disability upon submission of a diagnosis of a terminal illness. | 113 S1311 IS: Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 U.S. Senate 2013-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1311 IN THE SENATE OF THE UNITED STATES July 17, 2013 Mr. Barrasso Mr. Enzi Mr. Brown Committee on Finance A BILL To provide for phased-in payment of Social Security Disability Insurance payments during the waiting period for individuals with a terminal illness. 1. Short title This Act may be cited as the Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 2. Phased-in payment of SSDI benefits during the waiting period for the terminally ill (a) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E), by striking or (ii) (ii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iii) (B) in paragraph (2)— (i) in subparagraph (A), by striking or (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) in subparagraph (C), as so redesignated, by striking (ii) (iii) (iv) by inserting after subparagraph (A) the following new subparagraph: (B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, subject to the phase-in percentage period described in paragraph (3)(A), or ; and (C) by adding at the end the following new paragraph: (3) (A) For purposes of paragraph (2)(B), in any case in which clause (ii) of paragraph (1) of this subsection is applicable, an individual's disability insurance benefit for the earliest period of 2 consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined under paragraph (2)(B) (as determined before application of this paragraph) and— (i) for the first calendar month, 50 percent; and (ii) for the second calendar month, 75 percent. (B) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to— (i) the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraph (A)); minus (ii) the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12. (C) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraphs (A) and (B)). ; and (2) in subsection (d)(2), by adding at the end the following: (D) For purposes of clause (ii) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code) and are not in the same physician group practice. . (b) Report to Congress Not later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of the Social Security Administration, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including— (1) the total number of individuals who— (A) filed applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness; (B) receive such benefits; (C) die within 6 months of first receiving such benefits; (D) die within 12 months of first receiving such benefits; (E) receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and (F) receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (2) the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and (3) recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (c) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. | Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013 |
Federal Employee Accountability Act of 2013 - Repeals provisions: (1) authorizing a federal employee representing an exclusive representative in the negotiation of a collective bargaining agreement official time for such purpose during the time such employee otherwise would be in a duty status; and (2) requiring the Federal Labor Relations Authority (FLRA) to determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before it shall be authorized official time for that purpose. | 113 S1312 IS: Federal Employee Accountability Act of 2013 U.S. Senate 2013-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1312 IN THE SENATE OF THE UNITED STATES July 17, 2013 Mr. Coburn Mr. Alexander Mr. Barrasso Mr. Burr Mr. Cornyn Mr. Enzi Mr. Inhofe Mr. Isakson Mr. Lee Mr. Portman Mr. Risch Mr. Rubio Mr. Thune Mr. Vitter Mr. Johnson of Wisconsin Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to limit the circumstances in which official time may be used by a Federal employee. 1. Short title This Act may be cited as the Federal Employee Accountability Act of 2013 2. Repeal of certain provisions relating to official time Section 7131 (1) by striking subsections (a) and (c); (2) by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and (3) in subsection (b) (as so redesignated by paragraph (2)), by striking Except as provided in the preceding subsections of this section— Except as provided in subsection (a)— | Federal Employee Accountability Act of 2013 |
United Nations Transparency, Accountability, and Reform Act of 2013 - Requires the President's annual congressional budget justification to include a detailed itemized request in support of the U.S. contribution to the regular budget of the United Nations (U.N.). Directs the President to use U.S. influence at the U.N. on a variety of issues, including: (1) shifting the funding mechanism for the regular budget of the U.N. from an assessed to a voluntary basis, (2) terrorism, (3) anti-Semitism, (4) maintaining U.S. influence in the U.N. Security Council, and (5) human rights violators. Withholds from U.S. contributions to the regular U.N. budget amounts that are proportional to the percentage of such budget expended for a U.N. human rights treaty monitoring body or committee that was established by a convention or an international covenant to which the United States is not party. Establishes the Office of the United States Inspector General for Contributions to the United Nations System. Sets forth requirements for the Office with respect to audits and investigations of U.S. contributions to the U.N. and such contributions' use by U.N. entities. Prohibits the obligation or expenditure of a U.S. contribution to any U.N. entity unless it has provided the Office with a transparency certification and is in compliance with it. Withholds U.S. contributions from any U.N. entity that recognizes a Palestinian state or grants full membership to the Palestinian observer mission at the U.N., the Palestine Liberation Organization (PLO), the Palestinian Authority (PA), or any other Palestinian administrative organization or governing entity before the achievement of a final peace agreement with Israel. Declares that until the Secretary makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular U.N. budget an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Withholds from the U.S. contribution to the regular U.N. budget an amount equal to the percentage of such contribution that would be or has been expended by the United Nations pursuant to: (1) the Goldstone Report, and (2) the Durban process. Prohibits the use of funds for U.S. participation in any further part of the Durban process. Withholds U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary makes specified certifications to Congress. Prohibits any U.S. contribution to the International Atomic Energy Agency (IAEA) from being used to support Technical Cooperation program assistance to any country, including North Korea, that: (1) has repeatedly supported acts of international terrorism; or (2) is in breach of, or under investigation for breach of, obligations regarding its safeguards agreement with the IAEA, the Nuclear Non-Proliferation Treaty, or any relevant Security Council resolution. Sets forth U.S. policy regarding reform of U.N. peacekeeping operations. Directs the President to use U.S. influence at the U.N. to oppose the creation of new, or expansion of existing, U.N. peacekeeping operations until the Secretary certifies to Congress that specified peacekeeping reforms have been adopted by the U.N. Department of Peacekeeping Operations or the General Assembly. Sets forth reporting requirements regarding: (1) U.N. reform, (2) U.S. contributions to the United Nations, and (3) U.N. voting practices. | 113 S1313 IS: United Nations Transparency, Accountability, and Reform Act of 2013 U.S. Senate 2013-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1313 IN THE SENATE OF THE UNITED STATES July 17, 2013 Mr. Rubio Committee on Foreign Relations A BILL To promote transparency, accountability, and reform within the United Nations system, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the United Nations Transparency, Accountability, and Reform Act of 2013 (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—United States policy at the United Nations Sec. 101. United States contributions to the United Nations system. Sec. 102. Budget justification for United States contributions to the regular budget of the United Nations. Sec. 103. Annual publication. Sec. 104. Annual financial disclosure. Sec. 105. Policy with respect to expansion of the United Nations Security Council. Sec. 106. Access to reports and audits. Sec. 107. Waiver of immunity. Sec. 108. Terrorism and the United Nations. Sec. 109. United Nations treaty bodies. Sec. 110. Anti-semitism and the United Nations. Sec. 111. United States policy on tier 3 human rights violators. TITLE II—Transparency and accountability for United States contributions to the United Nations Sec. 201. Definitions. Sec. 202. Establishment and management of the Office of the United States Inspector General for Contributions to the United Nations System. Sec. 203. Transparency for United States contributions. Sec. 204. Authorization of appropriations. TITLE III—Status of Palestinian entities at the United Nations Sec. 301. Statement of policy. Sec. 302. Implementation. TITLE IV—United Nations Human Rights Council Sec. 401. United Nations Human Rights Council. TITLE V—Goldstone Report Sec. 501. Goldstone Report. TITLE VI—Durban process Sec. 601. Non-participation in the Durban process. Sec. 602. Withholding of funds; refund of United States taxpayer dollars. TITLE VII—United Nations Relief and Works Agency for Palestine Refugees in the Middle East Sec. 701. United States contributions to UNRWA. Sec. 702. Sense of Congress. TITLE VIII—International Atomic Energy Agency Sec. 801. Technical Cooperation Program. Sec. 802. United States policy at the IAEA. Sec. 803. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA. TITLE IX—Peacekeeping Sec. 901. Policy relating to reform of United Nations peacekeeping operations. Sec. 902. Certification. TITLE X—Reporting requirements Sec. 1001. Report on United Nations reform. Sec. 1002. Report on United States contributions to the United Nations. Sec. 1003. Report to Congress on voting practices in the United Nations. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and (B) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives. (2) Employee The term employee (3) General Assembly The term General Assembly (4) Member State The term Member State country (5) Secretary The term Secretary (6) Secretary-General The term Secretary-General (7) Security Council The term Security Council (8) UN The term UN (9) United Nations entity The term United Nations entity Public Law 109–364 (10) United Nations system The term United Nations system (11) United States contribution The term United States contribution Public Law 109–364 I United States policy at the United Nations 101. United States contributions to the United Nations system (a) Statement of policy It shall be the policy of the United States— (1) to pursue the goal of zero nominal growth of the regular budget of the United Nations above the 2012–2013 regular budget; (2) to maintain the 22-percent cap on assessed contributions to the United Nations regular budget, and to establish similar maximum assessments for other United Nations entities; (3) to establish a 25-percent cap on United States contributions to the United Nations Peacekeeping Operations budget; and (4) to shift funding for the regular budget of the United Nations from assessed to voluntary contributions. (b) Requirement To seek change The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to shift the funding mechanism for the regular budget of the United Nations to a voluntary basis, and to make it a priority to build support for such a transformational change among Member States, particularly key United Nations donors. 102. Budget justification for United States contributions to the regular budget of the United Nations (a) Detailed itemization The President shall include in the budget justification documents submitted to Congress pursuant to section 1105(a) of title 31, United States Code, a detailed itemized request in support of the contribution of the United States to the regular budget of the United Nations. (b) Contents of detailed itemization The detailed itemization required under subsection (a) shall— (1) contain information relating to the amounts requested in support of each of the various sections and programs of the regular budget of the United Nations; and (2) compare the amounts requested for the current year with the actual or estimated amounts contributed by the United States in previous fiscal years for the same sections and titles. (c) Adjustments and notification If the United Nations proposes an adjustment to its regular assessed budget, the Secretary shall, at the time such adjustment is presented to the Advisory Committee on Administrative and Budgetary Questions (ACABQ), notify and consult with the appropriate congressional committees. 103. Annual publication The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure the United Nations publishes annually, including on a publicly searchable internet website, a list of all United Nations subsidiary bodies and their functions, budgets, staff, and contributions, both voluntary and assessed, sorted by donor. 104. Annual financial disclosure The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to adopt and implement a system wide requirement at the United Nations for the filing of individual annual financial disclosure forms by each employee of the United Nations and its specialized agencies, programs, and funds at the D–1 level and above, which shall be made available to the Office of Internal Oversight Services, to Member States, and to the public at a similar level of detail as that required of United States Government officials under title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 4 101 et seq.). 105. Policy with respect to expansion of the United Nations Security Council It is the policy of the United States to use the voice, vote, and influence of the United States at the United Nations to oppose any proposals on expansion of the Security Council if such expansion would— (1) diminish the influence of the United States on the Security Council; (2) include new members without a record and ongoing commitment to fully share the responsibilities and burdens as full members of the United Nations, including financial support for the regular budget and peacekeeping operations of the United Nations; (3) include new members that are unable or unwilling to fully enforce United Nations Security Council judgments and sanctions; or (4) include veto rights for any new members of the Security Council. 106. Access to reports and audits The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that Member States may, upon request, have access to all reports and audits completed by the Board of External Auditors. 107. Waiver of immunity The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that the Secretary-General exercises the right and duty of the Secretary-General under section 20 of the Convention on the Privileges and Immunities of the United Nations to waive the immunity of any United Nations official in any case in which such immunity would impede the course of justice. In exercising such waiver, the Secretary-General is urged to interpret the interests of the United Nations as favoring the investigation or prosecution of a United Nations official who is credibly under investigation for having committed a serious criminal offense or who is credibly charged with a serious criminal offense. 108. Terrorism and the United Nations The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to work toward adoption by the General Assembly of— (1) a definition of terrorism that— (A) builds upon the recommendations of the December 2004 report of the High-Level Panel on Threats, Challenges, and Change; (B) includes as an essential component of such definition any action that is intended to cause death or serious bodily harm to civilians with the purpose of intimidating a population or compelling a government or an international organization to do, or abstain from doing, any act; and (C) does not propose a legal or moral equivalence between an action described in subparagraph (B) and measures taken by a government or international organization in self-defense against an action described in subparagraph (B); and (2) a comprehensive convention on terrorism that includes the definition described in paragraph (1). 109. United Nations treaty bodies The United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended with respect to a United Nations human rights treaty monitoring body or committee that was established by— (1) a convention (without any protocols) or an international covenant (without any protocols) to which the United States is not party; or (2) a convention, with a subsequent protocol, if the United States is a party to neither. 110. Anti-semitism and the United Nations (a) In general The President shall direct the United States permanent representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to make every effort to— (1) ensure the issuance and implementation of a directive by the Secretary-General or the Secretariat, as appropriate, that— (A) requires all employees of the United Nations and its specialized agencies to officially and publicly condemn anti-Semitic statements made at any session of the United Nations or its specialized agencies, or at any other session sponsored by the United Nations; (B) requires employees of the United Nations and its specialized agencies, programs, and funds to be subject to punitive action, including immediate dismissal, for making anti-Semitic statements or references; (C) proposes specific recommendations to the General Assembly for the establishment of mechanisms to hold accountable employees and officials of the United Nations and its specialized agencies, programs, and funds, or Member States, that make such anti-Semitic statements or references in any forum of the United Nations or of its specialized agencies; (D) continues to develop and implements education awareness programs about the Holocaust and anti-Semitism throughout the world, as part of an effort to combat intolerance and hatred; and (E) requires the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop programming and other measures that address anti-Semitism; (2) secure the adoption of a resolution by the General Assembly that establishes the mechanisms described in paragraph (1)(C); and (3) continue working toward further reduction of anti-Semitism in the United Nations and its specialized agencies, programs, and funds. (b) Withholding of funds Notwithstanding any other provision of law, of the amounts appropriated or otherwise made available for the United Nations and its affiliated agencies under the heading Contributions for International Organizations 111. United States policy on tier 3 human rights violators The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that no representative of a country designated by the Department of State pursuant to section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 II Transparency and accountability for United States contributions to the United Nations 201. Definitions In this title: (1) Transparency certification The term transparency certification (2) Oversight information The term oversight information (A) internally and externally commissioned audits, investigatory reports, program reviews, performance reports, and evaluations; (B) financial statements, records, and billing systems; (C) program budgets and program budget implications, including revised estimates and reports on budget related matters; (D) operational plans, budgets, and budgetary analyses for peacekeeping operations; (E) analyses and reports regarding the scale of assessments; (F) databases and other data systems containing financial or programmatic information; (G) documents or other records alleging or involving improper use of resources, misconduct, mismanagement, or other violations of rules and regulations applicable to a United Nations entity; and (H) other documentation relevant to the audit and investigative work of the Inspector General with respect to United States contributions to the United Nations system. 202. Establishment and management of the Office of the United States Inspector General for Contributions to the United Nations System (a) Purpose The purpose of this section is to make possible the independent and objective conduct of audits and investigations relating to United States contributions to the United Nations system and the use of those contributions by United Nations entities, in an effort to eliminate and deter waste, fraud, and abuse in the use of those contributions, and thereby to contribute to the development of greater transparency, accountability, and internal controls throughout the United Nations system. (b) Establishment There is hereby established the Office of the United States Inspector General for Contributions to the United Nations System. (c) Inspector General (1) Appointment The head of the Office of the United States Inspector General for Contributions to the United Nations System is the Inspector General for Contributions to the United Nations System, who shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2) Nomination The nomination of an individual as Inspector General shall be made not later than 30 days after the enactment of this Act. (3) Removal The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. (4) Compensation The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 (5) Relationship to board (A) Except as provided in subparagraph (B), the Inspector General shall report directly to and be under the general supervision of, the Board of Directors established under subsection (d). (B) Neither the Board, any officer of the Board, nor any officer of a Federal department or agency shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. (6) Duties The Inspector General shall carry out the following duties: (A) In accordance with section 4(b)(1) (i) the treatment, handling, expenditure, and use of United States contributions by and to United Nations entities; and (ii) the adequacy of accounting, oversight, and internal control mechanisms at United Nations entities that receive United States contributions. (B) In accordance with section 4(b)(1) (C) Collecting and maintaining current records regarding transparency certifications by all United Nations entities that receive United States contributions. (D) Keeping the Board of Directors and Congress fully and promptly informed of how United Nations entities are spending United States contributions by means of reports, testimony, and briefings. (E) Promptly reporting to the United States Attorney General when Inspector General has reasonable grounds to believe a United States Federal criminal law has been violated by a United Nations entity or one of its employees, contractors, or representatives. (F) Promptly reporting, when appropriate, to the Secretary-General or the head of the appropriate United Nations entity cases where the Inspector General reasonably believes that mismanagement, misfeasance, or malfeasance is likely to have taken place within a United Nations entity and disciplinary proceedings are likely justified. (7) Personnel, facilities, and other resources (A) Officers and employees The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General. (B) Services The Inspector General may obtain services as authorized by section 3109 (C) Property The Inspector General may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out this section. (D) Contract authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General my enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General. (E) Details Upon request by the Inspector General, the head of a Federal agency may detail any employee of such agency to the Office of the United States Inspector General for Contributions to the United Nations System on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. (8) Cooperation by United States Government entities (A) In general In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall receive the cooperation of inspectors general of other Federal Government agencies. (B) Information sharing Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. (C) Reporting of noncooperation Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Board of Directors and to the appropriate congressional committees without delay. (9) Confirmation of transparency by United Nations entities (A) Prompt notice by inspector general Whenever information or assistance requested from a United Nations entity by the Inspector General pursuant to a transparency certification is, in the opinion of the Inspector General, unreasonably refused or not provided in a timely manner, the Inspector General shall notify the Board of Directors, the head of that particular United Nations entity, and the United Nations Secretary-General of the circumstances in writing, without delay. (B) Notice of compliance If and when the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is provided to the satisfaction of the Inspector General, the Inspector General shall so notify in writing the United Nations entity, the Board of Directors, and the appropriate congressional committees. (C) Noncompliance If the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is not provided to the satisfaction of the Inspector General within 90 days of that notification, then the United Nations entity that is the subject of the notification is deemed to be noncompliant with its transparency certification, and the Inspector General shall provide prompt, written notification of that fact to the Board of Directors, the appropriate congressional committees, the head of that United Nations entity, the United Nations Secretary-General, and any office or agency of the Federal Government that has provided that United Nations entity with any United States contribution during the prior two years. (D) Restoration of compliance A finding of transparency certification noncompliance pursuant to subparagraph (C) may be reversed by an affirmative vote of at least 5 of the 7 members of the Board of Directors if the Board finds that the entity has satisfactorily resolved the noncompliance issue. The Board shall promptly provide notification of such restoration, along with a description of the basis for the Board's decision, to the Inspector General, the appropriate congressional committees, the head of the affected United Nations entity, the United Nations Secretary-General, and the head of any office or agency of the Federal Government that has provided that United Nations entity with any United States contribution during the prior two years. (E) Cost reimbursement The Inspector General may reimburse United Nations entities for the reasonable cost of providing to the Inspector General information or assistance sought pursuant to a transparency certification. (10) Reports (A) Audit and investigation reports Promptly upon completion, the Inspector General shall provide copies of each audit and investigation report completed pursuant to paragraph (6) to the Board of Directors, the appropriate congressional committees, and, to the extent permissible under United States law, the head of each United Nations entity that is the subject of that particular report. (B) Semiannual reports Not later than May 30, 2014, and semiannually thereafter, the Inspector General shall submit to the appropriate congressional committees a report that, among other things— (i) meets the requirements of section 5 of the Inspector General Act of 1978; and (ii) includes a list of and detailed description of the circumstances surrounding any notification of noncompliance issued pursuant to paragraph (9)(C) during the covered timeframe, and whether and when the Board of Directors has reversed such finding of noncompliance. (C) Prohibited disclosures Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (i) specifically prohibited from disclosure by any other provision of law; (ii) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (iii) a part of an ongoing criminal investigation. (D) Privacy protections The Inspector General shall exempt from public disclosure information received from a United Nations entity or developed during an audit or investigation that the Inspector General believes— (i) constitutes a trade secret or privileged and confidential personal financial information; (ii) accuses a particular person of a crime; (iii) would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; or (iv) would compromise an ongoing law enforcement investigation or judicial trial in the United States. (E) Publication Subject only to the exceptions detailed in subparagraphs (C) and (D), the Inspector General shall promptly publish each report under this subsection on a publicly available and searchable Internet website. (d) Board of directors (1) Establishment The Office of the United States Inspector General for Contributions to the United Nations System shall have a Board of Directors. (2) Duties The Board shall receive information and reports of audits and investigations from the Office and the Inspector General, provide general direction and supervision to the Office and the Inspector General, and determine the restoration of compliance by any United Nations entity with a transparency certification pursuant to subsection (c)(9)(D). (3) Membership The Board shall consist of the Secretary of State (or the Secretary's designee), the Secretary of Labor (or the Secretary's designee), the Secretary of Agriculture (or the Secretary's designee), the Secretary of Defense (or the Secretary's designee), the Administrator of the Environmental Protection Agency (or the Administrator's designee), the Secretary of the Treasury (or the Secretary's designee), and the Director of the Office of Management and Budget (or the Director's designee). (4) Chairmanship The Board shall be chaired by a board member, and the chairmanship shall rotate among the member departments and agencies on an annual basis. The first chair shall be the Director of the Office of Management and Budget (or such designee of the Director serving on the Board). 203. Transparency for United States contributions (a) Funding prerequisites Notwithstanding any other provision of law, no funds made available for use as a United States contribution to any United Nations entity may be obligated or expended if— (1) the intended United Nations entity recipient has not provided to the Inspector General within the preceding year a transparency certification; or (2) the intended United Nations entity recipient is noncompliant with its transparency certification as described in section 202(c)(9)(C). (b) Treatment of funds withheld for noncompliance At the conclusion of each fiscal year, any funds that had been appropriated for use as a United States contribution to a United Nations entity during that fiscal year, but could not be obligated or expended because of the restrictions of subsection (a), shall be returned to the United States Treasury, and are not subject to reprogramming for any other use. Any such funds returned to the Treasury shall not be considered arrears to be repaid to any United Nations entity. (c) Presidential waiver The President may waive the limitations of this section with respect to a particular United States contribution to a particular United Nations entity within a single fiscal year if the President determines that it is necessary for the national security interests of the United States and provides notification and explanation of that determination to the appropriate congressional committees. 204. Authorization of appropriations There are authorized to be appropriated out of funds available to the Department of State for International Organizations such sums as are necessary to carry out the activities of this title, provided that such sums are not less than one half of 1 percent of the total amount of all assessed and voluntary contributions of the United States Government to the United Nations and United Nations affiliated agencies and related bodies during the prior fiscal year. III Status of Palestinian entities at the United Nations 301. Statement of policy It is the policy of the United States to oppose the recognition of a Palestinian state by any United Nations entity, or the granting of full membership to the Palestinian observer mission at the United Nations, the Palestine Liberation Organization, the Palestinian Authority, or any other Palestinian administrative organization or governing entity, at any United Nations entity, prior to the achievement of a final peace agreement negotiated between and agreed to by Israel and the Palestinians. 302. Implementation (a) In general The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to advance the policy stated in section 301. (b) Withholding of funds The Secretary shall withhold United States contributions from any United Nations entity that recognizes a Palestinian state or grants full membership to the Palestinian observer mission at the United Nations, the Palestine Liberation Organization, the Palestinian Authority, or any other Palestinian administrative organization or governing entity, at that United Nations entity, prior to the achievement of complete and final peace agreement negotiated between and agreed to by Israel and the Palestinians. Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. IV United Nations Human Rights Council 401. United Nations Human Rights Council (a) In general For each fiscal year beginning after the effective date of this Act, until the Secretary submits to Congress a certification that the requirements described in subsection (b) have been satisfied— (1) the Secretary shall withhold from the United States contribution each fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council or any of its Special Procedures; (2) the Secretary shall not make a voluntary contribution to the United Nations Human Rights Council; or (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification The annual certification referred to in subsection (a) is a certification made by the Secretary to Congress that— (1) the United Nations Human Rights Council’s mandate from the United Nations General Assembly explicitly and effectively prohibits candidacy for Human Rights Council membership of a United Nations Member State— (A) subject to sanctions by the Security Council; and (B) under a Security Council-mandated investigation for human rights abuses; (2) the United Nations Human Rights Council does not include a United Nations Member State— (A) subject to sanctions by the Security Council; (B) under a Security Council-mandated investigation for human rights abuses; (C) that the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq. 22 U.S.C. 2780 22 U.S.C. 2371 (D) designated by the Department of State pursuant to section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 (E) that the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)); and (3) the United Nations Human Rights Council’s agenda or programme of work does not include a permanent item with regard to the State of Israel. (c) Reversion of funds Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. V Goldstone Report 501. Goldstone Report (a) Withholding of Funds The Secretary shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be or has been expended by the United Nations for any part of the Goldstone Report or its preparatory or follow-on activities. (b) Refund of United States Taxpayer Dollars Funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. VI Durban process 601. Non-participation in the Durban process None of the funds made available in any provision of law may be used for United States participation in any further part of the Durban process. 602. Withholding of funds; refund of United States taxpayer dollars (a) Withholding of funds for the durban process The Secretary shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be or has been expended by the United Nations for any part of the Durban process, including— (1) any public information campaign for the commemoration of the Durban Declaration and Programme of Action (2) the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action; (3) the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action (4) the Ad Hoc Committee on the Elaboration of Complementary Standards. (b) Withholding of funds for other biased and compromised activities Until the Secretary submits to the appropriate congressional committees a certification, on a case-by-case basis, that the requirements described in subsection (d) have been satisfied, the United States shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines has been allocated by the United Nations for any conference, meeting, or other multilateral forum, or the preparatory or follow-on activities of any conference, meeting, or other multilateral forum, that is organized under the aegis or jurisdiction of the United Nations or of any United Nations entity. (c) Refund of united states taxpayer dollars (1) Contributions to regular budget of united nations Funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity. (2) Contributions to biennial budget of united nations Funds appropriated for use as a United States contribution to the regularly assessed biennial budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (b) may be obligated and expended for that purpose upon the certification described in subsection (d). Such funds shall revert to the United States Treasury if no such certification is made by the date that is one year after such appropriation, and shall not be considered arrears to be repaid to any United Nations entity. (d) Certification The certification referred to in subsection (b) is a certification made by the Secretary to the appropriate congressional committees concerning the following: (1) The specified conference, meeting, or other multilateral forum did not reaffirm, call for the implementation of, or otherwise support the Durban Declaration and Programme of Action (2001) or the outcome document of the Durban II conference (2009) or the Durban III meeting (2011). (2) The specified conference or forum was not used to propagate racism, racial discrimination, anti-Semitism, denial of the Holocaust, incitement to violence or genocide, xenophobia, or related intolerance. (3) The specified conference or forum was not used to advocate for restrictions on the freedoms of speech, expression, religion, the press, assembly, or petition, or for restrictions on other fundamental human rights and freedoms. (4) The leadership of the specified conference or forum does not include a Member State, or a representative from a Member State— (A) subject to sanctions by the Security Council; (B) under a Security Council-mandated investigation for human rights abuses; or (C) the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism. VII United Nations Relief and Works Agency for Palestine Refugees in the Middle East 701. United States contributions to UNRWA Section 301 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 (c) (1) Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only after the Secretary has submitted the annual report described in paragraph (2) to the appropriate congressional committees. (2) A written report by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefor, that— (A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA— (i) is a member of a foreign terrorist organization; (ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or (iii) has used any UNRWA resources, including publications or Internet websites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; (B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a foreign terrorist organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; (E) no recipient of UNRWA funds or loans is a member of a foreign terrorist organization; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. (3) Definitions In this section: (A) Appropriate congressional committees The term appropriate congressional committees (i) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and (ii) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives. (B) Foreign terrorist organization The term foreign terrorist organization 8 U.S.C. 1189(a) (4) Limitation The United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount— (A) greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States; (B) that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or (C) that exceeds 22 percent of the total budget of UNRWA. . 702. Sense of Congress It is the sense of Congress that— (1) the President and the Secretary should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 701); (2) citizens of recognized states should be removed from UNRWA’s jurisdiction; (3) UNRWA’s definition of a Palestine refugee (4) it should be the goal of the United States to eliminate UNRWA and give the Office of the United Nations High Commissioner for Refugees full responsibility for Palestinian refugees as defined under paragraph (3). VIII International Atomic Energy Agency 801. Technical Cooperation Program (a) In general No funds from any United States assessed or voluntary contribution to the IAEA may be used to support any assistance provided by the IAEA through its Technical Cooperation Program to any country, including North Korea, that— (1) is a country the government of which has been determined by the Secretary, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; (2) is in breach of or noncompliance with its obligations regarding— (A) its safeguards agreement with the IAEA; (B) the Additional Protocol; (C) the Nuclear Non-Proliferation Treaty; (D) any relevant United Nations Security Council Resolution; or (E) the Charter of the United Nations; or (3) is under investigation for a breach of or noncompliance with the obligations specified in paragraph (2). (b) Withholding of voluntary contributions Not later than 30 days after the date of the enactment of this Act, the Secretary shall withhold from the United States voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in the period from 2007 to 2008 on assistance through its Technical Cooperation Program to countries described in subsection (a). (c) Withholding of assessed contributions If, not later than 30 days of the date of the enactment of this Act, the amount specified in subsection (c) has not been withheld and the IAEA has not suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a), an amount equal to that specified in subsection (b) shall be withheld from the United States assessed contribution to the IAEA. (d) Waiver The provisions in subsections (b) and (c) may be waived if— (1) the IAEA has suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a); or (2) the President certifies that the countries described in subsection (a) no longer pose a threat to the national security, interests, and allies of the United States. (e) United States actions at IAEA The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to any country described in subsection (a). (f) Report Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. 802. United States policy at the IAEA (a) Enforcement and compliance (1) Office of compliance (A) Establishment The President shall direct the United States Permanent Representative to the International Atomic Energy Agency (IAEA) to use the voice, vote, and influence of the United States at the IAEA to establish an Office of Compliance in the Secretariat of the IAEA. (B) Operation The Office of Compliance shall— (i) function as an independent body composed of technical experts who shall work in consultation with IAEA inspectors to assess compliance by IAEA Member States with the Statute of the IAEA and the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the Nuclear Nonproliferation Treaty NPT (ii) base its assessments and recommendations on IAEA inspection reports; and (iii) take into consideration information provided by IAEA Board Members that are 1 of the 5 nuclear weapons states recognized by the Nuclear Nonproliferation Treaty. (C) Staffing The Office of Compliance shall be staffed from existing personnel in the Department of Safeguards of the IAEA or the Department of Nuclear Safety and Security of the IAEA. (2) Committee on safeguards and verification The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that the Committee on Safeguards and Verification established in 2005 shall develop and seek to put into force a workplan of concrete measures that will— (A) improve the ability of the IAEA to monitor and enforce compliance by Member States of the IAEA with the Nuclear Nonproliferation Treaty and the Statute of the International Atomic Energy Agency; and (B) enhance the ability of the IAEA, beyond the verification mechanisms and authorities contained in the Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA, to detect with a high degree of confidence undeclared nuclear activities by a Member State. (3) Penalties with respect to the IAEA (A) In general The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including— (i) limiting its ability to vote on its case; (ii) being prevented from receiving any technical assistance; and (iii) being prevented from hosting meetings. (B) Termination of penalties The penalties specified under subparagraph (A) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance. (4) Penalties with respect to the nuclear nonproliferation treaty The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is found to be in breach of, in noncompliance with, or has withdrawn from the Nuclear Nonproliferation Treaty shall return to the IAEA all nuclear materials and technology received from the IAEA, any Member State of the IAEA, or any Member State of the Nuclear Nonproliferation Treaty. (b) United States contributions (1) Voluntary contributions Voluntary contributions of the United States to the IAEA should primarily be used to fund activities relating to nuclear safety and security or activities relating to nuclear verification. (2) Limitation on use of funds The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to— (A) ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs; and (B) block the allocation of funds for any other IAEA development, environmental, or nuclear science assistance or activity to a country— (i) the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism and which the Secretary has determined has not dismantled its weapons of mass destruction programs and surrendered all related materials under international verification; (ii) that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or (iii) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations. (3) Detail of expenditures The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to secure, as part of the regular budget presentation of the IAEA to Member States of the IAEA, a detailed breakdown by country of expenditures of the IAEA for safeguards inspections and nuclear security activities. (c) Membership (1) In general The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the membership on the Board of Governors of the IAEA of a Member State of the IAEA that has not signed and ratified the Additional Protocol and— (A) is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or (B) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations. (2) Criteria The United States Permanent Representative to the IAEA shall make every effort to modify the criteria for Board membership to reflect the principles described in paragraph (1). (d) Small quantities protocol The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to— (1) rescind and eliminate the Small Quantities Protocol; (2) require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and (3) require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (a)(3). (e) Nuclear program of Iran (1) United states action The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board of Governors that, in addition to the restrictions already imposed, makes Iran ineligible to receive any nuclear material, technology, equipment, or assistance from any IAEA Member State and ineligible for any IAEA assistance not related to safeguards inspections or nuclear security until the IAEA Board of Governors determines that Iran— (A) is providing full access to IAEA inspectors to its nuclear-related facilities; (B) has fully implemented and is in compliance with the Additional Protocol; and (C) has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing. (2) Penalties If an IAEA Member State is determined to have violated the prohibition on assistance to Iran described in paragraph (1) before the IAEA Board of Governors determines that Iran has satisfied the conditions described in subparagraphs (A) through (C) of such paragraph, such Member State shall be subject to the penalties described in subsection (a)(3), shall be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State, and shall be ineligible to receive any IAEA assistance not related to safeguards inspections or nuclear security until such time as the IAEA Board of Governors makes such determination with respect to Iran. (f) Report Not later than 180 days after the date of the enactment of this Act, and annually for 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section. 803. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA It is the sense of Congress that the national security interests of the United States are enhanced by the Nuclear Security Action Plan of the IAEA and that the Board of Governors should recommend, and the General Conference should adopt, a resolution incorporating the Nuclear Security Action Plan into the regular budget of the IAEA. IX Peacekeeping 901. Policy relating to reform of United Nations peacekeeping operations It shall be the policy of the United States to pursue reform of United Nations peacekeeping operations in the following areas: (1) Planning and management (A) Global audit As the size, cost, and number of United Nations peacekeeping operations have increased substantially over the past decade, independent audits of each such operation should be conducted annually, with a view toward right-sizing (B) Procurement and transparency The logistics established within the United Nations Department of Field Support should be streamlined and strengthened to ensure that all peacekeeping missions are resourced appropriately, transparently, and in a timely fashion while individual accountability for waste, fraud, and abuse within United Nations peacekeeping missions is uniformly enforced. (C) Review of mandates and closing operations In conjunction with the audit described in subparagraph (A), the United Nations Department of Peacekeeping Operations should conduct a comprehensive review of all United Nations peacekeeping operation mandates, with a view toward identifying objectives that are practical and achievable, and report its findings to the Security Council. In particular, the review should consider the following: (i) Except in extraordinary cases, including genocide, the United Nations Department of Peacekeeping Operations should not be tasked with activities that are impractical or unachievable without the cooperation of the Member State(s) hosting a United Nations peacekeeping operation, or which amount to de-facto trusteeship outside of the procedures established for such under Chapter XII of the United Nations Charter, thereby creating unrealistic expectations and obfuscating the primary responsibility of the Member States themselves for creating and maintaining conditions for peace. (ii) Long-standing operations that are static and cannot fulfill their mandate should be downsized or closed. (iii) Where there is legitimate concern that the withdrawal from a country of an otherwise static United Nations peacekeeping operation would result in the resumption of major conflict, a burden-sharing arrangement that reduces the level of assessed contributions, similar to that currently supporting the United Nations Peacekeeping Force in Cyprus, should be explored and instituted. (D) Leadership As peacekeeping operations become larger and increasingly complex, the Secretariat should adopt a minimum standard of qualifications for senior leaders and managers, with particular emphasis on specific skills and experience, and current senior leaders and managers who do not meet those standards should be removed. (E) Pre-deployment training Pre-deployment training on interpretation of the mandate of the operation, specifically in the areas of use of force, civilian protection and field conditions, the Code of Conduct, HIV/AIDS, and human rights should be mandatory, and all personnel, regardless of category or rank, should be required to sign an oath that each has received and understands such training as a condition of participation in the operation. (F) Gratis military personnel The General Assembly should seek to strengthen the capacity the United Nations Department of Peacekeeping Operations and ease the extraordinary burden currently placed upon the limited number of headquarters staff by lifting restrictions on the utilization of gratis military personnel by the Department so that the Department may accept secondments from Member States of military personnel with expertise in mission planning, logistics, and other operational specialties. (2) Conduct and discipline (A) Adoption of a uniform code of conduct A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, including military personnel, should be adopted and incorporated into legal documents governing participation in such an operation, including all contracts and Memorandums of Understanding, promulgated and effectively enforced. (B) Understanding the code of conduct All personnel, regardless of category or rank, should receive training on the Code of Conduct prior to deployment with a peacekeeping operation, in addition to periodic follow-on training. In particular— (i) all personnel, regardless of category or rank, should be provided with a personal copy of the Code of Conduct that has been translated into the national language of such personnel, regardless of whether such language is an official language of the United Nations; (ii) all personnel, regardless of category or rank, should sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code of Conduct, and that each understands the consequences of violating the Code of Conduct, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability and victims compensation, where appropriate, as a condition of appointment to any such operation; and (iii) peacekeeping operations should continue and enhance educational outreach programs to reach local communities where peacekeeping personnel of such operations are based, including explaining prohibited acts on the part of United Nations peacekeeping personnel and identifying the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct. (C) Monitoring mechanisms Dedicated monitoring mechanisms, such as the Conduct and Discipline Teams already deployed to support most United Nations peacekeeping operations, should be present in each operation to monitor compliance with the Code of Conduct, and should report simultaneously to the Head of Mission, the United Nations Department of Field Support, the United Nations Department of Peacekeeping Operations, and the Associate Director of the Office of Internal Oversight Services for Peacekeeping Operations. (D) Investigations A permanent, professional, and independent investigative body should be established and introduced into United Nations peacekeeping operations. In particular: (i) The investigative body should include professionals with experience in investigating sex crimes and the illegal exploitation of resources, as appropriate, as well as experts who can provide guidance on standards of proof and evidentiary requirements necessary for any subsequent legal action. (ii) Provisions should be included in all Memorandums of Understanding, including a Model Memorandum of Understanding, that obligate Member States that contribute troops to a peacekeeping operation to designate a military prosecutor who will participate in any investigation into credible allegations of misconduct brought against an individual of such Member State, so that evidence is collected and preserved in a manner consistent with the military law of such Member State. (iii) The investigative body should be regionally based to ensure rapid deployment and should be equipped with modern forensics equipment for the purpose of positively identifying perpetrators and, where necessary, for determining paternity. (iv) The investigative body should report directly to the Associate Director of the Office of Internal Oversight Services for Peacekeeping Operations, while providing copies of any reports to the Department of Field Support, the Department of Peacekeeping Operations, the Head of Mission, and the Member State concerned. (E) Follow-up The Conduct and Discipline Unit in the headquarters of the United Nations Department of Field Support should be appropriately staffed, resourced, and tasked with— (i) promulgating measures to prevent misconduct; (ii) receiving reports by field personnel and coordinating the Department’s response to allegations of misconduct; (iii) gathering follow-up information on completed investigations, particularly by focusing on disciplinary actions against the individual concerned that have been taken by the United Nations or by the individual's Member State, and sharing such information with the Security Council, the Department of Peacekeeping Operations, the Head of Mission, and the community hosting the peacekeeping operation; and (iv) contributing pertinent data on conduct and discipline to the database required pursuant to subparagraph (H). (F) Financial liability and victims assistance Although peacekeeping operations should provide immediate medical assistance to victims of sexual abuse or exploitation, the responsibility for providing longer-term treatment, care, or restitution lies solely with the individual found guilty of the misconduct. In particular: (i) The United Nations should not assume responsibility for providing long-term treatment or compensation under the Sexual Exploitation and Abuse Victim Assistance Mechanism by utilizing assessed contributions to United Nations peacekeeping operations, thereby shielding individuals from personal liability and reinforcing an atmosphere of impunity. (ii) If an individual responsible for misconduct has been repatriated, reassigned, redeployed, or is otherwise unable to provide assistance, responsibility for providing assistance to a victim should be assigned to the Member State that contributed the contingent to which such individual belonged or to the manager concerned. (iii) In the case of misconduct by a member of a military contingent, appropriate funds shall be withheld from the troop contributing country concerned. (iv) In the case of misconduct by a civilian employee or contractor of the United Nations, appropriate wages shall be garnished from such individual or fines shall be imposed against such individual, consistent with existing United Nations Staff Rules, and retirement funds shall not be shielded from liability. (G) Managers and commanders The manner in which managers and commanders handle cases of misconduct by those serving under them should be included in their individual performance evaluations, so that managers and commanders who take decisive action to deter and address misconduct are rewarded, while those who create a permissive environment or impede investigations are penalized or relieved of duty, as appropriate. (H) Database A centralized database, including personnel photos, fingerprints, and biometric data, should be created and maintained within the United Nations Department of Peacekeeping Operations, the Department of Field Support, and other relevant United Nations bodies without further delay to track cases of misconduct, including the outcome of investigations and subsequent prosecutions, to ensure that personnel who have engaged in misconduct or other criminal activities, regardless of category or rank, are permanently barred from participation in future peacekeeping operations. (I) Cooperation of member states If a Member State routinely refuses to cooperate with the directives contained herein or acts to shield its nationals from personal liability, that Member State should be barred from contributing troops or personnel to future peacekeeping operations. (J) Welfare Peacekeeping operations should continue to seek to maintain a minimum standard of welfare for mission personnel to ameliorate conditions of service, while adjustments are made to the discretionary welfare payments currently provided to Member States that contribute troops to offset the cost of operation-provided recreational facilities, as necessary and appropriate. 902. Certification (a) New or expanded peacekeeping operations contingent upon presidential certification of peacekeeping operations reforms (1) No new or expanded peacekeeping operations (A) Certification Except as provided in subparagraph (B), until the Secretary certifies that the requirements described in paragraph (2) have been satisfied, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to oppose the creation of new, or the expansion of existing, United Nations peacekeeping operations. (B) Exception and notification The requirements described under paragraph (2) may be waived with respect to a particular peacekeeping operation if the President determines that failure to deploy new or additional peacekeepers in such situation will significantly contribute to the widespread loss of human life, genocide, or the endangerment of a vital national security interest of the United States. If the President makes such a determination, the President shall, not later than 15 days before the exercise of such waiver, notify the appropriate congressional committees of such determination and resulting waiver. (2) Certification of peacekeeping operations reforms The certification referred to in paragraph (1) is a certification made by the Secretary to the appropriate congressional committees that the following reforms, or an equivalent set of reforms, related to peacekeeping operations have been adopted by the United Nations Department of Peacekeeping Operations or the General Assembly, as appropriate: (A) A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, has been adopted by the General Assembly and duly incorporated into all contracts and a Model Memorandum of Understanding, and mechanisms have been established for training such personnel concerning the requirements of the Code and enforcement of the Code. (B) All personnel, regardless of category or rank, serving in a peacekeeping operation have been trained concerning the requirements of the Code of Conduct and each has been given a personal copy of the Code, translated into the national language of such personnel. (C) All personnel, regardless of category or rank, are required to sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code, and that each understands the consequences of violating the Code, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability for victims compensation as a condition of the appointment to such operation. (D) All peacekeeping operations have designed and implemented educational outreach programs to reach local communities where peacekeeping personnel of such operations are based to explain prohibited acts on the part of United Nations peacekeeping personnel and to identify the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct. (E) The creation of a centralized database, including personnel photos, fingerprints, and biometric data, has been completed and is being maintained in the United Nations Department of Peacekeeping Operations that tracks cases of misconduct, including the outcomes of investigations and subsequent prosecutions, to ensure that personnel, regardless of category or rank, who have engaged in misconduct or other criminal activities are permanently barred from participation in future peacekeeping operations. (F) A Model Memorandum of Understanding between the United Nations and each Member State that contributes troops to a peacekeeping operation has been adopted by the United Nations Department of Peacekeeping Operations that specifically obligates each such Member State to— (i) uphold the uniform Code of Conduct which shall apply equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank; (ii) designate a competent legal authority, preferably a prosecutor with expertise in the area of sexual exploitation and abuse where appropriate, to participate in any investigation into an allegation of misconduct brought against an individual of such Member State; (iii) refer to its competent national or military authority for possible prosecution, if warranted, any investigation of a violation of the Code of Conduct or other criminal activity by an individual of such Member State; (iv) report to the Department of Field Support and the Department of Peacekeeping Operations on the outcome of any such investigation; (v) undertake to conduct on-site court martial proceedings, where practical and appropriate, relating to allegations of misconduct alleged against an individual of such Member State; and (vi) assume responsibility for the provision of appropriate assistance to a victim of misconduct committed by an individual of such Member State. (G) A professional and independent investigative and audit function has been established within the United Nations Department of Peacekeeping Operations and the Office of Internal Oversight Services to monitor United Nations peacekeeping operations. X Reporting requirements 1001. Report on United Nations reform Section 4 of the United Nations Participation Act of 1945 ( 22 U.S.C. 287b(c)(3) (1) by redesignating subparagraph (C) as subparagraph (R); and (2) by inserting after subparagraph (B) the following new subparagraphs: (C) A description of progress toward the goal of shifting funding for the regular budget of the United Nations to voluntary funding as described in section 101 of the United Nations Transparency, Accountability, and Reform Act of 2013 (D) A description of progress toward each of the policy goals identified in title I of the United Nations Transparency, Accountability, and Reform Act of 2013, and a detailed, goal-specific description of efforts and activities by United States diplomats and officials toward those ends. (E) A description of the status of the implementation of management reforms within the United Nations and its specialized entities. (F) An accounting of the number of outputs, reports, or other mandates generated by General Assembly and Security Council resolutions, a description of the status of the review by the General Assembly of all mandates older than 5 years and how resources have been redirected to new challenges, and the number of mandates that have been eliminated since the date of the enactment of the United Nations Transparency, Accountability, and Reform Act of 2013. (G) A description of the progress of the General Assembly to modernize and streamline the committee structure and its specific recommendations on oversight and committee outputs, consistent with the March 2005 report of the Secretary-General entitled In Larger Freedom: Towards Development, Security and Human Rights for All (H) An assessment of the continued utility and relevance of the Economic and Financial Committee and the Social, Humanitarian, and Cultural Committee, in light of the duplicative agendas of those committees and the Economic and Social Council. (I) An examination of whether the United Nations or any of its specialized agencies has contracted with any party included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. (J) A description of progress made by the General Assembly in modernizing human resource practices, consistent with the report described in subparagraph (G). (K) A comprehensive evaluation of human resources reforms at the United Nations, including an evaluation of— (i) tenure; (ii) performance reviews; (iii) the promotion system; (iv) a merit-based hiring system and enhanced regulations concerning termination of employment; and (v) the adoption and implementation of a United Nations systemwide code of conduct and ethics training. (L) A description of the implementation at the United Nations of a system of procedures for filing complaints and protective measures for workplace harassment, including sexual harassment. (M) Policy recommendations relating to the establishment at the United Nations of a rotation requirement for nonadministrative positions. (N) Policy recommendations relating to the establishment of limitations on the transfer of personnel and officials assigned to the mission of a member state to the United Nations to positions within the United Nations Secretariat that are compensated at the P–5 level and above. (O) Policy recommendations relating to a reduction in travel allowances for United Nations personnel and attendant oversight with respect to accommodations and airline flights. (P) An evaluation of the recommendations of the Secretary-General relating to greater flexibility for the Secretary-General in staffing decisions to accommodate changing priorities. . 1002. Report on United States contributions to the United Nations (a) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (b) Content The report required under subsection (a) shall include the following elements: (1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and United Nations affiliated agencies and related bodies. (2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to such agency or body from any source in such fiscal year. (3) For each such contribution— (A) the amount of the contribution; (B) a description of the contribution (including whether assessed or voluntary); (C) the department or agency of the United States Government responsible for the contribution; (D) the purpose of the contribution; and (E) the United Nations or United Nations affiliated agency or related body receiving the contribution. (c) Public availability of information Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of the report on a text-based, searchable, and publicly available Internet website. 1003. Report to Congress on voting practices in the United Nations Section 406(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 2414a(b) (1) in paragraph (5), by striking ; and (2) in paragraph (6), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (7) a table detailing the amount of direct United States foreign assistance provided to each member country alongside a voting comparison as described in paragraph (5). . | United Nations Transparency, Accountability, and Reform Act of 2013 |
Keep the IRS Off Your Health Care Act of 2013 - Prohibits the Secretary of the Treasury, or any delegate of the Secretary, from implementing or enforcing any provisions of or amendments made by the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010. | 113 S1315 PCS: Keep the IRS Off Your Health Care Act of 2013 U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 137 113th CONGRESS 1st Session S. 1315 IN THE SENATE OF THE UNITED STATES July 17, 2013 Mr. Cornyn July 18, 2013 Read the second time and placed on the calendar A BILL To prohibit the Secretary of the Treasury from enforcing the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 1. Short title This Act may be cited as the Keep the IRS Off Your Health Care Act of 2013 2. Findings Congress finds the following: (1) On May 10, 2013, the Internal Revenue Service admitted that it singled out advocacy groups, based on ideology, seeking tax-exempt status. (2) This action raises pertinent questions about the agency’s ability to implement and oversee the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 (3) This action could be an indication of future Internal Revenue Service abuses in relation to the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, given that it is their responsibility to enforce a key provision, the individual mandate. (4) Americans accept the principle that patients, families, and doctors should be making medical decisions, not the Federal Government. 3. Prohibiting enforcement of PPACA and HCERA The Secretary of the Treasury, or any delegate of the Secretary, shall not implement or enforce any provisions of or amendments made by the Patient Protection and Affordable Care Act (Public Law 111–148) or the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152). July 18, 2013 Read the second time and placed on the calendar | Keep the IRS Off Your Health Care Act of 2013 |
National Aeronautics and Space Administration Authorization Act of 2013 - Title I : Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2014-FY2016 to the National Aeronautics and Space Administration (NASA) for: (1) exploration, (2) space operations, (3) science, (4) aeronautics, (5) space technology, (6) education, (7) cross-agency support programs, (8) construction and environmental compliance and restoration, and (9) the Inspector General. Title II: Human Space Flight Exploration and Operations - Subtitle A: Exploration - (Sec. 201) Reaffirms that the long-term goal of the human space flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners. Amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it a key objective of the United States to achieve human exploration of Mars, including the establishment of a capability for human habitation on the surface of Mars. Directs NASA to submit to Congress a strategy to achieve such objective through a series of successive, free-standing, but complementary missions making robust use of cis-lunar space and employing the Space Launch System, Orion (multi-purpose vehicle), and other capabilities under titles III, IV, V, and IX of such Act. Requires NASA, in developing the strategy, to include the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration and development; the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; the opportunities for collaboration with international partners, private industry, and other federal agencies, including missions relevant to national security or scientific needs; a range of exploration mission architectures and approaches for the missions identified in this paragraph; and standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of those missions. Requires the Administrator of NASA, in identifying opportunities for collaboration with other federal agencies, in collaboration with the Secretary of Defense (DOD) and the Director of National Intelligence, to include a discussion of the work, cost, and schedule required to enable and utilize a cargo variant of the Space Launch System, including the 70-, 105-, and 130-metric ton configurations, with both a 5-meter or 8-meter faring. Requires the strategy to include: (1) technical information as needed to identify interest from the scientific and national security communities, and (2) an assessment of the Space Launch System to enable and sustain near-Earth object surveillance of potentially Earth-threatening objects for the purpose of planetary protection. (Sec. 202) Declares that it is U.S. policy that the exploration ground systems to process and launch the Space Launch System, Orion, and related exploration elements, and the 21st Century Space Launch Complex to enable and facilitate civil, defense, and private launches are complimentary efforts to modernize infrastructure, reduce costs, and maintain capabilities for current and future missions. Specifies that NASA, in executing such programs: (1) may not exclude the ability of exploration ground systems to support efforts with respect to the elements to be included in the NASA launch support and infrastructure modernization program; (2) shall allow for cost-sharing opportunities by providing multi-use systems and capabilities to current and future users of the 21st Century Space Launch Complex through modernization, refurbishment, or development of infrastructure; and (3) shall pursue, in collaboration with specified entities, capabilities and investments that support multiple entities to advance NASA's current and future missions and benefit NASA by creating new partnerships. Instructs NASA to continue to improve launch infrastructure at U.S. facilities launching vehicles to resupply the International Space Station (ISS) in order to ensure continuous, timely, redundant, and efficient access to the ISS. Requires the budget materials for NASA in each budget submitted by the President for a fiscal year to specify the amount required for NASA for that fiscal year for such purposes. (Sec. 203) Directs NASA to submit to Congress a plan to engage the public, including science students in elementary and secondary education programs, throughout the United States in naming: (1) NASA's overall deep space human exploration program, and (2) the Space Launch System. (Sec. 204) Requires NASA to submit a report that updates Congress on the Constellation Space Suit System. Requires such report to include justification as to whether another competition to award contracts for the design, development, certification, production, and sustaining engineering of such space suit system is required to meet the needs of NASA's human exploration program. Subtitle B: Maximizing ISS Utilization - (Sec. 221) Reaffirms the policy that it shall be the policy of the United States, in consultation with its international partners in the ISS program, to support full and complete utilization of the ISS through at least 2020. Instructs NASA to ensure that the ISS as a designated national laboratory: (1) remains viable as an element of overall exploration and partnership strategies and approaches; (2) is considered for use by all NASA mission directorates, as appropriate, for technically appropriate scientific data gathering or technology risk reduction demonstrations; and (3) remains an effective, functional vehicle that provides research and test bed capabilities for the United States through 2020, up to 2028, and possibly beyond. Directs NASA, to determine through analyses and discussions with ISS partners, the feasible and preferred service life of the ISS as a unique scientific, commercial, and exploration-related facility. Requires NASA to submit a report and subsequent reports triennially thereafter, to Congress that include: (1) an assessment of whether ISS operations can be extended to at least 2028; (2) an evaluation of the potential for expanding the use of ISS facilities to accommodate the needs of researchers and other users; and (3) such other information as may be necessary to fully describe the justification for, and feasibility of, extending the service life of the ISS. (Sec. 222) Amends the National Aeronautics and Space Administration Authorization Act of 2010 to instruct the Administrator to ensure that the liaison function with regard to the management of the ISS national laboratory is implemented in a manner that precludes any conflict of interest between the objectives and activities of the organization with which the Administrator has entered into a cooperative agreement for the management of the laboratory (the ISS management entity) and the NASA organizational entity responsible for the management of the NASA research plan onboard the ISS. Considers such entities to be separate and equal partners. Requires NASA to report to Congress on: (1) options for expanding NASA's collaboration with its ISS partners, including providing U.S. personnel expanded access to international partner research facilities and coordinating research efforts to minimize the duplication of effort; (2) the potential for increasing ISS crew size to maximize use and applications; and (3) efforts undertaken by NASA and the ISS management entity to enhance collaborative research between NASA and other federal science agencies, such as the National Institutes of Health (NIH) and the National Science Foundation (NSF), and to expand the use of ISS national laboratory capabilities by federal science agencies. (Sec. 223) Allows NASA to waive the license reserved by NASA with respect to any invention made by a person in the performance of any non-NASA scientific utilization of the ISS national laboratory, if reservation of the license would substantially inhibit the commercialization of the invention (Sec. 224) Expresses the sense of Congress that NASA: (1) should continue the development of safe, reliable, and cost effective commercial launch capabilities for the primary purpose of securing domestic access to the ISS as quickly and safely as possible; and (2) should encourage a viable commercial market for those capabilities. Declares that it is U.S. policy that, to foster the competitive development, operation, and improvement of private space transportation services, service for federal government access to and return from the ISS, whenever feasible, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201 of the National Aeronautics and Space Administration Authorization Act of 2010. Requires NASA, in evaluating commercial space transportation service providers: (1) to aim to minimize the life-cycle costs of obtaining transportation services; (2) to assure compliance with all safety and mission assurance requirements; (3) to consider contractor financial investment into the development of transportation capabilities; and (4) for commercial crew transport services, to consider flexibility in design, including sample return capabilities, and to provide a written notification and justification to Congress if the price per seat exceeds the cost negotiated by NASA for crew transport in April 2013. Requires NASA, in implementing the the U.S. policy stated in this section, to submit to Congress a strategy for transitioning from Space Act Agreements to Federal Acquisition Regulation-based contracts for the procurement of crew transportation services to and from the ISS. Subtitle C: Other Matters - (Sec. 232) Extends through December 31, 2016, the application deadline for licenses with respect to which the Secretary of Transportation (DOT) is required to pay third-party claims in excess of a commercial space launcher's required insurance coverage. Allows any contract between NASA and a provider to provide that the United States will indemnify a provider against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss or damage to property resulting from activities that the contract defines as unusually hazardous or nuclear in nature, but only to the extent that: (1) such claims are not compensated by the provider's liability insurance; and (2) they arise out of the direct performance of the contract. Require such a contract that provides indemnification to also provide for: (1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. Requires each provider that is a party to a contract made under this section to have and maintain liability insurance in such amounts as NASA shall require to cover liability to third parties and loss of or damage to property. Bars the Administrator from indemnifying a provider unless there is a cross-waiver between NASA and the provider as described in the following. Allows the Administrator, on behalf of the United States, and its departments, agencies, and instrumentalities, to reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities arising out of the performance of the contract. Prohibits any payment from being made under this section until the Administrator or the Administrator's designee certifies that the amount is just and reasonable. Allows, upon approval by the Administrator, payments to be made, at the Administrator's election, from: (1) funds obligated for the performance of the contract concerned; (2) funds available for research and development not otherwise obligated; or (3) funds appropriated for such payments. Prohibits NASA from providing indemnification under this section for an activity that requires a license or permit under title 51 U.S. Code Chapter 509 (relating to commercial space launch activities). (Sec. 233) Requires NASA to deliver to Congress a review of its current termination liability practices and the benefits of potential alternatives. Requires such report to include: (1) an accounting of the total budget currently held in reserve, by either NASA or a contractor, to cover termination liability for the Space Launch System and Orion programs; and (2) an accounting of the current cost risk of termination liability for such programs. Requires: (1) NASA to submit such report for review by Congress and the Government Accountability Office (GAO), and (2) GAO to deliver to Congress an assessment of the potential for continued improvement by NASA relative to the previous GAO review of NASA termination liability conducted in 2011. Title III: Science - Subtitle A: Earth Science - (Sec. 301) Expresses the sense of Congress that, given the importance of Earth science and Earth observation data, NASA Earth science efforts: (1) should be conducted in coordination with other federal agencies and should be cognizant of international efforts and the needs of the scientific and businesses communities; and (2) whenever feasible, NASA and other federal agencies should consider the potential for reducing costs by purchasing commercially available Earth science data and services while maintaining free and open data policies. Instructs the Office of Science and Technology Policy (OSTP), in implementing its National Strategy for Earth Observation and in developing a National Plan for Civil Earth Observations, to prioritize federal Earth science and observation investments based on: (1) its assessment of Earth science and observation data requirements; (2) the capability requirements as identified by the National Academies decadal surveys; (3) the projected costs of Earth science missions and data gathering activities; and (4) the projected and available budgets. Instructs NASA, in prioritizing future Earth science and Earth observation missions and technology development, under the National Plan for Civil Earth Observations and title 51 U.S. Code chapter 201 (provisions relating to the National Aeronautics and Space Program), to consider potential cost-reduction opportunities, including: (1) if feasible, co-locating Earth science sensors on other satellites; and (2) purchasing commercially available services, such as launch access to orbital and sub-orbital space, and Earth science data with free and open data policies. Requires NASA to continue to develop and integrate the National Institute of Standards and Technology Advanced Radiometer, the Earth Polychromatic Imaging Camera, and related hardware and software onto the Deep Space Climate Observatory. (Sec. 302) Reaffirms the finding in the Land Remote Sensing Policy Act of 1992, namely, that the continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth's natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance. Directs NASA to use existing studies and data to initiate system definition and procurement of the next global land-imaging system consistent with continuing Earth remote sensing data collection over multi-decades. Instructs the Administrator to seek partnerships with institutions of higher education and other federal agencies to support education of the next generation of remote sensing engineers, scientists, and analysts. Subtitle B: Space Science - (Sec. 321) Instructs the Administrator to ensure that the Science Mission Directorate and the Human Exploration and Operations Mission Directorate coordinate in researching and reducing the risks that space exploration beyond low-Earth orbit pose to astronaut health. Requires NASA to provide a report to Congress detailing the results of previous research in this area and in identifying opportunities for future science missions to contribute to the understanding of these risks. (Sec. 322) Amends the National Aeronautics and Space Administration Authorization Act of 2010 to reaffirm that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalysis for innovation (currently) and discovery. Urges NASA to set science priorities by following the guidance provided by the scientific community through the National Academies' decadal surveys. (Sec. 323) Requires NASA, in carrying out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. the Instructs the Administrator, in conducting such assessments, to consider: (1) the potential continued benefit of instruments on such missions; and (2) the cost and schedule impacts, if any, of mission extension on other NASA activities and science missions. Requires NASA, when deciding to extend science missions with an operational component, to consult with the National Oceanic and Atmospheric Administration (NOAA) and any other affected federal agency (and under current law, the potential benefits of instruments on missions that are beyond their planned mission lifetime taken into account). (Sec. 324) Instructs NASA, in accordance with the priorities established in the most recent decadal survey for planetary science, to ensure the completion of a balanced set of Discovery, New Frontiers, and flagship missions. Authorizes NASA, consistent with this balanced mix of missions and maintaining the continuity of scientific data and steady development of capabilities and technologies, to seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections. Directs NASA, to support its science mission priorities, to invest in a sustained program to develop or mature scientific instrument capabilities, as delineated in the NASA Science Instruments, Observatories, and Sensor Systems Roadmap. (Sec. 325) Requires the OSTP, in coordination with NASA, the NOAA, and other relevant federal agencies, to deliver to Congress a roadmap for developing and deploying space weather forecasting technologies. Requires such roadmap, at a minimum, to: (1) aim to relieve capability gaps identified by the National Space Weather Program Council review of space weather observing systems, as requested by the National Aeronautics and Space Administration Authorization Act of 2010; and (2) consider ongoing and future requirements for space weather modeling, monitoring, and prediction. Instructs NASA to update and further develop its technology roadmaps as required to address mitigating a wide range of space weather effects on both satellites and spacecraft. Directs OSTP to coordinate with relevant federal agencies to propose protocols for communicating and responding to space weather forecasts. Requires such assessment to consider the needs of both government and private sector entities. Requires OSTP to report to Congress on the proposed protocols. (Sec. 326) Expresses the sense of Congress regarding the James Webb Space Telescope. (Sec. 327) Directs the Administrator, in collaboration with the Director of the NSF, to arrange with the National Academy of Sciences for a review of suborbital and small orbital science missions, including CubeSat, University Explorer (UNEX), Small Explorer (SMEX), and Venture class missions. Requires NASA and the NSF to report to Congress on such review. Title IV: Aeronautics - (Sec. 401) Directs NASA to carry out an Advanced Composites Project to accelerate the use of advanced composite materials in aircraft. Requires the Administrator to enter into a public-private partnership between NASA and appropriate private sector entities, to be called the Advanced Composite Consortium, to implement the Project. Specifies that the partnership to implement the project: (1) may include other federal agencies if the Administrator determines that such agencies' participation will further the purpose of the partnership, and (2) shall coordinate with the Joint Advanced Materials and Structures Center of Excellence of the Federal Aviation Administration (FAA). States that the purpose of the Project shall be to accelerate the development and certification of advanced composite materials and structures for use in commercial and military aircraft. Requires such partnership to foster collaboration with the private sector and with other federal agencies in order to accomplish the Project's purpose. Title V: Space Technology - (Sec. 501) Requires NASA, to advance NASA's space exploration and space research goals, to continue a program with responsibility for NASA investments in space technologies and capabilities. Instructs the Administrator to synergize all NASA space technology investments, encourage collaboration in space technology development with academia and industry, and minimize duplication of space technology development efforts across NASA and the private sector unless duplication is required to maintain mission safety, security, or backup capability. Requires NASA to submit to Congress a progress report on the development, testing, and demonstration of the 14 technological areas of the Space Technology Roadmaps. Directs NASA, in order to do necessary research, to continue and, as appropriate, expand the development of technology payloads that investigate improved capabilities and scientific research. Requires NASA to provide flight opportunities for such payloads to microgravity environments and suborbital altitudes as authorized by the National Aeronautics and Space Administration Authorization Act of 2010. Prohibits NASA from being required to compile or submit annual reports on the Innovative Partnerships Program. Title VI: Education - (Sec. 601) Directs NASA to: (1) continue to execute its educational and outreach programs, including providing a wide range of academic research opportunities and engaging the public interest in science, technology, engineering, and mathematics (STEM); (2) continue to collaborate with minority institutions to increase student participation in STEM; and (3) seek partnerships with industry, academia, and with other communities to best respond to the nation's aerospace-related educational and workforce needs. Directs NASA, to enhance the U.S. STEM education and workforce, to continue to operate the National Space Grant College and Fellowship program through a national network consisting of a state-based consortium in each state. Requires such program to provide hands-on research, training, and education programs, use measurable outcomes to gauge success, and allow states flexibility in its execution. Title VII: Other Matters - (Sec. 702) Directs NASA to prepare an updated plan for NASA's near-Earth, space, and deep space communications network and infrastructure. Requires such plan to: (1) identify steps to sustain the existing network and infrastructure; (2) assess the capabilities, including any upgrades, needed to support NASA's programs; (3) identify priorities for how resources should be used to implement the plan; and (4) assess the impact on missions if resources are not secured at the level needed. Requires such plan to be transmitted to Congress. (Sec. 703) Authorizes NASA, as the Administrator considers necessary, to provide for the medical monitoring, diagnosis, and treatment of a crewmember for conditions that NASA considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. Defines "crewmember" as: (1) a former NASA astronaut/payload specialist who has flown on at least one space mission; (2) a management NASA astronaut who has flown at least one space mission and is currently employed by the U.S. government; or (3) an active NASA astronaut/payload specialist assigned, waiting assignment, or training for an assignment to a NASA human space flight. (Sec. 704) Requires NASA to submit to Congress an agency-wide plan to recover and recycle helium, whenever possible, that NASA uses or will use in current, planned, and future, experimentation, tests, launches, and operations. Instructs NASA to consider how modifications, updates, or new lifecycle designs for engines, balloons, airships, or other future programs can be designed or operated to recover and recycle helium. (Sec. 705) Directs NASA to: (1) ensure the Agency Chief Information Officer has the resources and visibility to oversee agency-wide information technology operations and investments, (2) establish a direct line of report between such Officer and the Administrator, (3) establish a minimum monetary threshold for all agency information technology investments over which such Officer shall have final approval, and (4) consider revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions. (Sec. 706) Requires NASA, when there is a reasonable cause to believe that the development cost for a major program is likely to exceed the estimate provided in the Baseline Report of the program by 15% or more or a milestone of the program is likely to be delayed by 6 months or more from the date provided for it in the Report, to transmit to Congress the written notification of such cause (currently) and a timeline by which NASA intends to make the determination, report, and analysis concerning such cost or delay. Requires the determination, report, and analysis to be made in accordance with such timeline instead of in accordance with their respective deadlines under current law. Prohibits NASA from expending funds on a program 18 months after submission of an annual budget request showing that the program's development costs exceed 30% of the estimate provided unless Congress specifically authorizes or appropriates funds for the program. Excludes termination costs. Requires if the development cost of a program will exceed the estimate provided for the program by more than 30%, then beginning 18 months after NASA transmits the report (currently) or an annual budget request that reflects this growth, NASA shall not expend any additional funds on the program, other than termination costs, unless Congress has subsequently authorized continuation of the program by law. (Sec. 707) Requires NASA to submit to Congress a plan for retaining, acquiring, or disposing, of the facilities, laboratories, equipment, test capabilities, and other infrastructure necessary to meet NASA's mandates and its current and future missions. Directs NASA to establish a capital fund at each of NASA's field centers for the modernization of facilities, laboratories, equipment, and other infrastructure in accordance with the plan. Instructs the Administrator to ensure that any financial savings achieved by closing an outdated or surplus facility at a NASA field center is made available to such field center's capital fund to modernize its facilities, laboratories, equipment, and other infrastructure. (Sec. 708) Authorizes the Administrator to: (1) enter into an agreement with a covered entity to provide such entity with support and services related to space transportation infrastructure of NASA; and (2) at such entity's request, to include such support and services in the launch and reentry range support requirements of NASA if certain conditions are met. Authorizes the Administrator to enter into an agreement with a covered entity on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section. Allows any accepted funds, services, or equipment to: (1) be used only for the objectives specified in this section in accordance with the terms of use set forth in the agreement; and (2) requires them to be managed by the Administrator in accordance with NASA regulations. Requires such an agreement to: (1) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; and (2) include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States. Requires NASA to submit to Congress annual reports on the funds, services, and equipment accepted and used by NASA under this section. Defines "covered entity" as a non-federal entity that is organized under U.S. law or of any jurisdiction within the United States and is engaged in commercial space activities. (Sec. 709) Directs NASA to establish a NASA-wide knowledge management system and to implement industry-standard best practices for capturing, archiving, and retrieving heritage and future information. Makes such information accessible to all NASA employees unless otherwise prohibited because of its classified or sensitive nature. Requires NASA to submit to Congress a certain knowledge management system report. Amends the National Aeronautics and Space Administration Authorization Act of 2010 to extend, until September 30, 2016, the prohibition on the implementation of any reduction-in-force or other involuntary separations by NASA of permanent, non-Senior-Executive-Service, civil servant employees. (Sec. 710) Authorizes NASA to withhold from public disclosure any technical data with aeronautical or space application in the possession of, or under the control of, NASA, if the data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979. Prohibits NASA from being required to compile or submit the annual audit on export controls compliance under section 126 of the National Aeronautics and Space Administration Authorization Act of 2000. | 113 S1317 IS: National Aeronautics and Space Administration Authorization Act of 2013 U.S. Senate 2013-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1317 IN THE SENATE OF THE UNITED STATES July 17, 2013 Mr. Nelson Mr. Rockefeller Committee on Commerce, Science, and Transportation A BILL To authorize the programs of the National Aeronautics and Space Administration for fiscal years 2014 through 2016 and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Aeronautics and Space Administration Authorization 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. Findings. Sec. 3. Definitions. TITLE I—Authorization of appropriations Sec. 101. Fiscal year 2014. Sec. 102. Fiscal year 2015. Sec. 103. Fiscal year 2016. TITLE II—Human space flight exploration and operations Subtitle A—Exploration Sec. 201. Missions and destinations. Sec. 202. NASA processing and launch infrastructure. Sec. 203. Naming of the space launch system. Sec. 204. Report; space suit system. Subtitle B—Maximizing ISS utilization Sec. 221. Operation and utilization of the ISS. Sec. 222. Research roles and responsibilities. Sec. 223. ISS national laboratory; property rights in inventions. Sec. 224. Commercial cargo and crew capabilities. Subtitle C—Other matters Sec. 231. Safety and mission assurance in human space flight. Sec. 232. Launch liability provisions. TITLE III—Science Subtitle A—Earth Science Sec. 301. Earth science. Subtitle B—Space Science Sec. 321. Human exploration and science collaboration. Sec. 322. Maintaining a balanced space science portfolio. Sec. 323. Science mission extensions. Sec. 324. Planetary science. Sec. 325. Space weather. Sec. 326. James Webb space telescope. Sec. 327. University class science missions. TITLE IV—Aeronautics Sec. 401. Sense of Congress on NASA aeronautics. TITLE V—Space technology Sec. 501. Space technology. TITLE VI—Education Sec. 601. Education and outreach activities. TITLE VII—Other matters Sec. 701. Sense of Congress on NASA's cross agency support. Sec. 702. Space communications network. Sec. 703. Astronaut occupational healthcare. Sec. 704. Helium capture and recovery. Sec. 705. Information technology governance. Sec. 706. Improvements to baselines and cost controls breach reporting process. Sec. 707. Infrastructure. Sec. 708. Knowledge management. 2. Findings Congress makes the following findings: (1) A robust and balanced space program enhances the United States long-term national and economic security by— (A) stimulating development of advanced technologies with widespread applications; (B) increasing the United States technological competitiveness; (C) enhancing global prosperity and security through cooperation in shared interests, such as advancement of science, understanding of Earth and the universe, and protection from space borne threats, such as asteroids; (D) opening the solar system to the full range of peaceful human activity; and (E) inspiring students to pursue disciplines in science, technology, engineering, and mathematics. (2) The Nation’s space program should include— (A) national security and civil space activities; (B) robotic and human exploration; (C) advancement of scientific knowledge and engagement of the general public; (D) U.S. Government led launch capability development, including the Space Launch System and the Orion multi-purpose crew vehicle, and partnerships with commercial and international entities; (E) advancement of the space frontier and stimulation of commerce; and (F) searching outward to further our understanding of the universe and observing Earth to expand knowledge of our home planet. 3. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (4) ISS The term ISS (5) NASA The term NASA (6) Orion The term Orion 42 U.S.C. 18323 (7) Space Launch System The term Space Launch System 42 U.S.C. 18302 I Authorization of appropriations 101. Fiscal year 2014 There are authorized to be appropriated to NASA for fiscal year 2014, $18,100,000,000, as follows: (1) For Exploration, $4,275,000,000, of which— (A) $1,600,000,000 shall be for Space Launch System; (B) $1,200,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $350,000,000 shall be for Exploration Ground Systems; (D) $325,000,000 shall be for Exploration Research and Development; and (E) $800,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $3,832,000,000, of which— (A) $3,000,000,000 shall be for the ISS program; and (B) $832,000,000 for Space and Flight Support. (3) For Science, $5,154,000,000, of which— (A) $1,800,000,000 shall be for Earth Sciences; (B) $1,400,000,000 shall be for Planetary Science; (C) $642,000,000 shall be for Astrophysics; (D) $658,000,000 shall be for the James Webb Space Telescope; and (E) $654,000,000 shall be for Heliophysics. (4) For Aeronautics, $570,000,000. (5) For Space Technology, $635,000,000. (6) For Education, $136,000,000. (7) For Cross-Agency Support Programs, $2,850,000,000. (8) For Construction and Environmental Compliance and Restoration, $610,000,000. (9) For Inspector General, $38,000,000. 102. Fiscal year 2015 There are authorized to be appropriated to NASA for fiscal year 2015, $18,462,000,000, as follows (1) For Exploration, $4,522,000,000, of which— (A) $1,725,000,000 shall be for Space Launch System; (B) $1,225,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $425,000,000 shall be for Exploration Ground Systems; (D) $332,000,000 shall be for Exploration Research and Development; and (E) $815,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $3,948,000,000, of which— (A) $3,103,000,000 shall be for the ISS program; and (B) $845,000,000 for Space and Flight Support. (3) For Science, $5,234,400,000, of which— (A) $1,836,000,000 shall be for Earth Sciences; (B) $1,450,000,000 shall be for Planetary Science; (C) $670,000,000 shall be for Astrophysics; (D) $645,400,000 shall be for the James Webb Space Telescope; and (E) $633,000,000 shall be for Heliophysics. (4) For Aeronautics, $581,000,000. (5) For Space Technology, $650,000,000. (6) For Education, $139,800,000. (7) For Cross-Agency Support Programs, $2,907,000,000. (8) For Construction and Environmental Compliance and Restoration, $441,000,000. (9) For Inspector General, $38,800,000. 103. Fiscal year 2016 There are authorized to be appropriated to NASA for fiscal year 2016, $18,831,000,000, as follows: (1) For Exploration, $4,660,000,000, of which— (A) $1,800,000,000 shall be for Space Launch System; (B) $1,250,000,000 shall be for the Orion multi-purpose crew vehicle; (C) $435,000,000 shall be for Exploration Ground Systems; (D) $350,000,000 shall be for Exploration Research and Development; and (E) $825,000,000 shall be for Commercial Space Flight. (2) For Space Operations, $4,010,000,000, of which— (A) $3,196,000,000 shall be for the ISS program; and (B) $814,000,000 for Space and Flight Support. (3) For Science, $5,315,800,000, of which— (A) $1,872,000,000 shall be for Earth Sciences; (B) $1,500,000,000 shall be for Planetary Science; (C) $686,800,000 shall be for Astrophysics; (D) $620,000,000 shall be for the James Webb Space Telescope; and (E) $637,000,000 shall be for Heliophysics. (4) For Aeronautics, $593,000,000. (5) For Space Technology, $665,000,000. (6) For Education, $142,000,000. (7) For Cross-Agency Support Programs, $2,965,000,000. (8) For Construction and Environmental Compliance and Restoration, $441,000,000. (9) For Inspector General, $39,200,000. II Human space flight exploration and operations A Exploration 201. Missions and destinations (a) In general Congress reaffirms that the long-term goal of the human space flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners, as stated in section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)). (b) Human exploration of Mars Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(b) (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting ; and (3) by adding at the end the following: (5) to achieve human exploration of Mars, including the establishment of a capability for human habitation on the surface of Mars. . (c) Development of exploration strategy (1) In general Not later than 270 days after the date of enactment of this Act, and biennially thereafter, the Administrator shall submit to the appropriate committees of Congress a strategy to achieve the objective under section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010, as amended ( 42 U.S.C. 18312(b)(5) (2) Strategy requirements In developing the strategy under paragraph (1), the Administrator shall include— (A) the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration and development; (B) the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; (C) the opportunities for collaboration with— (i) international partners; (ii) private industry; and (iii) other Federal agencies, including missions relevant to national security or scientific needs; (D) the opportunities specifically afforded by the ISS to support high priority scientific and technological developments useful in expanding and sustaining a human presence in cis-lunar space and beyond; (E) a range of exploration mission architectures and approaches for the missions identified under paragraph (1); and (F) standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of the missions identified under paragraph (1). (3) Comparison of mission architectures and approaches (A) In general The strategy shall include a comparison of mission architectures and approaches identified under paragraph (2)(E) with a primary objective of identifying the architectures and approaches that— (i) best support the long-term goal under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(a) (ii) are enabled by the Space Launch System, Orion, and other transportation capabilities and technologies provided under titles III, IV, V, and IX of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.) and by other capabilities that may be available commercially or internationally. (B) Factors The comparison of mission architectures and approaches under subparagraph (A) shall include options that assess cost, schedule, safety, sustainability, opportunities for international collaboration, the enabling of new markets and opportunities for U.S. private industry, compelling scientific opportunities or national security considerations and requirements, the flexibility of the architecture to adjust to evolving technologies, leadership, and priorities, and contributions made to U.S. technological excellence, competitiveness, and leadership. (C) National security collaboration In identifying opportunities for collaboration under paragraph (2)(C)(iii), the Administrator, in collaboration with the Secretary of Defense and Director of National Intelligence, shall include a discussion of the work, cost, and schedule required to enable and utilize a cargo variant of the Space Launch System, including the 70-, 105-, and 130-metric ton configurations, with both a 5-meter or 8-meter faring. (4) Additional requirements The strategy shall include— (A) technical information as needed to identify interest from the scientific and national security communities; and (B) an assessment of the Space Launch System to enable and sustain near-Earth object surveillance of potentially Earth-threatening objects for the purpose of planetary protection. 202. NASA processing and launch infrastructure (a) Policy It is the policy of the United States that the Exploration Ground Systems to process and launch the Space Launch System, Orion, and related exploration elements, and the 21st Century Space Launch Complex to enable and facilitate civil, defense, and private launches are complementary efforts to modernize infrastructure, reduce costs, and maintain capabilities for current and future missions. (b) Development of the processing and launch support infrastructure In executing the programs described under subsection (a), the Administrator, to the extent practicable— (1) may not exclude the ability of Exploration Ground Systems to support efforts under section 305(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18325(b) (2) shall allow for cost-sharing opportunities by providing multi-use systems and capabilities to current and future users of the 21st Century Space Launch Complex through modernization, refurbishment, or development of infrastructure; and (3) shall pursue, in collaboration with local, State, or Federal agencies, or private industry, capabilities and investments that support multiple entities to advance NASA's current and future missions and benefit NASA by creating new partnerships. 203. Naming of the space launch system (a) Findings Congress finds that education and outreach to encourage the next generation of scientists and engineers to become involved in science and space exploration is one of the Administration's most important missions. (b) Report Not later than 30 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a plan to engage the public, including science students in elementary and secondary education programs, throughout the United States in naming the Space Launch System. 204. Report; space suit system Not later than 90 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a report updating Congress on the Constellation Space Suit System. The report shall include justification as to whether another competition to award contracts for the design, development, certification, production, and sustaining engineering of this space suit system is required to meet the needs of NASA's human exploration program. B Maximizing ISS utilization 221. Operation and utilization of the ISS (a) Sense of Congress It is the sense of Congress that— (1) maximum utilization of partnerships, scientific research, commercial applications, and exploration test bed capabilities of the ISS is essential to ensuring the greatest return on investments made by the United States and its international partners in the development, assembly, and operations of that unique facility; and (2) every effort should be made to ensure that decisions regarding the service life of the ISS are made on the basis of its projected capability to continue providing effective and productive research and exploration test bed capabilities. (b) Continuation of the international space station Congress reaffirms the policy stated in section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(a) (c) NASA actions In furtherance of the policy under subsection (b), the Administrator shall ensure, to the extent practicable, that the ISS, as a designated national laboratory— (1) remains viable as an element of overall exploration and partnership strategies and approaches; and (2) remains an effective, functional vehicle providing research and test bed capabilities for the United States through 2020, up to 2028, and possibly beyond. (d) Report The Administrator, in consultation with the Office of Science and Technology Policy, shall determine, through analyses and discussions with ISS partners, the feasible and preferred service life of the ISS as a unique scientific, commercial, and exploration-related facility. Not later than 120 days after the date of enactment of this Act, and triennially thereafter, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes— (1) an assessment of whether ISS operations can be extended to at least 2028, including— (A) a description of any activities that would be required of the international partnership to ensure that safety requirements are met; (B) a general discussion of international partner capabilities and interest in extension, to include the potential for participation by additional countries; (C) a review of essential systems or equipment upgrades that would be necessary for ISS extension and utilization to at least 2028; (D) an evaluation of the cost and schedule requirements associated with the development and delivery of essential systems or equipment upgrades identified under subparagraph (C); and (E) an identification of possible partner contributions and program transitions to provide the upgrades identified under subparagraph (C); (2) an evaluation of the potential for expanding the use of ISS facilities to accommodate the needs of researchers and other users, including changes to policies, regulations, and laws that would stimulate greater private and public involvement on the ISS; and (3) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government or public, or to academic or commercial entities that, within the United States-owned modules of the ISS or in partner-owned facilities of the ISS allocated for United States utilization by international agreement, are or may become engaged in research and testing activities sponsored, conducted, and managed by the Administration or by the ISS management entity. (e) Definition of ISS management entity In this section, the term ISS management entity 222. Research roles and responsibilities (a) Sense of Congress It is the sense of Congress that— (1) expansion of the non-NASA utilization of the ISS is critical to maximizing the research potential of the ISS national laboratory and to facilitating expanded commercial activity in low-Earth orbit; and (2) in order to expand the non-NASA scientific utilization of ISS research capabilities and facilities, it is essential to clarify the roles and responsibilities of the entities managing research within the U.S. Segment of the ISS. (b) Management of the ISS national laboratory Section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354) is amended— (1) in subsection (b), by adding at the end the following: (3) Conflicts of interest The Administrator shall ensure that the liaison function under this subsection is implemented in a manner that precludes any conflict of interest between the objectives and activities of the entities identified under subsection (e). ; (2) in subsection (d)(2)— (A) by inserting (A) In general If any NASA research plan (B) by inserting and subject to subparagraph (B) Until September 30, 2020 (C) by adding at the end the following: (B) Mutual agreement An exception under subparagraph (A) may only be granted if there is mutual agreement between the entities identified under subsection (e). ; and (3) by adding at the end the following: (e) Clarification of roles The organization with which the Administrator enters into a cooperative agreement under subsection (a) for management of the ISS national laboratory shall be considered a separate and equal partner of any NASA organizational entity responsible for management of the NASA research plan onboard the ISS. . (c) Report (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the following: (A) Options for expanding the Administration’s collaboration with its ISS partners, including— (i) providing U.S. personnel expanded access to international partner research facilities; and (ii) coordinating research efforts to minimize the duplication of effort, unless duplication is a justified element of the scientific process or essential for backup or redundant capability. (B) The potential for increasing ISS crew size to maximize utilization and applications. (C) Efforts undertaken by the Administration and the ISS management entity— (i) to enhance collaborative research between the Administration and other Federal science agencies, such as the National Institutes of Health and the National Science Foundation; and (ii) to expand the use of the ISS national laboratory capabilities by Federal science agencies. (2) Definition of ISS management entity In this subsection, the term ISS management entity 223. ISS national laboratory; property rights in inventions Section 20135 (1) in subsection (g), by striking Each such waiver Except as provided under subsection (l), each such waiver (2) by adding at the end the following: (l) Waiver of rights to inventions; commercial microgravity research (1) In general With respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any non-NASA scientific utilization of the ISS national laboratory, the Administrator may waive the license reserved by the Administrator under subsection (g), in whole or in part and according to negotiated terms and conditions, including the terms and conditions under paragraphs (1), (2), (3), and (5) of section 202(c) (2) Construction Nothing in this subsection shall be construed to affect the rights of the Federal Government under any other procurement contract, grant, understanding, arrangement, agreement, or transaction. . 224. Commercial cargo and crew capabilities (a) Findings Congress finds that— (1) NASA’s Commercial Orbital Transportation Services, Cargo Resupply Services, and Commercial Crew Program demonstrate the potential for procuring routine, commercially provided access to the ISS and to low-Earth orbit using innovative and cost-effective development and procurement strategies; (2) Federal investments in the U.S. private space industry have the ability to provide for lower cost access to space for researchers and for commercial ventures; (3) commercially provided space transportation is critical to maximizing utilization of the ISS; (4) encouraging competition among launch service providers and maintaining multiple space transportation options helps to reduce long-term costs to the Federal Government and to induce continual improvement in available private-sector services; and (5) consistent with section 201(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(b)), maintaining multiple launch service providers helps ensure uninterrupted access to the space environment should a particular provider’s services become unavailable. (b) Sense of Congress It is the sense of Congress that the Administration— (1) should continue to support the development of safe, reliable, and cost effective commercial launch capabilities for the primary purpose of securing domestic access to the ISS as quickly and safely as possible; and (2) should encourage a viable commercial market for the capabilities under paragraph (1). (c) United States policy It is the policy of the United States that, to foster the competitive development, operation, and improvement of private space transportation services, services for Federal Government access to and return from the ISS, whenever feasible, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)). (d) Selection of commercial providers In evaluating commercial space transportation service providers, the Administrator— (1) shall aim to minimize the life-cycle costs of obtaining transportation services; (2) shall assure compliance with all safety and mission assurance requirements; (3) shall consider contractor financial investment into the development of transportation capabilities; and (4) for commercial crew transport services— (A) shall consider flexibility in design, including sample return capabilities; and (B) shall provide a written notification and justification to the appropriate committees of Congress if the price per seat exceeds the cost negotiated by NASA for crew transport in April 2013. (5) Strategy for procuring commercial services In implementing the policy under subsection (c), the Administrator shall submit to the appropriate committees of Congress, not later than 120 days after the date of enactment of this Act, a strategy for transitioning from Space Act Agreements to Federal Acquisition Regulation-based contracts for the procurement of crew transportation services to and from the ISS. The strategy shall include— (A) a comparison of potential procurement strategies based on— (i) maximizing safety and mission assurance; (ii) the total projected costs to the Federal Government through 2020, given multiple projections of Government demand for launch services; (iii) the feasibility of the procurement strategy and timeline, given projected funding availabilities; (iv) the potential for supporting the research and exploration test bed needs of the Federal Government and of the independent entity responsible for ISS national laboratory activities for the purposes described under section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) (v) the projected impacts on developing a viable market for commercial launch services; (B) an evaluation of the costs and benefits of ensuring the availability of at least 2 U.S.-based launch service providers, considering— (i) the potential need for diversified cargo and sample return capabilities, including a soft-landing capability as described under section 404 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2822); and (ii) the ability of multiple cargo or crew launch service providers to meet private or non-NASA Government mission requirements and the subsequent benefit to the United States of such ability; (C) justification for the procurement strategy selected from among those considered; and (D) for the selected procurement strategy, identification of additional or modified authorities, regulations, or guidelines that are necessary for successful implementation. C Other matters 231. Safety and mission assurance in human space flight (a) Findings Congress makes the following findings: (1) In the early part of the space race, the United States took over 3 years from the launch of the first American satellite, Explorer I, to the launch of the first American to space, Alan B. Shepard, Jr. (2) It was known then, as it is now, that the exploration of space by humans is an inherently dangerous endeavor. (3) Access to space requires complex propulsion systems, such as the now retired Space Shuttle, which generated over 7,000,000 pounds of thrust. (4) Adding humans to the complex systems required to reach space requires additional safeguards, life support systems, and other measures to protect from the harsh environment of space in order to minimize risk to human life. (b) Sense of Congress It is the sense of Congress that— (1) meticulousness and attention to detail helps ensure that all humans are safe and protected to the best of the abilities of all those involved in helping achieve the reaches of space; (2) those who strive to send humans into space should make every effort to ensure the success of missions and programs through independent safety and mission assurance analyses; (3) diligent oversight efforts ensure adherence to safety, reliability, and quality assurance policies and procedures for missions and programs; and (4) lessons learned from mishaps and near misses should be implemented into designs, decisions, policy, and procedures to reduce the risk of future incidents that could jeopardize crew safety or mission success. 232. Launch liability provisions (a) Liability extension Section 50915(f) December 31, 2013 December 31, 2016 (b) Protection for launch activities Subchapter III of chapter 201 20148. Indemnification; NASA launch services (a) In general Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, cost, and terms of liability insurance, any contract between the Administration and a provider may provide that the United States will indemnify a provider against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss of or damage to property resulting from activities that the contract defines as unusually hazardous or nuclear in nature, but— (1) only to the extent that such claims are not compensated by liability insurance of the provider; and (2) only to the extent that such claims arise out of the direct performance of the contract. (b) Limitation Indemnification under subsection (a) may be limited to claims resulting from other than the actual negligence or willful misconduct of the provider. (c) Terms of indemnification A contract made under subsection (a) that provides indemnification shall also provide for— (1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. (d) Liability insurance of the provider Each provider that is a party to a contract made under subsection (a) shall have and maintain liability insurance in such amounts as the Administrator shall require to cover liability to third parties and loss of or damage to property. (e) No indemnification without cross-Waiver Notwithstanding subsection (a), the Administrator may not indemnify a provider under this section unless there is a cross-waiver between the Administration and the provider as described in subsection (f). (f) Cross-Waivers The Administrator, on behalf of the United States, and its departments, agencies, and instrumentalities, may reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities connected to the contract. (g) Certification of just and reasonable amount No payment may be made under subsection (a) unless the Administrator or the Administrator's designee certifies that the amount is just and reasonable. (h) Payments Upon the approval by the Administrator, payments under subsection (a) may be made, at the Administrator's election, either from— (1) funds obligated for the performance of the agreement concerned; (2) funds available for research and development not otherwise obligated; or (3) funds appropriated for such payments. (i) Relationship to other laws The Administrator may not provide indemnification under this section for an activity that requires a license or permit under chapter 509. (j) Construction The authority to indemnify under this section shall not create any rights in third persons that would not otherwise exist by law. (k) Definitions In this section: (1) Launch services The term launch services (2) Provider The term provider . (c) Conforming amendment The table of contents for subchapter III of chapter 201 20148. Indemnification; NASA launch services. . III Science A Earth Science 301. Earth science (a) Findings Congress finds that— (1) continuous, long-term Earth observation data supports the preparation for and management of natural and human-induced disasters, benefits resource management and agricultural forecasting, improves our understanding of climate, and encourages environmental and economic sustainability; (2) due to the scope of activities required, Earth science research and Earth observation are multi-agency endeavors requiring significant cooperation and information sharing among government, international, and scientific community partners; (3) in developing Earth observation technologies, conducting Earth science satellite missions, and providing research products to the scientific community, NASA plays a crucial role in advancing Earth science; and (4) the loss of observational capabilities in Earth science, as predicted by the National Research Council’s midterm update to its Earth Science Decadal Survey, risks reversing gains in weather forecast accuracy, reducing disaster response capabilities, and creating an irreversible gap in Earth science data. (b) Sense of Congress It is the sense of Congress that— (1) given the importance of Earth science and Earth observation data, NASA Earth science efforts— (A) should be conducted in coordination with other Federal agencies; and (B) should be cognizant of international efforts and the needs of the scientific and businesses communities; and (2) whenever feasible, NASA and other Federal agencies should consider the potential for reducing costs by purchasing commercially available Earth science data and services. (c) Mission prioritization (1) National strategy for Earth observation The Office of Science and Technology Policy, in implementing its National Strategy for Earth Observation and in developing a National Plan for Civil Earth Observations, shall prioritize Federal Earth science and observation investments based on— (A) its assessment of Earth science and observation data requirements; (B) the capability requirements as identified by the National Academies decadal surveys; (C) the projected costs of Earth science missions and data gathering activities; and (D) the projected and available budgets. (2) National plan for civil Earth observations The Administration, in prioritizing future Earth science and Earth observation missions and technology development under the National Plan for Civil Earth Observations and chapter 201 of title 51, United States Code, shall consider potential cost-reduction opportunities, including— (A) if feasible, co-locating Earth science sensors on other satellites; and (B) purchasing commercially available Earth science data and services, including launch access to orbital and sub-orbital space. B Space Science 321. Human exploration and science collaboration The Administrator shall ensure that the Science Mission Directorate and the Human Exploration and Operations Mission Directorate coordinate in researching and reducing the risks that space exploration beyond low-Earth orbit pose to astronaut health. Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a report detailing the results of previous research in this area and identifying opportunities for future science missions to contribute to the understanding of these risks. 322. Maintaining a balanced space science portfolio (a) In general Section 803 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2832) is amended to read as follows: 803. Overall science portfolio; sense of Congress Congress reaffirms its sense that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalysis for innovation and discovery. The Administrator should set science priorities by following the guidance provided by the scientific community through the National Academies’ decadal surveys. . (b) Conforming amendment The item relating to section 803 in the table of contents in section 1(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2806) is amended by striking Overall science portfolio-sense of the Congress Overall science portfolio; sense of Congress 323. Science mission extensions Section 30504 of title 51, United States Code is amended to read as follows: 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. In conducting these assessments, the Administrator shall consider— (1) the potential continued benefit of instruments on missions that are beyond their planned mission lifetime; and (2) the cost and schedule impacts, if any, of mission extension on other NASA activities and science missions. (b) Consultation requirement When deciding whether to extend science missions with an operational component, the Administrator shall consult with the National Oceanic and Atmospheric Administration and any other affected Federal agency. . 324. Planetary science (a) Findings Congress finds that— (1) Administration support for planetary science is critical to enabling greater understanding of the solar system and its origin; (2) the United States leads the world in planetary science and can augment its success with appropriate international partnerships; (3) a mix of small-, medium-, and large-planetary science missions is required to sustain a steady cadence of planetary exploration; and (4) robotic planetary exploration is a key component of preparing for future human exploration. (b) Mission priorities In accordance with the priorities established in the most recent decadal survey for planetary science, the Administrator shall ensure, to the greatest extent practicable, the completion of a balanced set of Discovery, New Frontiers, and flagship missions. The Administrator may seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections. (c) Instrumentation To support its science mission priorities, the Administration shall invest in a sustained program to develop or mature scientific instrument capabilities, as delineated in the NASA Science Instruments, Observatories, and Sensor Systems Roadmap. 325. Space weather (a) OSTP roadmap In coordination with NASA, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies, the Director of the Office of Science and Technology Policy, not later than 24 months after the date of enactment of this Act, shall deliver to the appropriate committees of Congress a roadmap for developing and deploying space weather forecasting technologies. The roadmap shall, at a minimum— (1) aim to relieve capability gaps identified by the National Space Weather Program Council review of space weather observing systems, as requested by the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18301 et seq. (2) consider ongoing and future requirements for space weather modeling, monitoring, and prediction. (b) NASA technology roadmaps The Administration shall update and further develop its technology roadmaps as required to address mitigating a wide range of space weather effects on both satellites and spacecraft. (c) Alert protocol The Director of the Office of Science and Technology Policy shall coordinate relevant Federal agencies to propose protocols for communicating and responding to space weather forecasts. Protocol assessment shall consider the needs of both government and private sector entities. The Director of the Office of Science and Technology Policy shall deliver a report on proposed protocols to Congress not later than 24 months after the date of enactment of this Act. 326. James Webb space telescope It is the sense of Congress that— (1) the James Webb Space Telescope will significantly advance our understanding of star and planet formation, improve our knowledge of the early universe, and support U.S. leadership in astrophysics; (2) significant progress has been made with regard to overcoming the James Webb Space Telescope’s technical challenges and in improving NASA management oversight; (3) the on-time and on-budget completion of the James Webb Space Telescope should remain a top NASA priority; and (4) consistent with annual Government Accountability Office reviews of the James Webb Space Telescope program, the Administrator should continue to improve the James Webb Space Telescope's cost and schedule estimates and oversight procedures in order to enhance NASA’s ability to successfully deliver the James Webb Space Telescope on time and on budget. 327. University class science missions (a) Sense of Congress It is the sense of Congress that principal investigator-led small orbital science missions, including CubeSat, University Explorer (UNEX), Small Explorer (SMEX), and Venture class missions, offer valuable, lower-cost opportunities to advance science, train the next generation of scientists and engineers, and provide opportunities for program participants to acquire skills in systems engineering and systems integration that are critical to maintaining the Nation’s leadership in space. (b) Review of principal investigator led small orbital science missions (1) In general Not later than 120 days after the date of enactment of this Act, the Administrator shall enter into an arrangement with the National Academy of Sciences to conduct a review of the small orbital science missions described under subsection (a). (2) Requirements The review under paragraph (1) shall include the following: (A) The status, capability, and availability of existing small orbital science mission programs in which the missions are led by principal investigators and enable significant participation by university scientists and students. (B) The opportunities that the small orbital science missions described under subsection (a) provide for scientific research, training, and education, including scientific and engineering workforce development. (C) The use of commercial applications, such as hosted payloads, free flyers, and data buys, as vehicles to further the goals of small orbital science missions, while preserving the principle of independent peer review as the basis for mission selection. (c) Report (1) In general Not later than 15 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the review required by this section. (2) Contents The report shall include— (A) a summary of the review under subsection (b); (B) the findings of the Administrator with respect to that review; and (C) recommendations regarding principal investigator led small orbital science missions conducted by the Administration. IV Aeronautics 401. Sense of Congress on NASA aeronautics (a) Findings Congress finds that— (1) aviation is vital to the United States economy, with the industry supporting nearly 1,000,000 jobs, conducting nearly 10,000,000 commercial flights per year within the United States alone, and contributing to the aerospace industry’s positive trade balance in 2012; (2) in helping test and mature new technologies for quiet and efficient air transportation, NASA’s Aeronautics Research Mission Directorate addresses major aviation trends, such as the rapid growth in passengers, increasing fuel costs, and the demand for faster vehicles; (3) the Directorate works closely with industry and academia to address long-term challenges to the air transportation system that require improving aviation safety, increasing the capacity of the increasingly crowded national airspace system, and reducing environmental impacts; (4) through its Aeronautics Test Program, the Directorate manages the flight operations and test infrastructure at 4 NASA centers, providing both NASA and its industry partners with access to critical facilities; (5) NASA’s contribution to aeronautics is evidenced in the use of its technologies in almost every modern aircraft; and (6) the Directorate has identified otherwise unknown safety issues and helped optimize aircraft routes, yielding millions of dollars in potential savings to airlines and benefitting passengers. (b) Sense of Congress It is the sense of Congress that— (1) the Aeronautics Research Mission Directorate builds on the successful legacy of NASA’s predecessor, the National Advisory Committee for Aeronautics, which worked closely with industry partners to advance both military and civil aviation until its dissolution in 1958; (2) NASA aeronautics research, development, and test activities, including investments into composite structures, new fuels, and innovative aircraft concepts, must continue in order to support U.S. leadership in aviation; (3) the Directorate’s efforts to collaborate with the aviation industry to gather and analyze data and to prototype and test algorithms that optimize flight routes, manage air traffic, and account for weather impacts are critical to supporting the safe use of the national airspace; and (4) continued cooperation between NASA’s Aeronautics Research Mission Directorate and the Federal Aviation Administration is vital to providing the data and tools necessary to best regulate the national airspace and to ensure that new technologies are effectively tested and acquire timely regulatory approval. V Space technology 501. Space technology (a) Sense of Congress It is the sense of the Congress that— (1) previous investments in space technologies have not only enabled space exploration and research missions, but also have improved the quality of life on Earth; (2) by improving affordability, reliability, and operational capability, continued space technology developments will enable NASA missions that otherwise would be unachievable; (3) investments in space technology engage the talent of the Administration and of the Nation’s academic and business enterprises; and (4) space technology roadmaps serve as a useful framework for NASA, academic, and industry development efforts. (b) Space technology directive To advance NASA’s space exploration and space research goals, the Administrator shall continue a program with responsibility for NASA investments in space technologies and capabilities. To the greatest extent possible, the Administrator shall synergize all NASA space technology investments, encourage collaboration in space technology development with academia and industry, and minimize duplication of space technology development efforts across the Administration and the private sector unless duplication is required to maintain mission safety, security, or backup capability. (c) Space technology roadmap report In carrying out the policy under subsection (b), the Administrator shall submit to the appropriate committees of Congress, not later than 24 months after the date of enactment of this Act, a progress report on the development, testing, and demonstration of the 14 technological areas of the Space Technology Roadmaps. VI Education 601. Education and outreach activities (a) Sense of Congress It is the sense of Congress that— (1) the Administration is uniquely recognized in the educational and global communities for its aerospace knowledge, passionate workforce, and unique capabilities and facilities; (2) U.S. competitiveness in aerospace requires engaging the science, technology, engineering, and mathematics (STEM) talent in all States and jurisdictions; (3) the Administration’s education and outreach programs, including the Experimental Program to Stimulate Competitive Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration’s successful commitment to growing and diversifying the national science and engineering workforce; (4) the Administration’s outreach efforts to underrepresented and underserved communities, by helping minorities to pursue higher education in STEM fields and to attain STEM careers, benefit the overall national workforce; and (5) the Administration’s efforts to improve the management and execution of its education portfolio and to evaluate program success using evidence-based approaches should continue. (b) In general The Administration shall— (1) continue to execute its educational and outreach programs, including providing a wide range of academic research opportunities and engaging the public interest in science, technology, engineering and mathematics; (2) continue to collaborate with minority institutions to increase student participation in science, technology, engineering, and mathematics; and (3) seek partnerships with industry, academia, and with other communities to best respond to the Nation’s aerospace-related educational and workforce needs. (c) Space grant To enhance the United States STEM education and workforce, the Administrator shall continue to operate the National Space Grant College and Fellowship program through a national network of regional consortia. The program shall provide hands-on research, training, and education programs, use measurable outcomes to gauge success, and allow States flexibility in its execution. VII Other matters 701. Sense of Congress on NASA's cross agency support (a) Findings Congress makes the following findings: (1) Cross Agency Support operates and maintains the Administration’s centers and facilities, including headquarters, enabling the accomplishment of the Administration’s missions while protecting human health and the environment. (2) Cross Agency Support provides for the unique facilities, skilled personnel, and administrative support that NASA programs, research, and development activities require at the centers. (3) Cross Agency Support provides the Administration with the capability to improve mission success by supplying safety and mission assurance, engineering technical authority, and health and medical oversight across all of NASA's programs, research, and operations. (4) The Orbital Debris Program Office is located in Cross Agency Support and leads the Administration’s effort in addressing the orbital debris issue, which is an issue resulting from over 50 years of spaceflight. (5) Cross Agency Support delivers the information technology services used throughout the Administration that allow its workforce to work and communicate efficiently and effectively, not only internal to the Administration, but with the citizens of the world which provides them the opportunity to be included and participate in the Administration’s accomplishments. (6) The Administration’s public affairs, located in Cross Agency Support, provided worldwide live coverage of the Curiosity Rover’s landing on Mars, the largest rover ever sent to Mars, in August of 2012. (7) The authority and execution of the Administration’s offices responsible for finance, budget, acquisition, external relations, legislative affairs, training, security, and human capital management are performed under Cross Agency Support. (b) Sense of Congress It is the sense of Congress that— (1) Cross Agency Support represents a variety of functions vital to the strength and success of the Administration and is essential to the Administration’s vision; (2) the centers and facilities in the Administration are a vital part of the many advances in science and technology the Administration has provided and continues to provide to this Nation and the world since the Administration was created in 1958; (3) at the Administration’s core is safety and mission success that, through Cross Agency Support, is carried out by the highly talented and dedicated workforce at the Administration’s centers and facilities; (4) as the Administration looks to continue international, interagency, and industry cooperation and partnerships, Cross Agency Support will continue to provide the overseeing and execution of these efforts; and (5) Cross Agency Support be given the necessary resources to keep the Administration capable of meeting the goals set forth by Congress and continue to be a global leader in space and aeronautics. 702. Space communications network (a) Plan The Administrator shall prepare an updated plan for NASA’s near-Earth, space, and deep space communications network and infrastructure. The plan shall— (1) identify steps to sustain the existing network and infrastructure; (2) assess the capabilities, including any upgrades, needed to support NASA’s programs; (3) identify priorities for how resources should be used to implement the plan; and (4) assess the impact on missions if resources are not secured at the level needed. (b) Transmittal Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit the plan to the appropriate committees of Congress. 703. Astronaut occupational healthcare (a) In general Chapter 313 of title 51, United States Code, is amended by adding at the end the following: 31303. Astronaut occupational healthcare (a) In general Notwithstanding any other provision of law, the Administrator, as the Administrator considers necessary, may provide for the medical monitoring, diagnosis, and treatment of a crewmember for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. (b) Records Consistent with applicable Federal privacy laws, the Administration shall retain access to all medical records and other health data from the provision of healthcare under subsection (a). (c) Definition of crewmember In this section, the term crewmember (1) a former NASA astronaut/payload specialist who has flown on at least 1 space mission; (2) a management NASA astronaut who has flown at least 1 space mission and is currently employed by the U.S. Government; or (3) an active NASA astronaut/payload specialist assigned, waiting assignment, or training for an assignment to a NASA human space flight. . (b) Conforming amendment The table of contents for chapter 313 31303. Astronaut occupational healthcare. . 704. Helium capture and recovery (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress an agency-wide plan to recover and recycle helium, whenever possible, that the Administration uses or will use in current, planned, and future experimentation, tests, launches, and operations. (b) Considerations In developing the plan under subsection (a), the Administrator shall consider how modifications, updates, or new lifecycle designs for engines, balloons, airships, or other future programs can be designed or operated to recover and recycle helium. 705. Information technology governance (a) Sense of Congress It is the sense of Congress that effective information technology governance is critical to ensuring information security, decreased costs, and overall mission assurance. The June 5, 2013, NASA Office of Inspector General audit, NASA’s Information Technology Governance, (b) Information technology governance The Administrator shall, in consultation with Mission Directorate and NASA Center Chief Information Officers— (1) ensure the Agency Chief Information Officer has the appropriate resources and visibility to oversee agency-wide information technology operations and investments; (2) establish a direct line of report between the Agency Chief Information Officer and the Administrator; (3) establish a minimum monetary threshold for all agency information technology investments over which the Agency Chief Information Officer shall have final approval; and (4) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions. 706. Improvements to baselines and cost controls breach reporting process Section 30104 (1) in subsection (d)(3)— (A) by striking the notification (B) by inserting the notification and a timeline by which the Administrator intends to make the determination, report, and analysis under subsection (e) (2) in subsection (e)(1), by striking Not later than 30 days after receiving a written notification under subsection (d)(2) In accordance with the timeline under subsection (d)(3) (3) in subsection (e)(1)(A), by striking not later than 15 days after making the determination in accordance with the timeline under subsection (d)(3) (4) in subsection (e)(2), by striking not later than 6 months after the Administrator makes a determination under this subsection in accordance with the timeline under subsection (d)(3) (5) in subsection (f), by inserting or an annual budget request that reflects this growth a report under subsection (e)(1)(A) 707. Infrastructure (a) Sense of Congress It is the sense of Congress that— (1) the Administration has a role in providing access to unique or specialized laboratory capabilities that are not economically viable for purchase by commercial entities and therefore are not available outside of NASA; (2) the deteriorating condition of the Administration's facilities and other infrastructure is hampering the research effectiveness and efficiency performed at those facilities by both the Administration and industry participants; (3) the Administration must improve the condition of its facilities and infrastructure to maintain the competitiveness of the U.S. aerospace industry; (4) to ensure continued researcher access to reliable and efficient world-class facilities, the Administration should seek to establish strategic partnerships with other Federal agencies, academic institutions, and industry, as appropriate; and (5) decisions regarding whether to dispose of, maintain, or modernize existing facilities and other infrastructure must be made in the context of meeting the future laboratory needs of the Administration and other Federal agencies. (b) Plan Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a plan for retaining or acquiring the facilities, laboratories, equipment, test capabilities, and other infrastructure necessary to meet the Administration's mandates and its current and future missions. The plan shall— (1) identify the Administration's future infrastructure needs, including facilities, laboratories, equipment, and test capabilities; (2) include a strategy for identifying and removing unnecessary or duplicative infrastructure consistent with the national strategic direction under the National Space Policy, the National Aeronautics Research, Development, Test and Evaluation Infrastructure Plan, the National Aeronautics and Space Administration Authorization Act of 2010, title 51 of the United States Code, and other Administration-related law; (3) include a strategy for the maintenance, repair, upgrading, and modernization of the Administration’s facilities, laboratories, equipment, and other infrastructure; (4) recommend criteria for prioritizing deferred maintenance tasks and for upgrading or modernizing facilities, laboratories, equipment, and other infrastructure; (5) include an assessment of modifications needed to maximize the use of facilities, laboratories, equipment, and other infrastructure that offer unique and highly specialized benefits to the aerospace industry and the public; and (6) include recommendations for implementation, including a timeline, milestones, and an estimate of the resources required for carrying out the plan. (c) Establishment of capital funds The Administrator shall establish a capital fund at each of NASA’s field centers for the modernization of facilities, laboratories, equipment, and other infrastructure in accordance with the plan under subsection (b). The Administrator shall ensure, to the greatest extent practicable, that any financial savings achieved by closing an outdated or surplus facility at a NASA field center is made available to that field center’s capital fund for the purpose of modernizing that field center’s facilities, laboratories, equipment, and other infrastructure in accordance with the plan under subsection (b). 708. Knowledge management (a) Sense of Congress It is the sense of the Congress that— (1) the Administration's success relies heavily on the accumulated technical knowledge of its skilled civil servant and contractor workforce; (2) in light of an aging workforce, it is imperative that the Administration preserve, to the maximum extent possible, both critical technical skills and all knowledge valuable to future mission planning and operation; and (3) exercising best practice knowledge management systems within the Administration will benefit the future NASA workforce and help ensure future mission successes. (b) Knowledge management system The Administrator shall establish an Administration-wide knowledge management system and implement industry-standard best practices for capturing, archiving, and retrieving heritage and future information. The information under this subsection shall be accessible to all Administration employees unless otherwise prohibited because of the classified or sensitive nature of the information. (c) Report Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes— (1) a description of any actions necessary to create or modify an Administration-wide knowledge management system; (2) a plan for implementing the knowledge management system, including employee training and the provision of secure access to information, as required for all personnel working on Administration programs, projects, and research; (3) a summary of implementation costs for the knowledge management system; and (4) a timeline and progress report for implementation. (d) Workforce stabilization and critical skills preservation Section 1105 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18431) is amended by striking 2013 2016 | National Aeronautics and Space Administration Authorization Act of 2013 |
Gas Accessibility and Stabilization Act of 2013 - Amends the Clean Air Act to revise procedures for waiver by the Administrator of the Environmental Protection Agency (EPA) of a control or prohibition regarding the use of a fuel or fuel additive by: (1) allowing waiver if the Administrator determines that extreme and unusual fuel or fuel additive supply circumstances are the result of a problem with distribution or delivery equipment necessary for the transportation or delivery of such fuel or additives, (2) allowing extension of a waiver for more than 20 days if it is determined that the waiver conditions will exist beyond 20 days, and (3) deeming a request for a waiver that is not approved or denied within 3 days to be approved for the period requested. Amends the Energy Policy Act of 2005 to modify a fuel system requirements harmonization study to: (1) include consideration of biofuels, (2) add consideration of the projected effects of EPA Tier III requirements on air quality and motor fuel prices, and (3) extend to June 1, 2014, the date for submission to Congress of a report on the results of the study. | 113 S1319 IS: Gas Accessibility and Stabilization Act of 2013 U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1319 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Blunt Mr. Hoeven Mr. Kirk Mr. Coats Mr. Portman Mr. McCain Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency and the Secretary of Energy to conduct a fuel system requirements harmonization study, and for other purposes. 1. Short title This Act may be cited as the Gas Accessibility and Stabilization Act of 2013 2. Expansion of waiver authority Section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) (1) in clause (ii)(II), by inserting a problem with distribution or delivery equipment that is necessary for the transportation or delivery of fuel or fuel additives, equipment failure, (2) in clause (iii)(II), by inserting (except that the Administrator may extend the effectiveness of a waiver for more than 20 days if the Administrator determines that the conditions under clause (ii) supporting a waiver determination will exist for more than 20 days) (3) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); and (4) by adding at the end the following: (vii) Presumptive approval Notwithstanding any other provision of this subparagraph, if the Administrator does not approve or deny a request for a waiver under this subparagraph within 3 days after receipt of the request, the request shall be considered to be approved as received by the Administrator and the applicable fuel standards shall be waived for the period of time requested. . 3. Fuel system requirements harmonization study Section 1509 of the Energy Policy Act of 2005 ( Public Law 109–58 (1) in subsection (a)— (A) in paragraph (1)(A), by inserting biofuels, oxygenated fuel, (B) in paragraph (2)(G), by striking Tier II Tier III (2) in subsection (b)(1), by striking 2008 2014 | Gas Accessibility and Stabilization Act of 2013 |
New Columbia Admission Act - Sets forth procedures for admission into the United States of the state of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution, and (2) issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to state offices. Provides that New Columbia shall consist of all territory of the District as of the enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Prohibits New Columbia from imposing taxes on federal property except as provided by Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Maintains: (1) the District of Columbia as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. Requires each state that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23rd amendment (which provides for the appointment of electors for President and Vice President for the District). | 113 S132 IS: New Columbia Admission Act U.S. Senate 2013-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 132 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2013 Mr. Carper Mr. Durbin Mrs. Murray Mrs. Boxer Committee on Homeland Security and Governmental Affairs A BILL To provide for the admission of the State of New Columbia into the Union. 1. Short title; table of contents (a) Short title This Act may be cited as the New Columbia Admission Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—State of New Columbia Subtitle A—Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Process for admission. Sec. 103. Election of officials of State. Sec. 104. Issuance of Presidential proclamation. Subtitle B—Description of New Columbia Territory Sec. 111. Territories and boundaries of New Columbia. Sec. 112. Description of District of Columbia after admission of State. Sec. 113. Continuation of title to lands and property. Subtitle C—General Provisions Relating to Laws of New Columbia Sec. 121. Limitation on authority of State to tax Federal property. Sec. 122. Effect of admission of State on current laws. Sec. 123. Continuation of judicial proceedings. Sec. 124. United States nationality. TITLE II—Responsibilities and Interests of Federal Government Sec. 201. Continuation of revised District of Columbia as seat of Federal Government. Sec. 202. Treatment of military lands. Sec. 203. Waiver of claims to Federal lands and property. Sec. 204. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile. Sec. 205. Repeal of law providing for participation of District of Columbia in election of President and Vice President. Sec. 206. Expedited consideration of constitutional amendment. TITLE III—General Provisions Sec. 301. General definitions. Sec. 302. Certification of enactment by President. I State of New Columbia A Procedures for Admission 101. Admission into the Union (a) In general Subject to the provisions of this Act, upon issuance of the proclamation required by section 104(b), the State of New Columbia is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of state The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. 102. Process for admission (a) Approval of admission by voters of District of Columbia (1) Election procedures At an election designated by proclamation of the Mayor, which may be the primary or the general election held pursuant to section 103(a), a general election, or a special election, there shall be submitted to the electors qualified to vote in such election the following propositions for adoption or rejection: (A) New Columbia shall immediately be admitted into the Union as a State. (B) The proposed Constitution for the State of New Columbia, as adopted by the Council of the District of Columbia pursuant to the Constitution for the State of New Columbia Approval Act of 1987 (D.C. Law 7–8), shall be deemed ratified and shall replace the Constitution for the State of New Columbia ratified on November 2, 1982. (C) The boundaries of the State of New Columbia shall be as prescribed in the New Columbia Admission Act. (D) All provisions of the New Columbia Admission Act, including provisions reserving rights or powers to the United States and provisions prescribing the terms or conditions of the grants of lands or other property made to the State of New Columbia, are consented to fully by the State and its people. . (2) Responsibilities of mayor The Mayor of the District of Columbia is authorized and directed to take such action as may be necessary or appropriate to ensure the submission of such propositions to the people. The return of the votes cast on such propositions shall be made by the election officers directly to the Board of Elections of the District of Columbia, which shall certify the results of the submission to the Mayor. The Mayor shall certify the results of such submission to the President of the United States. (b) Effect of vote (1) Adoption of propositions In the event the propositions described in subsection (a) are adopted in an election under such subsection by a majority of the legal votes cast on such submission— (A) the State Constitution shall be deemed ratified; and (B) the President shall issue a proclamation pursuant to section 104. (2) Rejection of proposition In the event any one of the propositions described in subsection (a) is not adopted in an election under such subsection by a majority of the legal votes cast on such submission, the provisions of this Act shall cease to be effective. 103. Election of officials of State (a) Issuance of proclamation (1) In general Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 302, the Mayor of the District of Columbia shall issue a proclamation for the first elections, subject to the provisions of this section, for two Senators and one Representative in Congress. (2) Special rule for election of senators In the election of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. (b) Rules for conducting election (1) In general The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified electors of the District of Columbia in the manner required by law. (2) Certification of returns Election returns shall be made and certified in the manner required by law, except that the Mayor shall also certify the results of such elections to the President of the United States. (c) Assumption of duties Upon the admission of the State into the Union, the Senators and Representative elected at the election described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. (d) Transfer of offices of mayor and members and chair of council Upon the admission of the State into the Union, the Mayor, members of the Council, and the Chair of the Council at the time of admission shall be deemed the Governor, members of the House of Delegates, and the President of the House of Delegates of the State, respectively, as provided by the State Constitution and the laws of the State. (e) Continuation of authority and duties and judicial and executive officers Upon the admission of the State into the Union, members of executive and judicial offices of the District of Columbia shall be deemed members of the respective executive and judicial offices of the State, as provided by the State Constitution and the laws of the State. (f) Special rule for house of representatives membership The State upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law, except that such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives or affect the basis of apportionment for the Congress. 104. Issuance of Presidential proclamation (a) In general If the President finds that the propositions set forth in section 102(a) have been duly adopted by the people of the State, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 103(a), shall, not later than 90 days after receiving such certification, issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of state upon issuance of proclamation Upon the issuance of the proclamation by the President under subsection (a), the State shall be deemed admitted into the Union as provided in section 101. B Description of New Columbia Territory 111. Territories and boundaries of New Columbia (a) In general Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the technical survey conducted under subsection (c). (b) Exclusion of portion of district of columbia remaining as national capital The territory of the State shall not include the area described in section 112, which shall remain as the District of Columbia for purposes of serving as the seat of the government of the United States. (c) Technical survey Not later than 6 months after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a technical survey of the metes and bounds of the District of Columbia and of the territory described in section 112(b). 112. Description of District of Columbia after admission of State (a) In general Subject to the succeeding provisions of this section, after the admission of the State into the Union, the District of Columbia shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building. (b) Specific description of metes and bounds After the admission of the State into the Union, the specific metes and bounds of the District of Columbia shall be as follows: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence southeast on Washington Avenue Southwest to E Street Southeast; thence west on E Street Southeast to the intersection of Washington Avenue Southwest and South Capitol Street; thence northwest on Washington Avenue Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; and thence generally north and west up the Potomac River along the present Virginia-District of Columbia boundary to the point of beginning. (c) Treatment of certain property (1) Streets and sidewalks bounding area After the admission of the State into the Union, the District of Columbia shall be deemed to include any street (together with any sidewalk thereof) bounding the District of Columbia. (2) Exclusion of district building Notwithstanding any other provision of this section, the District of Columbia shall not be considered to include the District Building after the admission of the State into the Union. (3) Inclusion of certain military property After the admission of the State into the Union, the District of Columbia shall be deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory. 113. Continuation of title to lands and property (a) Continuation of title to lands of District of Columbia (1) In general The State and its political subdivisions shall have and retain title or jurisdiction for purposes of administration and maintenance to all property, real and personal, with respect to which title or jurisdiction for purposes of administration and maintenance is held by the District of Columbia on the day before the State is admitted into the Union. (2) Conveyance of interest in certain bridges and tunnels On the day before the State is admitted into the Union, the District of Columbia shall convey to the United States any and all interest of the District of Columbia in any bridge or tunnel that will connect the Commonwealth of Virginia with the District of Columbia after the admission of the State into the Union. (b) Continuation of federal title to property in state The United States shall have and retain title or jurisdiction for purposes of administration and maintenance to all property in the State with respect to which the United States holds title or jurisdiction on the day before the State is admitted into the Union. C General Provisions Relating to Laws of New Columbia 121. Limitation on authority of State to tax Federal property The State may not impose any taxes upon any lands or other property owned or acquired by the United States, except to the extent as Congress may permit. 122. Effect of admission of State on current laws (a) Legislative power of State The legislative power of the State shall extend to all rightful subjects of legislation within the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Treatment of federal laws To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect within the State as elsewhere in the United States, except as such law may otherwise provide. 123. Continuation of judicial proceedings (a) Pending proceedings (1) In general No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia or in the United States District Court for the District of Columbia shall abate by reason of the admission of the State into the Union, but shall be transferred and shall proceed within such appropriate State courts as shall be established under the State Constitution, or shall continue in the United States District Court for the District of Columbia, as the nature of the case may require. (2) Succession of courts The appropriate courts of the State shall be the successors of the courts of the District of Columbia as to all cases arising within the limits embraced within the jurisdiction of such courts, with full power to proceed with such cases, and award mesne or final process therein, and all files, records, indictments, and proceedings relating to any such writ, action, indictment, cause, or proceeding shall be transferred to such appropriate State courts and shall be proceeded with therein in due course of law. (b) Unfiled proceedings based on actions prior to admission All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of the State into the Union, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Columbia in like manner, to the same extent, and with like right of appellate review, as if the State had been admitted and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. (c) Maintenance of rights to and jurisdiction over appeals (1) Cases decided prior to admission Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Columbia or the District of Columbia Court of Appeals in any case finally decided prior to the admission of the State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union. (2) Cases decided after admission Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Columbia and of the highest court of the State, as successor to the District of Columbia Court of Appeals, in any case pending at the time of admission of the State into the Union, and the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union. (3) Issuance of subsequent mandates Any mandate issued subsequent to the admission of the State shall be to the United States District Court for the District of Columbia or a court of the State, as appropriate. (d) Conforming amendments relating to federal courts Effective upon the admission of the State into the Union— (1) section 41 of title 28, United States Code, is amended in the second column by inserting , New Columbia District of Columbia (2) the first paragraph of section 88 The District of Columbia and the State of New Columbia comprise one judicial district. . 124. United States nationality No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. II Responsibilities and Interests of Federal Government 201. Continuation of revised District of Columbia as seat of Federal Government After the admission of the State into the Union, the seat of the Government of the United States shall be the District of Columbia as described in section 112 (also known as Washington, DC 202. Treatment of military lands (a) Reservation of federal authority (1) In general Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located within the State that, immediately prior to the admission of the State, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for defense or Coast Guard purposes. (b) Authority of state (1) In general The reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over military lands under subsection (a) shall not operate to prevent such lands from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process The State shall have the right to serve civil or criminal process within such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the State but outside of such tracts or parcels of land. 203. Waiver of claims to Federal lands and property (a) In general As a compact with the United States, the State and its people disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on claims against united states (1) In general Nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act. 204. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile (a) Requirement for states To permit individuals To vote by absentee ballot (1) In general Each State shall— (A) permit absent District of Columbia voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent District of Columbia voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent district of columbia voter defined In this section, the term absent District of Columbia voter (3) State defined In this section, the term State (b) Recommendations to states To maximize access to polls by absent district of columbia voters To afford maximum access to the polls by absent District of Columbia voters, it is recommended that the States— (1) waive registration requirements for absent District of Columbia voters who, by reason of residence in the District of Columbia, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement The Attorney General may bring a civil action in the appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on certain other laws The exercise of any right under this section shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right. (e) Effective date This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. 205. Repeal of law providing for participation of District of Columbia in election of President and Vice President (a) In general Title 3, United States Code, is amended by striking section 21. (b) Effective date The amendment made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice President of the United States taking place on or after such date. 206. Expedited consideration of constitutional amendment (a) Exercise of rulemaking authority This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed a part of the rule of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (b), and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rule (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Expedited consideration of repeal of 23rd amendment (1) Motion made in order At any time after the date of the enactment of this Act, it shall be in order in either the House of Representatives or the Senate to offer a motion to proceed to the consideration of a joint resolution proposing an amendment to the Constitution of the United States repealing the 23rd article of amendment to the Constitution. (2) Procedures relating to motion With respect to the motion described in paragraph (1), the following rules shall apply: (A) The motion is highly privileged and is not debatable. (B) An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (C) A motion to postpone shall be decided without debate. III General Provisions 301. General definitions In this Act, the following definitions shall apply: (1) The term Council (2) The term Governor (3) The term Mayor (4) The term State Constitution (5) Except as otherwise provided, the term State 302. Certification of enactment by President Not more than 60 days after the date of enactment of this Act, the President shall certify such enactment to the Mayor of the District of Columbia. | New Columbia Admission Act |
Military Reserve Jobs Act of 2013 - Grants hiring preferences for federal employment to members of a reserve component of the Armed Forces who: (1) have successfully completed officer candidate training or entry level and skill training and have incurred, or are performing, a 6-year commitment with a reserve component (3 point preference); (2) have completed at least 10 years of service with a reserve component and has earned at least 50 retirement points per year (4 point preference); or (3) are retired from service in a reserve component and are eligible for, but have not yet begun receiving, retired pay for non-regular service (5 point preference). | 113 S1320 IS: Military Reserve Jobs Act of 2013 U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1320 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Donnelly Mr. Leahy Mr. Cruz Committee on Homeland Security and Governmental Affairs A BILL To establish a tiered hiring preference for members of the reserve components of the armed forces. 1. Short title This Act may be cited as the Military Reserve Jobs Act of 2013 2. Preference eligibility for members of reserve components of the armed forces Section 2108 (1) in paragraph (3)— (A) in subparagraph (G)(iii), by striking and (B) by inserting the following after subparagraph (H): (I) an individual who is a member of a reserve component of the armed forces: (i) who has— (I) successfully completed officer candidate training or entry level and skill training; and (II) incurred, or is performing, an initial period of obligated service in a reserve component of the armed forces of not less than 6 consecutive years; or (ii) who has completed at least 10 years of service in a reserve component of the armed forces in each of which the individual was credited with at least 50 points under section 12732 section 12732 chapter 1223 (J) an individual who is— (i) retired from service in a reserve component of the armed forces; and (ii) eligible for, but has not yet commenced receipt of, retired pay for non-regular service under chapter 1223 of title 10; ; (2) in paragraph (4)— (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking and or (C) by adding at the end the following: (C) the individual is a retiree described in paragraph (3)(J); ; (3) in paragraph (5) by striking and (4) by adding at the end the following: (6) entry level and skill training (7) reserve component of the armed forces . 3. Tiered hiring preference for members of reserve components of the armed forces Section 3309 (1) in paragraph (1), by striking and (2) by striking paragraph (2) and inserting the following: (2) a preference eligible under subparagraph (A), (B), or (J) of section 2108(3) of this title—5 points; (3) a preference eligible under section 2108(3)(I)(ii) of this title—4 points; and (4) a preference eligible under section 2108(3)(I)(i) of this title—3 points. . | Military Reserve Jobs Act of 2013 |
Synthetic Abuse and Labeling of Toxic Substances Act of 2013 or the SALTS Act - Amends the Controlled Substances Act to provide that, in determining whether a controlled substance analogue was intended for human consumption, the following factors may be considered: (1) the marketing, advertising, and labeling of the substance; (2) the known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose; (3) the difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (4) the diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance; and (5) whether the defendant knew or should have known that the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means. Declares that evidence that a substance was not marketed, advertised, or labeled for human consumption shall not by itself be sufficient to establish that the substance was not intended for human consumption. | 113 S1322 IS: SALTS Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1322 IN THE SENATE OF THE UNITED STATES July 18, 2013 Ms. Klobuchar Mr. Graham Mrs. Feinstein Committee on the Judiciary A BILL To amend the Controlled Substances Act relating to controlled substance analogues. 1. Short title This Act may be cited as the Synthetic Abuse and Labeling of Toxic Substances Act of 2013 SALTS Act 2. Controlled substance analogues Section 203 of the Controlled Substances Act ( 21 U.S.C. 813 (1) by striking A controlled (a) In general (2) by adding at the end the following: (b) Determination In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors: (1) The marketing, advertising, and labeling of the substance. (2) The known efficacy or usefulness of the substance for the marketed, advertised or labeled purpose. (3) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold. (4) The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance. (5) Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means. (c) Limitation For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption. . | SALTS Act |
Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 - Amends the Controlled Substances Act to include in the definition of a "controlled substance analogue" a substance designated as such by the Controlled Substance Analogue Committee (established by this Act). Directs the Attorney General to establish such Committee as an interagency committee headed by the Administrator of the Drug Enforcement Administration (DEA) and comprised of scientific experts in the fields of chemistry and pharmacology from DEA, the National Institute on Drug Abuse, the Centers for Disease Control and Prevention (CDC), and any other federal agency determined by the Attorney General to be appropriate. Requires the Committee to designate, and establish and maintain a list of, controlled substance analogues determined to be similar to a schedule I or II controlled substance in either chemical structure or predictive effect on the body in such a manner as to make it likely that the substance will, or can be reasonably expected to, have a potential for abuse. Directs the Administrator to publish a description of each designation made by the Committee. Amends the Controlled Substances Import and Export Act to prohibit the importation of any controlled substance analogue except pursuant to such notification or declaration as the Attorney General may prescribe. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that they provide adequate penalties for any offense involving the unlawful manufacturing, importing, exporting, or trafficking of controlled substance analogues and similar offenses. | 113 S1323 IS: Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1323 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mrs. Feinstein Ms. Klobuchar Mr. Manchin Mr. Schumer Committee on the Judiciary A BILL To address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substances Act relating to controlled substance analogues. 1. Short title This Act may be cited as the Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 2. Enforcement (a) In general The Controlled Substances Act ( 21 U.S.C. 801 et seq. (1) in section 102(32), by striking subparagraph (A) and inserting the following: (A) Except as provided in subparagraph (C), the term controlled substance analogue (i) a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II— (I) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (II) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (ii) a substance designated as a controlled substance analogue by the Controlled Substance Analogue Committee in accordance with section 201(i). ; and (2) in section 201, by adding at the end the following: (i) (1) The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish an interagency committee, to be known as the Controlled Substance Analogue Committee (referred to in this subsection as the Committee (2) The Committee shall be— (A) headed by the Administrator of the Drug Enforcement Administration; and (B) comprised of scientific experts in the fields of chemistry and pharmacology from— (i) the Drug Enforcement Administration; (ii) the National Institute on Drug Abuse; (iii) the Centers for Disease Control and Prevention; and (iv) any other Federal agency determined by the Attorney General, in consultation with the Secretary of Health and Human Services, to be appropriate. (3) (A) The Committee shall convene, on an as needed basis, to establish and maintain a list of controlled substance analogues. (B) A substance may be designated as a controlled substance analogue by the Committee under this subsection if the substance is determined by the Committee to be similar to a schedule I or II controlled substance in either its chemical structure or its predictive effect on the body, in such a manner as to make it likely that the substance will, or can be reasonably expected to have a potential for abuse. (C) Evidence of human consumption by an individual or the public at large is not necessary before a substance may be designated as a controlled substance analogue under this subsection. (D) The Attorney General shall, through rulemaking, establish procedures of operation for the Committee. (4) (A) Not later than 30 days before each meeting of the Committee, the Attorney General shall submit to the Secretary of Health and Human Services a notice of the meeting of the Committee, which shall include— (i) a list of the substances to be considered by the Committee during the meeting for designation as a controlled substance analogue; and (ii) a request for the Secretary of Health and Human Services to make a determination of whether an exemption or approval for each substance listed under clause (i) is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (B) Not later than 30 days after the date on which the Secretary of Health and Human Services receives notice under subparagraph (A), the Secretary shall submit to the Attorney General a written response to the request described under subparagraph (A)(ii). The Committee shall consider the response submitted by the Secretary of Health and Human Services in determining whether to designate a substance considered by the Committee at the meeting as a controlled substance analogue. (5) (A) The Attorney General shall publish in the Federal Register any designation made by the Committee under this subsection. (B) The Administrator of the Drug Enforcement Administration shall publish, on the website of the Drug Enforcement Administration, a description of each designation made by the Committee under this subsection, which shall include— (i) the chemical and common name of the controlled substance analogue; (ii) the effective date of the determination, as described in paragraph (6)(A); and (iii) any schedule I or II controlled substance that the Committee has determined a substance is an analogue of. (6) A designation made by the Committee under this subsection shall take effect on the date that is 30 days after the date on which the designation is published in the Federal Register under paragraph (5)(A). (7) If a substance designated as a controlled substance analogue by the Committee under this section is subsequently scheduled through a rulemaking proceeding under subsection (a), (d), or (h), the substance shall be automatically removed from the controlled substance analogue list. (8) If a defendant challenges the designation of a controlled substance analogue made by the Committee under this subsection the issue shall be considered a question of law. . (b) Funding Section 111(b)(2)(B) of Public Law 102–395 21 U.S.C. 886a(2)(B) controlled substance analogues, substances, 3. Importation of controlled substance analogues Section 1002 of the Controlled Substances Import and Export Act ( 21 U.S.C. 952 (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance analogue designated pursuant to section 201(i) of the Controlled Substances Act (21 U.S.C. 811(i)) unless the controlled substance analogue is imported pursuant to such notification or declaration as the Attorney General may by regulation prescribe. . 4. Directive to Sentencing Commission (a) In general Pursuant to its authority under section 994 21 U.S.C. 841 et seq. 21 U.S.C. 951 et seq. (b) Commission duties In carrying out this section, the Sentencing Commission shall— (1) ensure that the sentences, guidelines, and policy statements relating to offenders convicted of these offenses are appropriately severe and reasonably consistent with other relevant directives and other Federal sentencing guidelines and policy statements; (2) make any necessary conforming changes to the Federal sentencing guidelines; and (3) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. | Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 |
National Energy Tax Repeal Act - Prohibits the head of a federal agency from promulgating any regulation relating to power sector carbon pollution standards or any substantially similar regulation on or after June 25, 2013, unless that regulation is explicitly authorized by an Act of Congress. | 113 S1324 IS: National Energy Tax Repeal Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1324 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Barrasso Mr. Enzi Mr. Rubio Mr. Alexander Mr. Paul Mr. Blunt Mrs. Fischer Mr. Crapo Committee on Environment and Public Works A BILL To prohibit any regulations promulgated pursuant to a presidential memorandum relating to power sector carbon pollution standards from taking effect. 1. Short title This Act may be cited as the National Energy Tax Repeal Act 2. Findings and purposes (a) Findings Congress finds that— (1) on June 25, 2013, President Obama issued a Presidential memorandum directing the Administrator of the Environmental Protection Agency to issue regulations relating to power sector carbon pollution standards for existing coal fired power plants; (2) the issuance of that memorandum circumvents Congress and the will of the people of the United States; (3) any action to control emissions of greenhouse gases from existing coal fired power plants in the United States by mandating a national energy tax would devastate major sectors of the economy, cost thousands of jobs, and increase energy costs for low-income households, small businesses, and seniors on fixed income; (4) joblessness increases the likelihood of hospital visits, illnesses, and premature deaths; (5) according to testimony on June 15, 2011, before the Committee on Environment and Public Works of the Senate by Dr. Harvey Brenner of Johns Hopkins University, The unemployment rate is well established as a risk factor for elevated illness and mortality rates in epidemiological studies performed since the early 1980s. In addition to influences on mental disorder, suicide and alcohol abuse and alcoholism, unemployment is also an important risk factor in cardiovascular disease and overall decreases in life expectancy. (6) according to the National Center for Health Statistics, children in poor families were four times as likely to be in fair or poor health as children that were not poor (7) any major decision that would cost the economy of the United States millions of dollars and lead to serious negative health effects for the people of the United States should be debated and explicitly authorized by Congress, not approved by a Presidential memorandum or regulations; and (8) any policy adopted by Congress should make United States energy as clean as practicable, as quickly as practicable, without increasing the cost of energy for struggling families, seniors, low-income households, and small businesses. (b) Purposes The purposes of this Act are— (1) to ensure that— (A) a national energy tax is not imposed on the economy of the United States; and (B) struggling families, seniors, low-income households, and small businesses do not experience skyrocketing electricity bills and joblessness; (2) to protect the people of the United States, particularly families, seniors, and children, from the serious negative health effects of joblessness; (3) to allow sufficient time for Congress to develop and authorize an appropriate mechanism to address the energy needs of the United States and the potential challenges posed by severe weather; and (4) to restore the legislative process and congressional authority over the energy policy of the United States. 3. Presidential memorandum Notwithstanding any other provision of law, the head of a Federal agency shall not promulgate any regulation relating to power sector carbon pollution standards or any substantially similar regulation on or after June 25, 2013, unless that regulation is explicitly authorized by an Act of Congress. | National Energy Tax Repeal Act |
Small Business Tax Credits Improvement Act - Amends the Internal Revenue Code, with respect to the tax credit for the health insurance expenses of small employers, to: (1) expand eligibility for the credit to employers having up to 50 (currently, 25) full-time equivalent employees whose annual wages do not exceed $75,000 (currently, $50,000); (2) raise the employee threshold for triggering the phaseout of such credit from 10 to 20 full-time employees; (3) eliminate the requirement that employers contribute the same percentage of cost of each employee's health insurance and the cap limiting eligible employer contributions to average premiums paid to a state health care exchange; and (4) make such credit available to employee-owners and their dependents. | 113 S1325 IS: Small Business Tax Credits Improvement Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1325 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Begich Ms. Landrieu Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the small employer health insurance credit, and for other purposes. 1. Short title This Act may be cited as the Small Business Tax Credits Improvement Act 2. Modification of small employer health insurance credit (a) Increase in eligible business size (1) In general Subparagraph (A) of section 45R(d)(1) of the Internal Revenue Code of 1986 is amended by striking 25 50 (2) Phaseout amount Paragraph (1) of section 45R(c) of such Code is amended— (A) by striking 10 20 (B) by striking 15 30 (3) Maximum average annual wages Subparagraph (B) of section 45R(d)(3) of such Code is amended— (A) by redesignating clause (ii) as clause (iii), (B) by striking 2013 2014 (C) by striking $25,000 $37,500 (D) by striking calendar year 2012 calendar year 2013 (E) by inserting after clause (i) the following new clause: (ii) 2014 The dollar amount in effect under this paragraph for taxable years beginning in 2014 is $37,500. . (b) Elimination of uniform percentage contribution requirement Paragraph (4) of section 45R(d) a uniform percentage (not less than 50 percent) at least 50 percent (c) Elimination of cap relating to average local premiums Subsection (b) of section 45R of the Internal Revenue Code of 1986 is amended by striking the lesser of the aggregate amount of nonelective contributions the employer made on behalf of its employees during the taxable year under the arrangement described in subsection (d)(4) for premiums for qualified health plans offered by the employer to its employees through an Exchange. (d) Credit availability for employee-Owners and family members in certain cases Subparagraph (A) of section 45R(e)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking the period at the end and inserting a comma, and (2) by adding at the end the following flush text: unless at least 1 full-time equivalent employee who is not described in clause (i), (ii), (iii), or (iv) for the taxable year was employed by the employer for at least 6 months during the taxable year (or the entire period during the taxable year that the business was in existence, if shorter than 6 months). . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | Small Business Tax Credits Improvement Act |
Songwriters Tax Simplification Reauthorization Act - Amends the Internal Revenue Code, with respect to the tax deduction for depreciation, to make permanent the taxpayer election to amortize over a five-year period expenses incurred in creating or acquiring a musical composition or any copyright with respect to such composition. | 113 S1326 IS: Songwriters Tax Simplification Reauthorization Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1326 IN THE SENATE OF THE UNITED STATES July 18, 2013 Ms. Landrieu Mrs. Boxer Mr. Corker Mr. Alexander Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend and make permanent the rule providing 5-year amortization of expenses incurred in creating or acquiring music or music copyrights. 1. Short title This Act may be cited as the Songwriters Tax Simplification Reauthorization Act 2. Special rule for amortization of musical works and copyrights made permanent (a) In general Paragraph (8) of section 167(g) (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2010. | Songwriters Tax Simplification Reauthorization Act |
Healthy Competition for Small Business Act - Amends the Patient Protection and Affordable Care Act to allow qualified employers under such Act to offer their employees enrollment in a health benefits plan under the Federal Employees Health Benefits (FEHB) Program when fewer than two qualified health plans are offered through the Small Business Health Options Program (SHOP Exchange) and no multi-state qualified health plan is available under such Act. | 113 S1327 IS: Healthy Competition for Small Business Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1327 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Begich Ms. Landrieu Committee on Health, Education, Labor, and Pensions A BILL To make enrollment in health benefits plans under the Federal Employee Health Benefits Program available to employees of qualified employers when fewer than 2 qualified health plans are offered through the Small Business Health Options Program. 1. Short title This Act may be cited as the Healthy Competition for Small Business Act 2. SHOP exchanges Section 1311(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d) (8) Rules relating to SHOP exchanges (A) In general In the case of a SHOP Exchange in a State through which fewer than 2 qualified health plans at each level of coverage described in section 1302(d)(1) are available and no multi-State Qualified health plan is available, qualified employers in the State may make available to employees enrollment in a health benefits plan under the Federal Employees Health Benefits Program, in accordance with subparagraph (B). Enrollment in such a health benefits plan shall be offered in the same manner that enrollment in other qualified health plans offered through the SHOP Exchange is offered. (B) FEHBP process (i) In general Notwithstanding the provisions of title 5, United States Code, any Executive order, or any administrative regulation, and subject to this paragraph, a qualified employer in a State described in subparagraph (A) shall be entitled to purchase coverage, rights, and benefits for the employees of the qualified employer under chapter 89 of such title if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the qualified employer are currently deposited in the Employees Health Benefits Fund established under section 8909 of such title. (ii) Separate risk pool Individuals covered under a health benefits plan under the Federal Employees Health Benefits Program under clause (i) shall be in a risk pool that is separate from the risk pool for individuals otherwise covered under a health benefits plan under the Federal Employees Health Benefits Program. (C) Termination of option (i) In general The Federal Employees Health Benefits Program enrollment option made available through a SHOP Exchange, as described in subparagraph (A), shall be terminated if— (I) 2 or more qualified health plans at each level of coverage become available through the SHOP Exchange; or (II) 1 or more multi-State qualified health plans become available through the SHOP Exchange. (ii) Expiration of coverage If the Federal Employees Health Benefits Program enrollment option is terminated, as described in clause (i), an employee of a qualified employer that is enrolled in a health benefits plan under the Federal Employees Health Benefits Program shall retain coverage under such health benefits plan until the end of the contract year. (D) Qualification For purposes of subparagraphs (A) and (C)(i)(I), a SHOP Exchange shall be deemed to have 2 or more qualified health plans at each level of coverage only if such qualified health plans at each level of coverage described in section 1302(d)(1) are offered by more than 1 issuer. . | Healthy Competition for Small Business Act |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) New Philadelphia, Illinois, Study Act - Directs the Secretary of the Interior to conduct a special resource study of the New Philadelphia archaeological site and the land surrounding it in Illinois. Requires the Secretary to report to Congress regarding the national significance of the area, the suitability and feasibility of designating the area as a unit of the National Park System, and alternatives for preservation, protection, and interpretation of the area by federal, state, or local governments or by private and nonprofit organizations. | 113 S1328 IS: New Philadelphia, Illinois, Study Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1328 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Kirk Mr. Durbin Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the New Philadelphia, Illinois, Study Act 2. Findings Congress finds that— (1) Frank McWorter, an enslaved man, bought his freedom and the freedom of 15 family members by mining for crude niter in Kentucky caves and processing the mined material into saltpeter; (2) New Philadelphia, founded in 1836 by Frank McWorter, was the first town planned and legally registered by a free African-American before the Civil War; (3) the first railroad constructed in the area of New Philadelphia bypassed New Philadelphia, which led to the decline of New Philadelphia; and (4) the New Philadelphia site— (A) is a registered National Historic Landmark; (B) is covered by farmland; and (C) does not contain any original buildings of the town or the McWorter farm and home that are visible above ground. 3. Definitions In this Act: (1) Secretary The term Secretary (2) Study Area The term Study Area 4. Special resource study (a) Study The Secretary shall conduct a special resource study of the Study Area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the Study Area; (2) determine the suitability and feasibility of designating the Study Area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Study Area by— (A) Federal, State, or local governmental entities; or (B) private and nonprofit organizations; (4) consult with— (A) interested Federal, State, or local governmental entities; (B) private and nonprofit organizations; or (C) any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (3). (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91–383 16 U.S.C. 1a–5 (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary. (e) Funding The study authorized under this section shall be carried out using existing funds of the National Park Service. | New Philadelphia, Illinois, Study Act |
Realistic Employer Responsibility Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to delay until 2016 enforcement of requirements that large employers offer their full-time employees the opportunity to enroll in minimum essential coverage. Delays the effective date of related reporting requirements for such employers. Directs the Secretary of the Treasury to: publish the forms and other guidance necessary for large employers to make the information return required under the Internal Revenue Code and provide opportunity to make the return, at the option of the employer, for 2014 and 2015 in the case of those that would be required to do so for either such year but for the amendments made by this Act; and in consultation with the State American Health Benefit Exchanges established under PPACA, establish an Internet website (which may be combined with the existing website to identify affordable health insurance coverage options) through which employers and residents of any state may obtain information in an easily understandable format relating to the responsibilities of, and benefits available to, such employers and residents under such Act. | 113 S1330 IS: Realistic Employer Responsibility Act of 2013 U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1330 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Begich Committee on Finance A BILL To delay the implementation of the employer responsibility provisions of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Realistic Employer Responsibility Act of 2013 2. 2-year delay of employer responsibility provisions (a) In general Subsection (d) of section 1513 of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by striking December 31, 2013 December 31, 2015 (b) Conforming amendments (1) Paragraph (3) of section 10106(f) of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by striking December 31, 2013 December 31, 2015 (2) Subsection (d) of section 1514 of such Act is amended by striking December 31, 2013 December 31, 2015 (3) Subparagraph (A) of section 4980H(c)(5) 2014 2016 (4) Clause (ii) of section 4980H(c)(5)(A) of such Code is amended by inserting , determined by substituting 2015 2013 the Patient Protection and Affordable Care Act 3. Optional early adoption of reporting requirements Not later than December 31, 2013, the Secretary of the Treasury (or the Secretary's delegate) shall publish the forms and other guidance necessary to make the return required under section 6056 of the Internal Revenue Code of 1986, and shall provide opportunity to make such return, at the option of the employer, for calendar years 2014 and 2015 in the case of employers who would be required to make such return for any such year but for the amendments made by section 1. 4. Internet website relating to employer responsibilities Not later than January 1, 2014, the Secretary, in consultation with the State American Health Benefit Exchanges established under section 1311 of the Patient Protection and Affordable Care Act ( Public Law 111–148 | Realistic Employer Responsibility Act of 2013 |
Home Health Care Planning Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner, (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law, (3) a certified nurse-midwife, or (4) a physician assistant under a physician's supervision. | 113 S1332 IS: Home Health Care Planning Improvement Act of 2013 U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1332 IN THE SENATE OF THE UNITED STATES July 18, 2013 Ms. Collins Mr. Schumer Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program. 1. Short title This Act may be cited as the Home Health Care Planning Improvement Act of 2013 2. Improving care planning for Medicare home health services (a) Part A provisions Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (C)— (i) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) by striking , and, in the case of a certification made by a physician face-to-face encounter , and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2014, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the second sentence, by inserting certified nurse-midwife, clinical nurse specialist, (3) in the third sentence— (A) by striking physician certification certification (B) by inserting (or on January 1, 2014, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2013 1981 (C) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (4) in the fourth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (b) Part B provisions Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician 1866(j) (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii) of subparagraph (A) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) physician (ii) in clause (iv), by striking after January 1, 2010 face-to-face encounter made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2014, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter (2) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) (3) in the fourth sentence— (A) by striking physician certification certification (B) by inserting (or on January 1, 2014 in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2013 1981 (C) by striking a physician who a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who (4) in the fifth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant physician (c) Definition provisions (1) Home health services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) (A) in the matter preceding paragraph (1)— (i) by inserting , a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5)) physician (ii) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (B) in paragraph (3), by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant physician (2) Home health agency Section 1861(o)(2) of the Social Security Act ( 42 U.S.C. 1395x(o)(2) (A) by inserting , nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5)) physicians (B) by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant, physician (d) Home health prospective payment system provisions Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended— (1) in subsection (c)(1), by inserting , the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)), physician (2) in subsection (e)— (A) in paragraph (1)(A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) physician (B) in paragraph (2)— (i) in the heading, by striking Physician certification Rule of construction regarding requirement for certification (ii) by striking physician (e) Effective Date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014. | Home Health Care Planning Improvement Act of 2013 |
Increased Competition for Consumers Act - Transfers to the Consumer Operated and Oriented Plan (CO-OP) program the unobligated balance of funds transferred under the American Taxpayer Relief Act of 2012 to a fund to provide assistance and oversight to qualified nonprofit health insurance issuers awarded loans or grants pursuant to the Patient Protection and Affordable Care Act (PPACA). Amends PPACA to appropriate the amount equal to the amount rescinded (unobligated funds for the CO-OP program as of January 2, 2013) under the American Taxpayer Relief Act of 2012 to carry out such program. Removes the time restriction on the award of CO-OP program loans and grants. | 113 S1333 IS: Increased Competition for Consumers Act U.S. Senate 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1333 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Begich Ms. Landrieu Ms. Hirono Mr. Casey Mr. Nelson Committee on Health, Education, Labor, and Pensions A BILL To reinstate funding for the Consumer Operated and Oriented Plan program. 1. Short title This Act may be cited as the Increased Competition for Consumers Act 2. Reinstatement of funding for the Consumer Operated and Oriented Plan program (a) Transfer of funds The unobligated balance of the funds transferred under subsection (b)(1) of section 644 of the American Taxpayer Relief Act of 2012 ( 42 U.S.C. 18042 42 U.S.C. 18042 (b) Appropriations Section 1322 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18042 (g) Appropriations There are hereby appropriated the amount equal to the amount rescinded under section 644(b)(2) of the American Taxpayer Relief Act of 2012. . (c) Time for awarding loans and grants (1) In general Section 1322(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18042(b)(2) (2) Effective date The amendment made by paragraph (1) shall take effect as if enacted as part of the Patient Protection and Affordable Care Act (Public Law 111–148). | Increased Competition for Consumers Act |
Bipartisan Student Loan Certainty Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to set the annual interest rate on Direct Stafford loans and Direct Unsubsidized Stafford loans issued to undergraduate students at the rate on high-yield 10-year Treasury notes plus 2.05%, but caps that rate at 8.25%. Sets the annual interest rate on Direct Unsubsidized Stafford loans issued to graduate or professional students at the rate on high-yield 10-year Treasury notes plus 3.6%, but caps that rate at 9.5%. Sets the annual interest rate on Direct PLUS loans at the rate on high-yield 10-year Treasury notes plus 4.6%, but caps that rate at 10.5%. Limits the applicability of the preceding provisions to loans first disbursed on or after July 1, 2013. Fixes the interest rate on Direct Stafford loans, Direct Unsubsidized Stafford loans, and Direct PLUS loans for the period of the loan. Sets the annual interest rate on Direct Consolidation loans for which an application is received on or after July 1, 2013, at the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%. Directs the Comptroller General (GAO) to conduct a study and report to Congress on the actual cost to the federal government of carrying out the federal student loan programs authorized under title IV of the HEA. | 113 S1334 PCS: Bipartisan Student Loan Certainty Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 142 113th CONGRESS 1st Session S. 1334 IN THE SENATE OF THE UNITED STATES July 18, 2013 Mr. Manchin Mr. Burr Mr. King Mr. Coburn Mr. Carper Mr. Alexander Mr. Harkin Mr. Durbin A BILL To establish student loan interest rates, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Student Loan Certainty Act of 2013 2. Interest Rates (a) Interest Rates Section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b) (1) in paragraph (7)— (A) in the paragraph heading, by inserting and before July 1, 2013 on or after july 1, 2006 (B) in subparagraph (A), by inserting and before July 1, 2013, on or after July 1, 2006, (C) in subparagraph (B), by inserting and before July 1, 2013, on or after July 1, 2006, (D) in subparagraph (C), by inserting and before July 1, 2013, on or after July 1, 2006, (2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (3) by inserting after paragraph (7) the following: (8) Interest rate provisions for new loans on or after July 1, 2013 (A) Rates for undergraduate fdsl and fdusl Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students, for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 2.05 percent; or (ii) 8.25 percent. (B) Rates for graduate and professional fdusl Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students, for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 3.6 percent; or (ii) 9.5 percent. (C) PLUS Loans Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans, for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 4.6 percent; or (ii) 10.5 percent. (D) Consolidation loans Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2013, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. (E) Consultation The Secretary shall determine the applicable rate of interest under this paragraph after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. (F) Rate The applicable rate of interest determined under this paragraph for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the loan. . (b) Effective Date The amendments made by subsection (a) shall take effect as if enacted on July 1, 2013. 3. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. 4. Study on the actual cost of administering the Federal student loan programs Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study that determines the actual cost to the Federal Government of carrying out the Federal student loan programs authorized under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (A) provide estimates relying on accurate information based on past, current, and projected data as to the appropriate index and mark-up rate for the Federal Government's cost of borrowing that would allow the Federal Government to effectively administer and cover the cost of the Federal student programs authorized under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) provide the information described in this section in a way that separates out administrative costs, interest rate, and other loan terms and conditions; and (C) set forth clear recommendations to the relevant authorizing committees of Congress as to how future legislation can incorporate the results of the study described in this section to allow for the administration of the Federal student loan programs authorized under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) without generating any additional revenue to the Federal Government except revenue that is needed to carry out such programs; and (2) prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives setting forth the conclusions of the study described in this section in such a manner that the recommendations included in the report can inform future reauthorizations of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). July 18, 2013 Read twice and ordered placed on the calendar | Bipartisan Student Loan Certainty Act of 2013 |
Sportsmen's Act - Title I: Recreational Shooting - Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities. Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act. Requires the Secretary of the Interior to permit individuals carrying bows and crossbows to traverse the National Park System if the traverse is: (1) for the sole purpose of hunting on adjacent land, and (2) the most direct means of access to such adjacent land. Prohibits the Secretary of the Army from promulgating or enforcing any regulation that prohibits an individual from possessing a firearm at a water resources development project administered by the Chief of Engineers if: (1) the individual is not otherwise prohibited by law from possessing the firearm, and (2) the possession of the firearm is in compliance with the law of the state in which the project is located. Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person who submits proof that the polar bear was legally harvested before May 15, 2008 (currently by February 18, 1997), when polar bears were listed as a threatened species by the Department of the Interior. Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years. Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. Urges the Chief of the Forest Service and the Director of BLM to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training. Title II: Duck Stamps - Amends the Fish and Wildlife Improvement Act of 1978 to exempt an authorized taking of migratory birds and collection of their eggs by indigenous inhabitants of Alaska from the prohibition on taking under the Migratory Bird Hunting and Conservation Stamp Act. Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements. Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program. Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state. Title III: Reauthorizations - Amends the Federal Land Transaction Facilitation Act (FLTFA) to reauthorize, until 15 years after this Act's enactment, the program for the completion of appraisals and satisfaction of other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under the Federal Land Policy and Management Act of 1976. Requires 30% (currently all) of the gross proceeds of the sale or exchange of public land under such Act to be deposited in the Federal Land Disposal Account and 70% of such proceeds to be deposited in the general fund of the Treasury and used for federal budget deficit reduction. Makes the FLTFA inapplicable to land eligible for sale under specified public land laws. Amends the North American Wetlands Conservation Act to extend through FY2017 the authorization of appropriations for allocations to carry out approved wetlands conservation projects. Title IV: Miscellaneous - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components. Requires the Secretary of the Interior and the Secretary of Agriculture (USDA), for any film crew of five persons or fewer, to require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on federal land and waterways administered by the Secretary. Makes such a permit valid for such activities or projects that occur in areas designated for public use during public hours on all federal land and waterways administered by the Secretary for a one-year period. Allows an applicable land management agency to deny access to a film crew if: (1) there is a likelihood of resource damage that cannot be mitigated, (2) there would be an unreasonable disruption of the public use and enjoyment of the site, (3) the activity poses public health or safety risks, and (4) the filming includes the use of models or props that are not part of the land's natural or cultural resources or administrative facilities. | 115 S733 IS: Sportsmen's Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 115th CONGRESS 1st Session S. 733 IN THE SENATE OF THE UNITED STATES March 27, 2017 Ms. Murkowski Mr. Heinrich Mr. Risch Mr. Manchin Ms. Heitkamp Committee on Energy and Natural Resources A BILL To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Sportsmen's Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—National policy Sec. 101. Congressional declaration of national policy. TITLE II—Sportsmen’s access to Federal land Sec. 201. Definitions. Sec. 202. Federal land open to hunting, fishing, and recreational shooting. Sec. 203. Closure of Federal land to hunting, fishing, and recreational shooting. Sec. 204. Shooting ranges. Sec. 205. Federal action transparency. Sec. 206. Identifying opportunities for recreation, hunting, and fishing on Federal land. Sec. 207. Amendments to the Federal Land Transaction Facilitation Act. TITLE III—Filming on Federal Land Management Agency land Sec. 301. Commercial filming. TITLE IV—Wildlife and habitat conservation Sec. 401. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 402. Wildlife and Hunting Heritage Conservation Council Advisory Committee. TITLE V—Bows and wildlife management Sec. 501. Bows in parks. Sec. 502. Wildlife management in parks. TITLE VI—Miscellaneous Sec. 601. Respect for treaties and rights. Sec. 602. No priority. Sec. 603. State authority for fish and wildlife. 2. Definition of Secretary In this Act, the term Secretary I National policy 101. Congressional declaration of national policy (a) In general Congress declares that it is the policy of the United States that Federal departments and agencies, in accordance with the missions of the departments and agencies, Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable law, shall— (1) facilitate the expansion and enhancement of hunting, fishing, and recreational shooting opportunities on Federal land, in consultation with the Wildlife and Hunting Heritage Conservation Council, the Sport Fishing and Boating Partnership Council, State and tribal fish and wildlife agencies, and the public; (2) conserve and enhance aquatic systems and the management of game species and the habitat of those species on Federal land, including through hunting and fishing, in a manner that respects— (A) State management authority over wildlife resources; and (B) private property rights; and (3) consider hunting, fishing, and recreational shooting opportunities as part of all Federal plans for land, resource, and travel management. (b) Exclusion In this Act, the term fishing II Sportsmen’s access to Federal land 201. Definitions In this title: (1) Federal land The term Federal land (A) any land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (2) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to land described in paragraph (1)(A); and (B) the Secretary, with respect to land described in paragraph (1)(B). 202. Federal land open to hunting, fishing, and recreational shooting (a) In general Subject to subsection (b), Federal land shall be open to hunting, fishing, and recreational shooting, in accordance with applicable law, unless the Secretary concerned closes an area in accordance with section 203. (b) Effect of part Nothing in this title opens to hunting, fishing, or recreational shooting any land that is not open to those activities as of the date of enactment of this Act. 203. Closure of Federal land to hunting, fishing, and recreational shooting (a) Authorization (1) In general Subject to paragraph (2) and in accordance with section 302(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732(b) (2) Requirement In making a designation under paragraph (1), the Secretary concerned shall designate the smallest area for the least amount of time that is required for public safety, administration, or compliance with applicable laws. (b) Closure procedures (1) In general Except in an emergency, before permanently or temporarily closing any Federal land to hunting, fishing, or recreational shooting, the Secretary concerned shall— (A) consult with State fish and wildlife agencies; and (B) provide public notice and opportunity for comment under paragraph (2). (2) Public notice and comment (A) In general Public notice and comment shall include— (i) a notice of intent— (I) published in advance of the public comment period for the closure— (aa) in the Federal Register; (bb) on the website of the applicable Federal agency; (cc) on the website of the Federal land unit, if available; and (dd) in at least 1 local newspaper; (II) made available in advance of the public comment period to local offices, chapters, and affiliate organizations in the vicinity of the closure that are signatories to the memorandum of understanding entitled Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding (III) that describes— (aa) the proposed closure; and (bb) the justification for the proposed closure, including an explanation of the reasons and necessity for the decision to close the area to hunting, fishing, or recreational shooting; and (ii) an opportunity for public comment for a period of— (I) not less than 60 days for a permanent closure; or (II) not less than 30 days for a temporary closure. (B) Final decision In a final decision to permanently or temporarily close an area to hunting, fishing, or recreation shooting, the Secretary concerned shall— (i) respond in a reasoned manner to the comments received; (ii) explain how the Secretary concerned resolved any significant issues raised by the comments; and (iii) show how the resolution led to the closure. (c) Temporary closures (1) In general A temporary closure under this section may not exceed a period of 180 days. (2) Renewal Except in an emergency, a temporary closure for the same area of land closed to the same activities— (A) may not be renewed more than 3 times after the first temporary closure; and (B) must be subject to a separate notice and comment procedure in accordance with subsection (b)(2). (3) Effect of temporary closure Any Federal land that is temporarily closed to hunting, fishing, or recreational shooting under this section shall not become permanently closed to that activity without a separate public notice and opportunity to comment in accordance with subsection (b)(2). (d) Reporting On an annual basis, the Secretaries concerned shall— (1) publish on a public website a list of all areas of Federal land temporarily or permanently subject to a closure under this section; and (2) submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that identifies— (A) a list of each area of Federal land temporarily or permanently subject to a closure; (B) the acreage of each closure; and (C) a survey of— (i) the aggregate areas and acreage closed under this section in each State; and (ii) the percentage of Federal land in each State closed under this section with respect to hunting, fishing, and recreational shooting. (e) Application This section shall not apply if the closure is— (1) less than 14 days in duration; and (2) covered by a special use permit. 204. Shooting ranges (a) In general Except as provided in subsection (b), the Secretary concerned may, in accordance with this section and other applicable law, lease or permit the use of Federal land for a shooting range. (b) Exception The Secretary concerned shall not lease or permit the use of Federal land for a shooting range, within— (1) a component of the National Landscape Conservation System; (2) a component of the National Wilderness Preservation System; (3) any area that is— (A) designated as a wilderness study area; (B) administratively classified as— (i) wilderness-eligible; or (ii) wilderness-suitable; or (C) a primitive or semiprimitive area; (4) a national monument, national volcanic monument, or national scenic area; or (5) a component of the National Wild and Scenic Rivers System (including areas designated for study for potential addition to the National Wild and Scenic Rivers System). 205. Federal action transparency (a) Modification of equal access to justice provisions (1) Agency proceedings Section 504 of title 5, United States Code, is amended— (A) in subsection (c)(1), by striking , United States Code (B) by redesignating subsection (f) as subsection (i); and (C) by striking subsection (e) and inserting the following: (e) (1) Not later than March 31 of the first fiscal year beginning after the date of enactment of the Sportsmen's Act (2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. (3) (A) Each report under paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision. (B) The disclosure of fees and other expenses required under subparagraph (A) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. (f) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this section made on or after the date of enactment of the Sportsmen's Act (1) The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available. (2) The name of the agency involved in the adversary adjudication. (3) A description of the claims in the adversary adjudication. (4) The name of each party to whom the award was made as such party is identified in the order or other court document making the award. (5) The amount of the award. (6) The basis for the finding that the position of the agency concerned was not substantially justified. (g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order. (h) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g). . (2) Court cases Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: (5) (A) Not later than March 31 of the first fiscal year beginning after the date of enactment of the Sportsmen's Act (B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. (C) (i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision. (ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. (D) The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report— (i) any amounts paid under section 1304 of title 31 for a judgment in the case; (ii) the amount of the award of fees and other expenses; and (iii) the statute under which the plaintiff filed suit. (6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the Sportsmen's Act (A) The case name and number, hyperlinked to the case, if available. (B) The name of the agency involved in the case. (C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award. (D) A description of the claims in the case. (E) The amount of the award. (F) The basis for the finding that the position of the agency concerned was not substantially justified. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. (8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7). . (3) Technical and conforming amendments Section 2412 of title 28, United States Code, is amended— (A) in subsection (d)(3), by striking United States Code, (B) in subsection (e)— (i) by striking of section 2412 of title 28, United States Code, of this section (ii) by striking of such title of this title (b) Judgment Fund transparency Section 1304 of title 31, United States Code, is amended by adding at the end the following: (d) Beginning not later than the date that is 60 days after the date of enactment of the Sportsmen's Act (1) The name of the specific agency or entity whose actions gave rise to the claim or judgment. (2) The name of the plaintiff or claimant. (3) The name of counsel for the plaintiff or claimant. (4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest. (5) A brief description of the facts that gave rise to the claim. (6) The name of the agency that submitted the claim. . 206. Identifying opportunities for recreation, hunting, and fishing on Federal land (a) Definitions In this section: (1) Secretary The term Secretary (A) the Secretary, with respect to land administered by— (i) the Director of the National Park Service; (ii) the Director of the United States Fish and Wildlife Service; and (iii) the Director of the Bureau of Land Management; and (B) the Secretary of Agriculture, with respect to land administered by the Chief of the Forest Service. (2) State or regional office The term State or regional office (A) a State office of the Bureau of Land Management; or (B) a regional office of— (i) the National Park Service; (ii) the United States Fish and Wildlife Service; or (iii) the Forest Service. (3) Travel management plan The term travel management plan (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd(e) (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (b) Priority lists required (1) In general Not later than 1 year after the date of enactment of this Act, and biennially thereafter during the 10-year period beginning on the date on which the first priority list is completed, the Secretary shall prepare a priority list, to be made publicly available on the website of the applicable Federal agency referred to in subsection (a)(1), which shall identify the location and acreage of land within the jurisdiction of each State or regional office on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes but— (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the Secretary). (2) Minimum size Any land identified under paragraph (1) shall consist of contiguous acreage of at least 640 acres. (3) Considerations In preparing the priority list required under paragraph (1), the Secretary shall consider with respect to the land— (A) whether access is absent or merely restricted, including the extent of the restriction; (B) the likelihood of resolving the absence of or restriction to public access; (C) the potential for recreational use; (D) any information received from the public or other stakeholders during the nomination process described in paragraph (5); and (E) any other factor as determined by the Secretary. (4) Adjacent land status For each parcel of land on the priority list, the Secretary shall include in the priority list whether resolving the issue of public access or egress to the land would require acquisition of an easement, right-of-way, or fee title from— (A) another Federal agency; (B) a State, local, or tribal government; or (C) a private landowner. (5) Nomination process In preparing a priority list under this section, the Secretary shall provide an opportunity for members of the public to nominate parcels for inclusion on the priority list. (c) Access options With respect to land included on a priority list described in subsection (b), the Secretary shall develop and submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report on options for providing access that— (1) identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality; (2) specifies the steps recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal, State, or tribal governments to allow for such access and egress; and (3) is consistent with the travel management plan in effect on the land. (d) Protection of personally identifying information In making the priority list and report prepared under subsections (b) and (c) available, the Secretary shall ensure that no personally identifying information is included, such as names or addresses of individuals or entities. (e) Willing owners For purposes of providing any permits to, or entering into agreements with, a State, local, or tribal government or private landowner with respect to the use of land under the jurisdiction of the government or landowner, the Secretary shall not take into account whether the State, local, or tribal government or private landowner has granted or denied public access or egress to the land. (f) Means of public access and egress included In considering public access and egress under subsections (b) and (c), the Secretary shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress— (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (g) Effect (1) In general This section shall have no effect on whether a particular recreational use shall be allowed on the land included in a priority list under this section. (2) Effect of allowable uses on agency consideration In preparing the priority list under subsection (b), the Secretary shall only consider recreational uses that are allowed on the land at the time that the priority list is prepared. 207. Amendments to the Federal Land Transaction Facilitation Act (a) In general The Federal Land Transaction Facilitation Act ( 43 U.S.C. 2301 (1) in section 203(2) ( 43 U.S.C. 2302(2) on the date of enactment of this Act was is (2) in section 205 ( 43 U.S.C. 2304 (A) in subsection (a), by striking (as in effect on the date of enactment of this Act) (B) by striking subsection (d); (3) in section 206 ( 43 U.S.C. 2305 (4) in section 207(b) ( 43 U.S.C. 2306(b) (A) in paragraph (1)— (i) by striking 96–568 96–586 (ii) by striking or (B) in paragraph (2)— (i) by inserting Public Law 105–263; 112 Stat. (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) the White Pine County Conservation, Recreation, and Development Act of 2006 ( Public Law 109–432 (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 . (b) Transfer of funds to treasury Of the amounts deposited in the Federal Land Disposal Account established by section 206 of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305 III Filming on Federal Land Management Agency land 301. Commercial filming (a) In general Section 1 of Public Law 106–206 16 U.S.C. 460l–6d (1) by redesignating subsections (a) through (f) as subsections (b) through (g), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: (a) Definition of secretary The term Secretary ; (3) in subsection (b) (as so redesignated)— (A) in paragraph (1)— (i) in the first sentence— (I) by striking of the Interior or the Secretary of Agriculture (hereafter individually referred to as the Secretary (II) by striking or similar projects (ii) in subparagraph (A), by striking or similar project (iii) in subparagraph (B), by inserting , except in the case of film crews of three or fewer individuals (B) by adding at the end the following: (3) Fee schedule Not later than 180 days after the date of enactment of the Sportsmen's Act ; (4) in subsection (c) (as so redesignated), in the second sentence, by striking subsection (a) subsection (b) (5) in subsection (d) (as so redesignated), in the heading, by inserting Commercial Still (6) in paragraph (1) of subsection (f) (as so redesignated), by inserting in accordance with the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 without further appropriation, (7) in subsection (g) (as so redesignated)— (A) by striking The Secretary shall (1) In general The Secretary shall ; and (B) by adding at the end the following: (2) Considerations The Secretary shall not consider subject matter or content as a criterion for issuing or denying a permit under this Act. ; and (8) by adding at the end the following: (h) Exemption from commercial filming or still photography permits and fees The Secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay a fee for commercial filming or still photography under this Act if the filming or photography conducted is— (1) incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit; and (2) the holder of the commercial use authorization or special recreation permit is an individual or small business concern (within the meaning of section 3 of the Small Business Act ( 15 U.S.C. 632 (i) Exception from certain fees Commercial filming or commercial still photography shall be exempt from fees under this Act, but not from recovery of costs under subsection (c), if the activity— (1) is conducted by an entity that is a small business concern (within the meaning of section 3 of the Small Business Act ( 15 U.S.C. 632 (2) is conducted by a crew of not more than 3 individuals; and (3) uses only a camera and tripod. (j) Applicability to news gathering activities (1) In general News gathering shall not be considered a commercial activity. (2) Included activities In this subsection, the term news gathering . (b) Conforming amendments Chapter 1009 (1) by striking section 100905; and (2) in the table of sections for chapter 1009 IV Wildlife and habitat conservation 401. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Purpose The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. (b) Definition of public target range In this section, the term public target range (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. (c) Amendments to Pittman-Robertson wildlife restoration act (1) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following: (2) the term public target range (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (2) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (A) by striking (b) Each State (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (B) in paragraph (1) (as so designated), by striking construction, operation, operation (C) in the second sentence, by striking The non-Federal share (3) Non-federal share The non-Federal share ; (D) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (E) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (3) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (A) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (B) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (C) in subsection (c)(1)— (i) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (ii) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . (d) Sense of congress regarding cooperation It is the sense of Congress that, consistent with applicable laws (including regulations), the Secretary and the Secretary of Agriculture should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. 402. Wildlife and Hunting Heritage Conservation Council Advisory Committee The Fish and Wildlife Coordination Act ( 16 U.S.C. 661 10. Wildlife and Hunting Heritage Conservation Council Advisory Committee (a) Establishment There is established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (referred to in this section as the Advisory Committee Secretaries (b) Duties of the advisory committee The Advisory Committee shall advise the Secretaries regarding— (1) implementation of the Recreational Hunting and Wildlife Resource Conservation Plan—A Ten-Year Plan for Implementation 16 U.S.C. 661 (2) increasing public awareness of, and support for, the Wildlife Restoration Program; (3) fostering wildlife and habitat conservation and ethics in hunting and shooting sports recreation; (4) stimulating the participation of sportsmen and sportswomen in the conservation and management of wildlife and habitat resources through outreach and education; (5) fostering communication and coordination among— (A) the Federal Government and State and tribal governments; (B) industry; (C) sportsmen and sportswomen who hunt and shoot; (D) wildlife and habitat conservation and management organizations; and (E) the public; (6) providing appropriate access to Federal land for recreational shooting and hunting; and (7) recommendations to improve implementation of Federal conservation programs that benefit wildlife, hunting, and outdoor recreation on private land. (c) Membership (1) Appointment (A) In general The Advisory Committee shall consist of not more than 16 discretionary members and 7 ex officio members. (B) Ex officio members The ex officio members are— (i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; (ii) the Director of the Bureau of Land Management or a designated representative of the Director; (iii) the Director of the National Park Service or a designated representative of the Director; (iv) the Chief of the Forest Service or a designated representative of the Chief; (v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; (vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and (vii) the Executive Director of the Association of Fish and Wildlife Agencies. (C) Discretionary members The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: (i) State fish and wildlife management agencies. (ii) Wildlife and habitat conservation management organizations. (iii) Game bird hunting organizations. (iv) Waterfowl hunting organizations. (v) Big game hunting organizations. (vi) The tourism, outfitter, or guiding industry relating to hunting, fishing, and shooting sports. (vii) The hunting or shooting equipment retail industry. (viii) Tribal resource management organizations. (ix) Hunting, shooting, and fishing sports outreach and education organizations. (x) Women's hunting and fishing advocacy, outreach, or education organizations. (xi) Minority hunting and fishing advocacy, outreach, or education organizations. (xii) Veterans service organizations. (2) Terms (A) In general Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. (B) Terms of initial appointees As designated by the Secretaries at the time of appointment, of the members first appointed— (i) 6 members shall be appointed for a term of 4 years; (ii) 5 members shall be appointed for a term of 3 years; and (iii) 5 members shall be appointed for a term of 2 years. (3) Preservation of public advisory status No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. (4) Vacancy and removal (A) In general Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. (B) Removal Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. (5) Continuation of service Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. (6) Chairperson The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. (7) Compensation Members of the Advisory Committee shall serve without compensation. (8) Travel expenses Members of the Advisory Committee may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (9) Meetings (A) In general The Advisory Committee shall meet at the call of the chairperson, but not less frequently than twice annually. (B) Open meetings Each meeting of the Advisory Committee shall be open to the public. (C) Prior notice of meetings Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. (D) Subgroups The Advisory Committee may establish such workgroups or subgroups as the Advisory Committee deems necessary for the purpose of compiling information or conducting research. (10) Quorum A majority of the members of the Advisory Committee shall constitute a quorum. (d) Expenses, administrative support, technical services, and advice The Secretaries may provide for expenses, administrative support, technical services, and advice to the Advisory Committee that the Secretaries determine to be appropriate. (e) Annual report (1) Required Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) Contents The report required under paragraph (1) shall describe— (A) the activities of the Advisory Committee during the preceding year; (B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and (C) an accounting of actions taken by the Secretaries as a result of the recommendations. (f) Federal advisory committee Act The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). . V Bows and wildlife management 501. Bows in parks (a) In general Chapter 1049 104908. Bows in parks (a) Definition of not ready for immediate use The term not ready for immediate use (1) a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and (2) with respect to a crossbow, uncocked. (b) Vehicular transportation authorized The Director shall not promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any System unit in the vehicle of the individual if— (1) the individual is not otherwise prohibited by law from possessing the bows and crossbows; (2) the bows or crossbows that are not ready for immediate use remain inside the vehicle of the individual throughout the period during which the bows or crossbows are transported across System land; and (3) the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located. . (b) Clerical amendment The table of sections for chapter 1049 section 104907 104908. Bows in parks. . 502. Wildlife management in parks (a) In general Chapter 1049 104909. Wildlife management in parks (a) Use of qualified volunteers If the Secretary determines it is necessary to reduce the size of a wildlife population on System land in accordance with applicable law (including regulations), the Secretary may use qualified volunteers to assist in carrying out wildlife management on System land. (b) Requirements for qualified volunteers Qualified volunteers providing assistance under subsection (a) shall be subject to— (1) any training requirements or qualifications established by the Secretary; and (2) any other terms and conditions that the Secretary may require. (c) Donations The Secretary may authorize the donation and distribution of meat from wildlife management activities carried out under this section, including the donation and distribution to Indian tribes, qualified volunteers, food banks, and other organizations that work to address hunger, in accordance with applicable health guidelines and such terms and conditions as the Secretary may require. . (b) Clerical amendment The table of sections for chapter 1049 104909. Wildlife management in parks. . VI Miscellaneous 601. Respect for treaties and rights Nothing in this Act or the amendments made by this Act— (1) affects or modifies any treaty or other right of any federally recognized Indian tribe; or (2) modifies any provision of Federal law relating to migratory birds or to endangered or threatened species. 602. No priority Nothing in this Act or the amendments made by this Act provides a preference to hunting, fishing, or recreational shooting over any other use of Federal land or water. 603. State authority for fish and wildlife Nothing in this Act— (1) authorizes the Secretary of Agriculture or the Secretary to require Federal licenses or permits to hunt and fish on Federal land; or (2) enlarges or diminishes the responsibility or authority of States with respect to fish and wildlife management. | Sportsmen's Act |
Crime Gun Tracing Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General, in awarding public safety and community policing (COPS ON THE BEAT) grants, to give preferential consideration to an applicant that has reported all firearms recovered during the previous 12 months at a crime scene or during the course of a criminal investigation to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or to a state agency that reports such firearms to the Bureau, for the purpose of tracing. Requires each application for a COPS grant to specify: (1) whether the applicant recovered any firearms at a crime scene or during the course of a criminal investigation during the 12 months before the submission of the application; (2) the number of such firearms recovered; (3) the number of such firearms reported to the Bureau, or to a state agency that reports such firearms to the Bureau, for tracing; and (4) the reason why any such firearms were not so reported. | 113 S1337 IS: Crime Gun Tracing Act of 2013 U.S. Senate 2013-07-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1337 IN THE SENATE OF THE UNITED STATES July 23, 2013 Mr. Durbin Mrs. Feinstein Mr. Whitehouse Mr. Blumenthal Mr. Levin Mrs. Boxer Mr. Reed Mr. Murphy Committee on the Judiciary A BILL To promote the tracing of firearms used in crimes, and for other purposes. 1. Short title This Act may be cited as the Crime Gun Tracing Act of 2013 2. Definition Section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 (1) redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (2) inserting before paragraph (2), as redesignated, the following: (1) Bureau . 3. Incentives for tracing firearms used in crimes Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd (c) Preferential consideration of applications for certain grants In awarding grants under this part, the Attorney General, where feasible— (1) may give preferential consideration to an application for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25-percent minimum under subsection (g); and (2) shall give preferential consideration to an application submitted by an applicant that has reported all firearms recovered during the previous 12 months by the applicant at a crime scene or during the course of a criminal investigation to the Bureau for the purpose of tracing, or to a State agency that reports such firearms to the Bureau for the purpose of tracing. . 4. Reporting of firearm tracing by applicants for Community Oriented Policing Services grants Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–1(c) (1) in paragraph (10), by striking and (2) in paragraph (11), by striking the period at the end and inserting ; and (3) by adding at the end the following: (12) specify— (A) whether the applicant recovered any firearms at a crime scene or during the course of a criminal investigation during the 12 months before the submission of the application; (B) the number of firearms described in subparagraph (A); (C) the number of firearms described in subparagraph (A) that were reported to the Bureau for tracing, or to a State agency that reports such firearms to the Bureau for tracing; and (D) the reason why any firearms described under subparagraph (A) were not reported to the Bureau for tracing, or to a State agency that reports such firearms to the Bureau for tracing. . | Crime Gun Tracing Act of 2013 |
Cruise Passenger Protection Act - Amends federal shipping law to direct the Secretary of Transportation (DOT) to develop standards for passenger vessel owners to provide passengers with a summary of key terms of passage contracts upfront and before they are binding. Requires such standards to include recommendations that ensure that the summary is conspicuous and unambiguous. Requires vessel owners, no later than 180 days after the standards are developed, to: (1) provide each passenger vessel with a summary meeting those standards, (2) include a link to each website the owner maintains for passengers to purchase or book passage on a passenger vessel, and (3) include the summary in promotional literature or advertising. Applies this Act to passenger vessels that: (1) carry at least 250 passengers, (2) have sleeping facilities for each passenger, (3) are on a voyage that embarks or disembarks passengers in the United States, (4) are not engaged in coastwise trade, and (5) are not federal- or state-owned. Directs the Secretary to establish a toll-free hotline and website for passenger complaints. Prescribes both civil and criminal penalties for persons who violate the requirements of this Act. Directs the Secretary to determine whether any of the enumerated rights in the international cruise line passenger bill of rights (adopted by the members of the Cruise Lines International Association) is enforceable under federal law. Directs the Secretary to establish an advisory committee for passenger vessel consumer protection. Revises passenger vessel security and safety requirements concerning: (1) log book entries and reporting of deaths, missing individuals, thefts, and other crimes; and (2) placement, access to records, and notice of video surveillance equipment to monitor crime. Directs the Secretary to: (1) designate a director of victim support services to act as primary point of contact within the federal government for vessel passengers who are victims of crime, (2) establish a 24-hour toll-free telephone number for crime victims to obtain support services, and (3) develop a summary of rights for victims of crime. Directs the Secretary to maintain on a website a statistical compilation of reported incidents of missing persons, crimes, and other information for vessel passengers. Directs the Secretary, in coordination with the Secretary of the department in which the Coast Guard is operating, the Attorney General, and heads of other relevant federal agencies, to study the feasibility of having an individual on board each passenger vessel to provide victim support and related safety and security services. Requires the Administrator of the Maritime Administration (who, currently, is merely authorized) to certify organizations in the United States and abroad that offer the curriculum for training and certification of passenger vessel security personnel, crewmembers, and law enforcement officials on the appropriate methods for prevention, detection, evidence preservation, and reporting of crimes in international waters. Revises vessel design, equipment, construction, and retrofitting requirements. Requires the peep hole or other means of visual identification in the entry door of a passenger stateroom or crew cabin to provide an unobstructed view of the area outside the stateroom or crew cabin. Authorizes the Secretary of Homeland Security (DHS) to withhold or revoke the clearance of, and the Secretary of the department in which the Coast Guard is operating to deny entry into the United States to, any vessel owner that: (1) commits an act or omission for which a penalty is imposed under this Act, or (2) fails to pay the penalty. | 114 S1673 IS: Cruise Passenger Protection Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1673 IN THE SENATE OF THE UNITED STATES June 24, 2015 Mr. Blumenthal Mr. Markey Committee on Commerce, Science, and Transportation A BILL To improve passenger vessel security and safety, and for other purposes. 1. Short title; references (a) Short title This Act may be cited as the Cruise Passenger Protection Act (b) References to title 46, United States Code Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code. 2. Cruise vessel subchapter Chapter 35 is amended— (1) by inserting before section 3501 the following: I General provisions ; (2) by inserting before section 3507 the following: II Cruise vessels ; and (3) by redesignating sections 3507 and 3508 as sections 3523 and 3524, respectively. 3. Application Chapter 35, as amended by section 2 of this Act, is further amended by inserting before section 3523 the following: 3521. Application (a) In general This subchapter applies to a passenger vessel that— (1) is authorized to carry at least 250 passengers; (2) has on board sleeping facilities for each passenger; (3) is on a voyage that embarks or disembarks passengers in the United States; and (4) is not engaged on a coastwise voyage. (b) Federal and State vessels This subchapter does not apply to— (1) a vessel of the United States operated by the Federal Government; or (2) a vessel owned and operated by a State. . 4. Definitions Chapter 35, as amended by sections 2 and 3 of this Act, is further amended by inserting after section 3521, as added by section 3, the following: 3522. Definitions In this subchapter: (1) Commandant The term Commandant (2) Exterior deck The term exterior deck (3) Key terms The term key terms (4) Owner The term owner (5) Passage contract The term passage contract (6) Passenger The term passenger (7) Passenger vessel The term passenger vessel . 5. Passenger vessel consumer service improvements (a) In general Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3525. Passenger vessel consumer service improvements (a) Passage contracts (1) In general Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act (2) Statute of limitations The statute of limitations for filing a lawsuit against the owner of a passenger vessel, which shall not be shorter than 3 years, shall be clearly identified in the passage contract described in paragraph (1). (3) Recommendations The standards developed under paragraph (1) shall include recommendations regarding— (A) style, formatting, and placement that ensures that the summary is conspicuous; and (B) terminology that ensures that the summary is— (i) clear, unambiguous, and unmistakable; and (ii) to the greatest extent possible, uniform, concise, and not complex. (4) Periodic review The Secretary of Transportation shall periodically review and update, as appropriate, the standards developed under paragraph (1). (5) Requirements Beginning on the date that is 180 days after the date on which the standards are developed under paragraph (1), an owner of a passenger vessel shall— (A) provide each prospective passenger with a summary in accordance with those standards; (B) include a prominently accessible link to the summary on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel; and (C) include the summary in any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world, that the Secretary of Transportation considers necessary to adequately notify a prospective passenger of the key terms in the passage contract before such terms are binding. (6) Preemption The standards developed under paragraph (1) shall preempt any related State standards that require a summary that provides less information to a prospective passenger than the information required to be provided under this subsection, as determined by the Secretary of Transportation. (b) Consumer complaints (1) Toll-free hotline; Internet website link The Secretary of Transportation shall— (A) establish a consumer complaints toll-free hotline telephone number for passenger use; (B) establish a consumer complaints link for passenger use on the Internet website maintained under section 3526(i); and (C) notify the public of— (i) the telephone number established under subparagraph (A); and (ii) the Internet website maintained under section 3526(i). (2) Website The Secretary of Transportation shall— (A) maintain a statistical compilation of all consumer complaints on the Internet website under section 3526(i) that provides a numerical accounting of each category of consumer complaint; (B) update the data referred to in subparagraph (A) not less frequently than quarterly; (C) aggregate such data by passenger vessel; and (D) identify each passenger vessel by name. (3) Investigations of consumer complaints The Secretary of Transportation, in coordination with other relevant Federal agencies, may investigate consumer complaints from passengers, including— (A) cancellations, delays, and port skipping; (B) lost, damaged, and delayed baggage; (C) conditions on board the passenger vessel; (D) problems in obtaining refunds for unused or lost tickets or fare adjustments; (E) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases; (F) deceptive or misleading advertising; and (G) compliance with Federal regulations. (4) Referral to federal agency The Secretary of Transportation may refer any complaint received under this subsection to the Attorney General or relevant Federal agency for action, as appropriate. (5) Notice to passengers (A) Internet websites Each owner of a passenger vessel shall include in a conspicuous location on each Internet website that the owner of a passenger vessel maintains for passengers to purchase or book passage on a passenger vessel— (i) the telephone number established under paragraph (1); and (ii) any other information necessary for a passenger to submit a consumer complaint for resolution. (B) Boarding documentation The owner of a passenger vessel shall include the telephone number and Internet address for consumer complaints established under paragraph (1) on— (i) any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages on passenger vessels, that the Secretary of Transportation considers necessary to adequately notify a prospective passenger of the telephone number and Internet address; and (ii) any electronic confirmation of the purchase of passage on a passenger vessel. (c) Penalties (1) Civil penalty The Secretary of Transportation may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues, except that the maximum penalty for a continuing violation shall be $50,000. (2) Criminal penalty Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both. (d) Rulemaking The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (b) Bill of rights (1) Enforceability Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, which was adopted in 2013 by the members of the Cruise Lines International Association, are enforceable under Federal law. (2) Required statement The Secretary of Transportation shall include in the standards developed under section 3525(a) of title 46, United States Code, a statement informing a prospective passenger— (A) which of rights referred to in paragraph (1) is legally enforceable; (B) that the passenger has a private right of action to enforce such rights; and (C) of any legal action that a prospective passenger may take to enforce such rights. (c) Advisory Committee for Passenger Vessel Consumer Protection (1) In general The Secretary of Transportation shall establish an advisory committee for passenger vessel consumer protection (referred to in this subsection as the advisory committee (2) Membership The Secretary of Transportation shall appoint the members of the advisory committee, which shall be comprised of 1 representative each of— (A) owners of passenger vessels; (B) international industry-related associations; (C) State or local governments with expertise in consumer protection matters; (D) nonprofit public interest groups with expertise in consumer protection matters; (E) nonprofit public interest groups with expertise in victim assistance; and (F) relevant Federal agencies, as determined by the Secretary of Transportation. (3) Vacancies A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made. (4) Travel expenses Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 (5) Chair The Secretary of Transportation shall designate, from among the individuals appointed under paragraph (2), an individual to serve as chair of the advisory committee. (6) Duties The advisory committee shall— (A) evaluate existing passenger vessel consumer protection programs or services; (B) recommend improvements to the programs or services under subparagraph (A), as necessary; (C) recommend additional passenger vessel consumer protection programs or services, as necessary; and (D) recommend to the Secretary of Transportation which key terms in a passage contract that should be highlighted before such terms are binding, such as— (i) products and services available on board the passenger vessel for an undisclosed cost or fee or otherwise are not included in the price of passage; (ii) the country under which the passenger vessel is registered or flagged; (iii) if the passenger vessel leaves the admiralty and maritime jurisdiction of the United States, a passenger may be subject to the law of a foreign country; (iv) the passenger vessel may not accept responsibility for any health care services provided to a passenger by medical staff on board the passenger vessel; (v) the maximum amount an owner of a passenger vessel will reimburse a passenger for lost or stolen property while on board the passenger vessel; and (vi) where to file a notice of claim or initiate any legal action against the owner of the passenger vessel. (7) Report to congress Not later than February 1 of each of the first 2 calendar years beginning after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to Congress that contains— (A) the recommendations made by the advisory committee during the preceding calendar year; (B) an explanation of whether and how the industry has implemented each recommendation; and (C) for each recommendation not implemented, the industry’s reason for not implementing the recommendation. (8) Definition of passenger vessel In this subsection, the term passenger vessel 6. Crime reporting and public notice (a) Availability of log book and entries to FBI and other investigators Section 3523(g)(1), as redesignated under section 2, is amended— (1) in subparagraph (A), by striking in a centralized location readily accessible to law enforcement personnel, (2) in subparagraph (B), by striking make such log book available make the log book and all entries in such log book available, whether the log book and entries are maintained on board the vessel or at a centralized location off the vessel, (b) Deadline To notify Federal Bureau of Investigation regarding certain incidents Section 3523(g)(3)(A)(i), as redesignated under section 2, is amended— (1) by striking shall contact subject to subparagraph (C), shall contact (2) by striking after the occurrence on board the vessel of an incident involving , but not later than 4 hours, after an employee of the vessel is notified of an incident on board the vessel allegedly involving (c) Crime reporting guidelines Section 3523(g)(1)(A), as redesignated under section 2 and amended by subsection (a), is further amended— (1) in clause (i), by striking the comma at the end and inserting a semicolon; (2) in clause (ii), by striking , and (3) in clause (iii), by striking the comma at the end and inserting ; and (4) by inserting after clause (iii) the following: (iv) any other criminal offenses reported to the Federal Bureau of Investigation through the Uniform Crime Reporting Program, . (d) Reports before departure Section 3523(g)(3), as redesignated under section 2, is amended by adding at the end the following: (C) Reports before departure If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the admiralty and maritime jurisdiction of the United States and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attaché not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier. . (e) Reports to United States consulates Section 3523(g)(3), as amended by subsection (d), is further amended by adding at the end the following: (D) Reports to United States consulates If an incident described in subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attaché under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call not later than the time specified under subparagraph (A)(i). . (f) Reports to Secretary of Transportation; incidents and details Section 3523(g)(3)(A), as amended by subsection (b), is further amended— (1) in clause (ii), by striking to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A) , including the details under paragraph (2), to the Internet website maintained by the Secretary of Transportation under section 3526(i) (2) in clause (iii), by striking under paragraph (4)(A) under section 3526(i) (g) Availability of security guide via Internet Section 3523(c)(1), as redesignated under section 2 of this Act, is amended— (1) in subparagraph (A)— (A) by striking a guide (referred to in this subsection as the security guide a security guide (B) by striking English, which English, that (2) in subparagraph (C), by striking on the website of the vessel owner through a prominently accessible link on each Internet website that the cruise line maintains for passengers to purchase or book cruises on any vessel that the cruise line owns or operates, and to which this subchapter applies 7. Crime prevention, documentation, and response requirements (a) Maintenance and placement of video surveillance equipment Section 3523(b)(1), as redesignated under section 2 of this Act, is amended— (1) by striking The owner (A) In general The owner ; (2) by striking , as determined by the Secretary (3) by adding at the end the following: (B) Placement of video surveillance equipment With regard to the placement of video surveillance equipment on a vessel under subparagraph (A), the owner shall— (i) place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy; (ii) place video surveillance equipment in other areas where a person has no reasonable expectation of privacy; and (iii) place video surveillance equipment in each area identified under clauses (i) and (ii) in a manner that provides optimum surveillance of that area. . (b) Access to video records Section 3523(b), as redesignated under section 2 of this Act and amended under subsection (a), is further amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) in paragraph (3), as redesignated— (A) by striking The owner (A) Law enforcement The owner ; and (B) by adding at the end, the following: (B) Civil actions The owner of a vessel to which this subchapter applies shall provide to any individual or the individual's legal representative, upon written request, a copy of all records of video surveillance— (i) in which the individual is a subject of the video surveillance; and (ii) that may provide evidence in a civil action. (C) Limited access Except as provided under subparagraphs (A) and (B), the owner of a vessel to which this subchapter applies shall ensure that access to records of video surveillance is limited to the purposes under this section. . (c) Notice of video surveillance Section 3523(b), as redesignated under section 2 of this Act and amended by this section, is further amended by inserting after paragraph (1) the following: (2) Notice of video surveillance The owner of a vessel to which this subchapter applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment. . (d) Retention requirements Section 3523(b), as redesignated under section 2 of this Act and amended by this section, is further amended by adding at the end the following: (4) Retention requirements (A) In general The owner of a vessel to which this subchapter applies shall retain all records of video surveillance for a voyage for not less than 30 days after the completion of the voyage. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall— (i) be provided to the Federal Bureau of Investigation; and (ii) be preserved by the vessel owner for not less than 5 years from the date of the alleged incident. (B) Interim standards Not later than 180 days after the date of the enactment of the Cruise Passenger Protection Act (C) Final standards Not later than 1 year after the date of the enactment of the Cruise Passenger Protection Act (D) Considerations In promulgating standards under subparagraphs (B) and (C), the Commandant shall— (i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; (iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and (iv) consider technological advancements, including requirements to update technology. . (e) Technology detecting passengers who have fallen overboard requirement Section 3523(a)(1)(D), as redesignated under section 2 of this Act, is amended by striking or and (f) Sea Marshals requirement Section 3523(f), as redesignated under section 2 of this Act, is amended— (1) by striking (f) The owner (g) Crew requirements (1) Sea marshals The owner of a vessel to which this section applies shall ensure that the vessel is staffed at all times with an appropriate number, based on the vessel size and the number of passengers, of sea marshals who have been certified by, and are operating under the jurisdiction of, the United States Coast Guard. (2) Crew access to passenger staterooms The owner . (g) Authority To provide assistance to victims of crimes on board passenger vessels Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3526. Assistance to victims of crimes on board certain passenger vessels (a) Purpose The purpose of this section is to provide to a passenger who is an alleged victim of an incident described under section 3523(g)(3)(A)(i)— (1) a written summary of rights; (2) a primary point of contact within the Federal Government; and (3) a means of obtaining immediate, free, and confidential support services. (b) Director of victim support services (1) Interim designation The Secretary of Transportation shall designate an interim director of victim support services. The interim director shall be an employee of the Department of Transportation and shall serve in the position until a final designation is made under paragraph (2). (2) Final designation Not later than 180 days after the date of the enactment of the Cruise Passenger Protection Act (A) designate an employee of the Federal Government to serve as the director of victim support services under this section; and (B) determine an effective way to publicize the toll-free telephone number under subsection (c) and the availability of support services. (3) Responsibilities The director of victim support services shall— (A) be responsible for acting as a primary point of contact within the Federal Government for the passenger described in subsection (a); (B) coordinate with 1 or more non-profit organizations or other entities that can provide the types of support services described under subsection (d); (C) establish a process for the passenger described in subsection (a) to obtain the appropriate types of support services described under subsection (d); (D) recommend a process for the passenger described in subsection (a) to obtain an appropriate continuum of care; (E) recommend a process for the passenger described in subsection (a) to obtain information on the status of any related criminal investigation; (F) develop guidance, consistent with the purpose of this section, for the security guide under section 3523(c)(1), including a process to ensure that an owner of a passenger vessel provides a copy of the security guide to a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described under subsection (g)(3)(A)(i); (G) periodically update that guidance, as necessary; and (H) be the primary liaison between the passenger described in subsection (a) and— (i) the owner of the passenger vessel; (ii) any relevant Federal agency; (iii) any relevant United States embassy or United States consulate; and (iv) any other person that the director of victim support services considers necessary to carry out the purpose of this section. (c) Toll-Free telephone number The Secretary of Transportation shall establish a toll-free telephone number, available 24 hours each day, that a passenger described in subsection (a) can call to initiate the process under subsection (b)(3)(C). (d) Support services The director of victim support services shall determine the types of support services that a passenger described in subsection (a) can obtain, such as— (1) directions on how to report an incident described under section 3523(g)(3)(A)(i) to appropriate authorities; (2) an explanation of or assistance completing necessary forms to report an incident described under section 3523(g)(3)(A)(i); (3) an explanation of how or assistance to obtain support services under this section; (4) arranging, if appropriate, for mental health and counseling services; (5) arranging, if possible, for education regarding and advocacy during applicable criminal justice proceedings; and (6) communicating with that passenger as to the roles of the organization, government agencies, and the owner of the passenger vessel involved with respect to the incident and the post-incident activities. (e) Summary of rights Not later than 180 days after the date of the enactment of the Cruise Passenger Protection Act (1) determine what rights a passenger described in subsection (a) may have under law, such as the right to contact the Federal Bureau of Investigation to report the crime, the right to contact the director of victim support services, and the right to speak confidentially to Federal law enforcement, the director of victim support services, and any other third-party victim advocate without any representative or employee of the passenger vessel present; (2) develop a written summary of those rights; and (3) establish a process for a passenger described in subsection (a) to receive the written summary of rights as soon as practicable after an alleged incident described under section 3523(g)(3)(A)(i). (f) Guardians and relatives If a passenger described in subsection (a) is deceased or is a minor, or under such other circumstances that the director of victim support services considers necessary, the director may provide support services under this section to a guardian or relative of that passenger. (g) Use of passenger vessel resources As appropriate, the resources of the passenger vessel should be used to the greatest extent possible to carry out the purpose under this section. (h) Statutory construction Nothing in this section may be construed as limiting the obligations that an owner of a passenger vessel may have in providing assistance to a passenger who is an alleged victim of an incident described under section 3523(g)(3)(A)(i). (i) Availability of incident data via Internet (1) In general The Secretary of Transportation shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under paragraph (3) of that section. Each incident described in section 3523(g)(3)(A) shall be included in the statistical compilation irrespective of its investigative status. (2) Updates The Secretary of Transportation shall ensure that the data described in paragraph (1)— (A) is updated not less frequently than quarterly; (B) is aggregated by cruise line; (C) identifies each cruise line by name; (D) identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member; (E) identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor; (F) identifies the number of alleged individuals overboard; and (G) is compiled on the Internet website is in a user-friendly format. (3) Access to website Each owner of a passenger vessel shall include a prominently accessible link to the Internet website maintained by the Secretary of Transportation under paragraph (1) on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel. (j) Regulations The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (h) Study Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of the department in which the Coast Guard is operating, Attorney General, and heads of other relevant Federal agencies, shall— (1) conduct a study to determine the feasibility of having an individual on board each passenger vessel (as defined in section 3526 of title 46, United States Code) to provide victim support services, including the support services under section 3526(d) of title 46, United States Code, and related safety and security services, which includes consideration of the cost, the benefit to passengers, jurisdiction, and logistics; and (2) report the findings of the study conducted under paragraph (1) to Congress. (i) Criminal activity prevention and response guide Section 3523(c)(1), as amended by section 6(g) of this Act, is further amended— (1) in subparagraph (A)— (A) by redesignating clause (ii) as clause (vi); (B) by inserting after clause (i), the following: (ii) describes the availability of support services under section 3526, including any contact information provided by the Secretary of Transportation or director of victim support services under that section; (iii) includes the summary of rights under section 3526; (iv) includes the summary under section 3525(a); (v) includes the toll-free hotline telephone number and consumer complaints Internet website link under section 3525(b); ; (C) in clause (vi), as redesignated, by inserting and (D) by adding at the end the following: (vii) includes such other information as the Secretary of Transportation recommends under section 3526(b)(3)(F); ; and (2) by amending subparagraph (B) to read as follows: (B) provide a copy of the security guide to— (i) the Secretary of Transportation for review; (ii) the Federal Bureau of Investigation for comment; and (iii) a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described under subsection (g)(3)(A)(i); and . (j) Maintenance of supplies To prevent sexually transmitted diseases Section 3523(d)(1), as redesignated by section 2 of this Act, is amended by inserting (taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate) a sexual assault (k) Sexual assault; contact information Section 3523(d)(5)(A), as redesignated by section 2 of this Act, is amended by striking the United States Coast Guard, (l) Sexual assault; private telephone line Section 3523(d)(5)(B), as redesignated by section 2 of this Act, is amended by inserting under section 3526 or the information and support services available (m) Crime scene preservation training; certification of organizations by MARAD Section 3524(a), as redesignated by section 2 of this Act, is amended by striking may certify shall certify (n) Crew access to passenger staterooms; procedures and restrictions Section 3523(f), as redesignated by section 2 of this Act, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking and (B) by adding at the end the following: (C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and ; and (2) by amending paragraph (2) to read as follows: (2) ensure that the procedures and restrictions are— (A) fully and properly implemented; (B) reviewed annually; and (C) updated as necessary. . 8. Passenger vessel security and safety requirements (a) Vessel design, equipment, construction, and retrofitting requirements Section 3523(a), as redesignated by section 2 of this Act, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking to which this subsection applies to which this subchapter applies (B) in subparagraph (A)— (i) by striking The vessel Each exterior deck of a vessel (ii) by inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant (C) in subparagraph (B), by striking entry doors that include peep holes or other means of visual identification. an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction. (D) in subparagraph (E), by striking when operating in high risk areas (as defined by the United States Coast Guard) (2) by adding at the end the following: (4) Waivers; record of waivers The Secretary— (A) may waive a requirement under paragraph (1) as the Secretary determines necessary; and (B) shall maintain a record of each waiver under subparagraph (A). . (b) Medical standards (1) In general Section 3523, as redesignated by section 2 of this Act, is amended— (A) in subsection (d)— (i) in paragraph (3)— (I) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; and (II) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (ii) in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (iii) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; and (iv) by striking The owner (1) In general The owner ; (B) in subsection (e)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking under subsection (d) under paragraph (1) (II) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (iii) by striking (e) The master (2) Confidentiality of sexual assault examination and support information The master ; and (C) by inserting after subsection (d), as redesignated by paragraph (2)(C), the following: (e) Medical standards The owner of a vessel to which this section applies shall ensure that— (1) a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation; (2) there are a sufficient number of qualified medical staff on the vessel to treat the number of passengers who may be on board the vessel, as determined by the Secretary, by regulation; (3) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians, or any successor standard; (4) if a United States citizen dies onboard the vessel and the citizen’s next of kin requests that the citizen’s body return to the United States on the vessel, such request is granted; (5) every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation; (6) every crew member on a vessel leaving from or en route to a United States port of call has a basic understanding of the English language; (7) automated external defibrillators are— (A) placed throughout the vessel in clearly designated locations; and (B) available for passenger access in the event of an emergency; and (8) the initial safety briefing given to the passengers on the vessel includes— (A) the location of the vessel’s medical facilities; (B) the appropriate steps passengers should follow during a medical emergency; (C) the location and proper use of automated external defibrillators; and (D) the proper way to report an incident or to seek security assistance in the event of a medical emergency. . (2) Effective date The amendments made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act. 9. Enforcement (a) Information sharing (1) In general To the extent not prohibited by other law, the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of subchapter II of chapter 35 (2) Definition of head of a designated agency In this subsection, the term head of a designated agency (b) Passenger vessel security and safety requirements; denial of entry Section 3523(h), as redesignated by section 2 of this Act, is amended to read as follows: (h) Penalties (1) Civil penalty Any person that violates this section or a regulation under this section shall be liable for a civil penalty of not more than $25,000 for each day during which the violation continues, except that the maximum penalty for a continuing violation is $50,000. (2) Criminal penalty Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000, imprisoned for not more than 1 year, or both. . (c) Crime scene preservation training; denial of entry Section 3523(f), as redesignated by section 2 of this Act, is repealed. (d) Enforcement Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3527. Refusal of clearance; denial of entry (a) Clearance The Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. (b) Denial of entry The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. . 10. Technical and conforming amendments (a) Application Chapter 35, as amended by this Act, is further amended— (1) in section 3523— (A) by striking subsection (k); (B) by redesignating subsection (l) as subsection (k); and (C) by striking to which this section applies to which this subchapter applies (2) in section 3524, by striking to which this section applies to which this subchapter applies (b) Availability of incident data via Internet Section 3523(g), as redesignated under section 2 of this Act, is amended by striking paragraph (4). (c) Elapsed effective dates Section 3523(a), as redesignated by section 2 and amended by section 8(a) of this Act, is further amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). (d) Procedures Section 3523(i), as redesignated by section 2 of this Act, is amended by striking Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the The (e) Definitions Section 3523, as redesignated by section 2 of this Act, is amended by striking subsection (l). (f) Table of contents The table of contents for chapter 35 is amended— (1) by inserting before the item relating to section 3501 the following: Subchapter I. General provisions ; (2) by striking the item relating to section 3507 and inserting the following: 3523. Passenger vessel security and safety requirements. ; (3) by striking the item relating to section 3508 and inserting the following: 3524. Crime scene preservation training for passenger vessel crewmembers. ; (4) by inserting after the item relating to section 3506 the following: Subchapter II. Cruise vessels ; (5) by inserting before the item relating to section 3523, the following: 3521. Application. 3522. Definitions. ; and (6) by adding at the end the following: 3525. Passenger vessel consumer service improvements. 3526. Assistance to victims of crimes on board certain passenger vessels. 3527. Refusal of clearance; denial of entry. . 11. Budget compliance The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation | Cruise Passenger Protection Act |
Cabin Fee Act of 2013 - (Sec. 2) Directs the Secretary of Agriculture (USDA) to set an annual fee for a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. Requires the Secretary to complete the current appraisal cycle for the recreational residences within two years in accordance with the Cabin User Fees Fairness Act of 2000. Requires the assessment of an interim annual fee from January 1, 2014, until the current appraisal is completed. Instructs the Secretary to make a one-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal. Allows a permitee to arrange for a second appraisal of a lot. Specifies the annual fee for 11 fee tiers based on the value of the lot on which the recreational residence is located, and requires annual inflation adjustments. Allows the Secretary to suspend or reduce the annual fee if access to, or the occupancy of, the recreational residence is significantly restricted. Requires the Secretary to report after ten years on: (1) these annual fees in order to ensure that they reflect fair value for the use of the land for recreational residential purposes, and (2) any recommendations to modify the fee system. (Sec. 3) Directs the Secretary to establish a transfer fee of $1,200, adjusted annually for inflation, for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. (Sec. 4) Prohibits the Secretary from establishing or imposing a fee or condition under this Act for permits in Alaska that is inconsistent with provisions regarding the renewal or continuation of permits and leases for cabins, homesites, or similar structures on federal lands under the Alaska National Interest Lands Conservation Act. (Sec. 5) Permits the Secretary, beginning in FY2024, to retain and expend any fees collected under this Act without further appropriation. Requires the fees to be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. (Sec. 6) Repeals the Cabin User Fees Fairness Act of 2000, effective on the date the annual permit fees are assessed under this Act. | 113 S1341 RS: Cabin Fee Act of 2013 U.S. Senate 2013-07-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 397 113th CONGRESS 2d Session S. 1341 [Report No. 113–171] IN THE SENATE OF THE UNITED STATES July 23, 2013 Mr. Tester Mr. Baucus Mr. Barrasso Mrs. Feinstein Mr. Crapo Mr. Enzi Mr. Grassley Mr. Risch Mr. Flake Committee on Energy and Natural Resources May 22, 2014 Reported by Ms. Landrieu Omit the part struck through and insert the part printed in italic A BILL To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. 1. Short title This Act may be cited as the Cabin Fee Act of 2013 2. Cabin user fees (a) In general The Secretary of Agriculture (referred to in this Act as the Secretary (b) Completion of current appraisal cycle Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. current appraisal cycle (c) Interim fee Until During the period beginning on January 1, 2014, and ending on (1) the fee determined under the Cabin User Fees Fairness Act (16 U.S.C. 6901 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,500. (d) Adjustment (1) In general On the date of completion of the current appraisal cycle, and before assessing a fee under this Act, the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (2) Second appraisal (A) In general Notwithstanding paragraph (1), a permittee may arrange for a second appraisal of a recreational residence lot. (B) Requirements Any appraisal conducted under subparagraph (A) shall be conducted in accordance with applicable Federal appraisal standards. (C) Value If an appraisal conducted under subparagraph (A) is approved by the Secretary, the value established by the appraisal shall be the value assigned to the lot. (e) Annual fee (1) Amount After the date on which appraised lot values have been adjusted in accordance with subsection (d), the annual fee assessed by the Secretary for recreational residences on National Forest System land shall be as follows: Fee Tier Approximate Fee Tier 1 Not to exceed 6 percent $500 Tier 2 Not to exceed 16 percent $1,000 Tier 3 Not to exceed 26 percent $1,500 Tier 4 Not to exceed 22 percent $2,000 Tier 5 At least 10 percent $2,500 Tier 6 Not to exceed 5 percent $3,000 Tier 7 Not to exceed 5 percent $3,500 Tier 8 Not to exceed 3 percent $4,000 Tier 9 Not to exceed 3 percent $4,500 Tier 10 Not to exceed 3 percent $5,000 Tier 11 Not to exceed 1 percent $5,500. (2) Adjustments The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy (A) In general The Secretary may suspend or reduce the applicable fee under paragraph (1) if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal A decision of the Secretary to suspend or reduce the annual fee under subparagraph (A) may be appealed. (f) Periodic review (1) In general Beginning on the date that is 10 years after the date of enactment of this Act, 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 that— (A) analyzes the annual fees set forth in the table under subsection (e) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). 3. Cabin transfer fees (a) In general The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. 4. Effect (a) In general Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3193(d) 5. Retention of fees (a) In general Beginning on October 1, 2023, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. 6. Repeal of cabin user fees fairness act of 2000 Effective on the date of the assessment of annual permit fees in accordance with section 2(e) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed. Amend the title so as to read: A bill to modify the Forest Service recreation residence program to implement a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. May 22, 2014 Reported with an amendment and an amendment to the title | Cabin Fee Act of 2013 |
Title X Abortion Provider Prohibition Act - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Service (HHS) from providing any federal family planning assistance to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of rape or incest; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed, including a condition caused by or arising from the pregnancy. Excludes hospitals from such requirement so long as the hospital does not provide funds to any non-hospital entity that performs an abortion. Requires the Secretary to provide Congress annually: (1) information on grantees who performed abortions under the exceptions, and (2) a list of entities to which grant funds are made available. | 114 S51 IS: Title X Abortion Provider Prohibition Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 51 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. 1. Short title This Act may be cited as the Title X Abortion Provider Prohibition Act 2. Prohibition on abortion Title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. 1009. Additional prohibition regarding abortion (a) Prohibition The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. (b) Exception Subsection (a) does not apply with respect to an abortion where— (1) the pregnancy is the result of rape or incest; or (2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself. (c) Hospitals Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)). (d) Annual report Not later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to the Congress containing— (1) a list of each entity receiving a grant under this title; (2) for each such entity performing abortions under the exceptions described in subsection (b)— (A) the total number of such abortions; (B) the number of such abortions where the pregnancy is the result of rape; (C) the number of such abortions where the pregnancy is the result of incest; and (D) the number of such abortions where a physician provides a certification described in subsection (b)(2); (3) a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and (4) a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title. (e) Definitions In this section: (1) The term entity (2) The term hospital . | Title X Abortion Provider Prohibition Act |
Intergenerational Financial Obligations Reform Act or INFORM Act - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to provide certain information on any legislation or resolution considered in either chamber which would impact revenues or mandatory spending by greater than 0.5% of gross domestic product (GDP) over the following 10-fiscal-year period, and upon request by the Chairmen or Ranking Members of the congressional budget committees. Requires such information to comprise: a fiscal gap and generational accounting analysis, including any change in the analysis relative to the baseline; and the federal deficit, at current spending levels, in the fiscal year that is 75 years after the fiscal year in which the legislation is being considered, as well as the stock of the debt in that 75th year. Requires: (1) CBO to produce an annual fiscal gap and generational accounting analysis within its annual "Long-Term Budget Outlook" and post it on the CBO public website, and (2) the Comptroller General to produce a separate similar analysis within its annual "Long-Term Fiscal Outlook" and post it on the General Accountability Office (GAO) public website. Requires the President's budget submission to Congress to include: a fiscal gap and generational accounting analysis of the full budget proposal; the same kind of analysis of specific policy changes that would impact revenues or mandatory spending by greater than 0.5% of GDP over the following 10-fiscal year period; and the federal deficit, at current spending levels, in the fiscal year that is 75 years after the fiscal year in which the legislation is being considered, as well as the stock of the debt in that 75th year. | 117 S2548 IS: Intergenerational Financial Obligations Reform Act U.S. Senate 2021-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 2548 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Braun Ms. Lummis Mr. Scott of Florida Mr. Cruz Committee on the Budget A BILL To provide for fiscal gap and generational accounting analysis in the legislative process, the President’s budget, and annual long-term fiscal outlook reports. 1. Short title This Act may be cited as the Intergenerational Financial Obligations Reform Act 2. The congressional budget office report Section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 (1) in subsection (e), by adding at the end the following: (4) For any legislation or resolution considered in the Senate or the House of Representatives that would impact revenues or mandatory spending by greater than 0.5 percent of the gross domestic product over the following 10-fiscal-year period and upon request relating to any other legislation or resolution by the Chairman or Ranking Member of the Committee on the Budget of the House of Representatives or of the Committee on the Budget of the Senate, the Congressional Budget Office shall provide with respect to such legislation or resolution a report that includes— (A) a fiscal gap report and a generational account report, including changes in the fiscal gap and generational accounts relative to the baseline estimates for purposes of each such report; (B) Federal deficits as of the end of the fiscal year that is 75 years after the budget year with respect to the legislation, under a baseline estimate and an alternative scenario estimate; and (C) outstanding Treasury liabilities as of the end of the fiscal year that is 75 years after the budget year with respect to the legislation, under a baseline estimate and an alternative scenario estimate. ; and (2) by adding at the end the following: (h) Definitions In this section: (1) Alternative scenario estimate The term alternative scenario estimate (2) Baseline estimate The term baseline estimate (3) Budget year The term budget year 2 U.S.C. 900(c) (4) Direct spending The term direct spending 2 U.S.C. 900(c) (5) Explicit debt The term explicit debt (6) Fiscal gap The term fiscal gap (7) Fiscal gap policy option (A) In general The term fiscal gap policy option (B) Timing The change in revenues or expenditures for purposes of subparagraph (A)— (i) may be calculated under alternative timings of when the policy change begins; and (ii) shall, at a minimum, include policy change options starting 1, 5, 10, 15, and 25 fiscal years after the budget year. (C) Policy options The potential combinations of changes in Federal revenues and Federal expenditures that are a part of a fiscal gap policy option may include— (i) income taxes imposed under chapter 1 (ii) taxes described in clause (i), taxes on self-employment income under chapter 2 (iii) taxes and receipts described in clause (ii), excise taxes imposed under subtitles D and E of the Internal Revenue Code of 1986, estate and gift taxes imposed under subtitle B of such Code, customs duties, and other receipts; (iv) discretionary appropriations (with no changes to offsetting receipts); (v) direct spending and expenditures under the Federal old-age, survivors, and disability insurance benefits program under title II of the Social Security Act, the Medicare program under parts A and B of title XVIII of the Social Security Act, and Medicare Prescription Drug Coverage under part D of title XVIII of the Social Security Act; (vi) direct spending and expenditures described in clause (v) and all other direct spending including the supplemental nutrition assistance program, supplemental security income benefits, child, earned income, and other tax credits, child nutrition programs, the temporary assistance for needy families program, housing assistance programs, and civilian and military retirement programs; and (vii) discretionary appropriations and direct spending, except interest payments on outstanding Treasury liabilities. (D) Dynamic effects Calculations of fiscal gap policy options shall incorporate dynamic effects from induced changes in labor supply, national saving, and capital formation, as relevant to each particular policy option among those described in subparagraphs (C). (8) Fiscal gap report (A) In general The term fiscal gap report (i) specifies the amount of explicit debt, the implicit debt, and the fiscal gap; (ii) provides fiscal gap policy options; and (iii) incorporates a fiscal gap sensitivity analysis. (B) Separate reporting for trust funds (i) In general A fiscal gap report shall address each item specified in clauses (i), (ii), and (iii) of subparagraph (A) separately for each social insurance program. (ii) Fiscal gap policy options The fiscal gap policy options provided for each Federal social insurance program shall be limited to changes in receipts and expenditures from the applicable trust fund. (iii) Calculation (I) In general For purposes of calculations relating to the fiscal gap in connection with a social insurance program, the calculations shall be determined as the sum of— (aa) the projected budget-year-end value of Treasury securities and other assets held in the applicable trust fund; and (bb) the present discounted value of annual expenditures from the applicable trust fund over future fiscal years minus the present discounted value of receipts paid into the applicable trust fund excluding transfers from other Federal funds over future fiscal years. (II) Expenditures and receipts For purposes of subclause (I), expenditures and receipts shall include expenditures and receipts projected through the future fiscal year described in paragraph (15)(B). (iv) Limiting For each social insurance program, a fiscal gap report shall separately address each item specified in clauses (i), (ii), and (iii) of subparagraph (A) as specified and after limiting the calculation under clause (iii)(I)(bb) to the closed group of past and current adult program participants (as described in paragraph 11(B)(i)), both taxpayers and beneficiaries. (C) Scenarios A fiscal gap report shall address each item specified in clauses (i), (ii), and (iii) of subparagraph (A) under— (i) a baseline estimate; and (ii) an alternative scenario estimate. (D) Amounts A fiscal gap report shall provide information with respect to each item specified in clauses (i), (ii), and (iii) of subparagraph (A)— (i) in present-discounted dollars; (ii) as percentages of present-discounted value of future gross domestic product projected through the future fiscal year described in paragraph (15)(B); and (iii) as a percentage of the amount of taxes projected to be collected under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986 through the future fiscal year described in paragraph (15)(B). (9) Fiscal gap sensitivity analysis (A) In general The term fiscal gap sensitivity analysis (B) Required alternatives The alternative economic assumptions for any fiscal gap sensitivity analysis shall include the following: (i) Projected annual rate of population growth that is 25 basis points larger and 25 basis points smaller than the baseline population growth-rate projection specified under paragraph (15)(C). In making the estimates, the applicable agency may use reasonable alternative symmetric basis point variations around baseline population-growth projections consistent with uncertainty associated with underlying growth components of fertility, mortality, and immigration rates. (ii) Projected annual rates of labor productivity growth that is 50 basis points larger and 50 basis points smaller than the baseline labor productivity growth-rate projection specified under paragraph (15)(C). In making the estimates, the applicable agency may use reasonable alternative, symmetric basis-point variations around baseline labor-productivity growth rates consistent with uncertainty associated with underlying components of inflation rates, technological change, capital intensity, and labor efficiency. (iii) Projected discount rates that are 75 basis points larger and 75 basis points smaller than the baseline long-term discount rate projection specified under paragraph (15)(D). In making the estimates, the applicable agency may use reasonable alternative, symmetric basis-point variations as appropriate around baseline interest rate projections consistent with uncertainty associated with long-term government borrowing rates. All interest rate variations reported shall be consistent with maintaining a net positive average long-term interest rate after subtracting the long-term average labor productivity growth rate of the economy of the United States. (10) Generation The term generation (11) Generational account (A) In general The term generational account (B) Ages A report regarding generational accounts shall include generational accounts for— (i) selected individual generations born not less than 18 years before the report; and (ii) selected individual generations born or who will be born after the date that is 18 years before the report, including those born after the budget year. (C) Calculation Generational accounts of children and future generations described in subparagraph (B)(ii) shall be calculated such that— (i) their total over all members equals the sum of— (I) Treasury liabilities projected to be outstanding at the end of the budget year; and (II) the present value of projected discretionary (non-transfer) Federal spending minus the sum of the generational accounts of adult generations described in subparagraph (B)(i); (ii) the ratio of the generational account of males of each generation among children and future generations described in subparagraph (B)(ii) to the generational account of females born in the same year is set equal to the ratio of the generational accounts of males and females born 18 years before the calculation; and (iii) the generational accounts of members of children and future generations described in subparagraph (B)(ii) increases with the year of their births at the projected growth rate of labor productivity. (12) Generational account policy effects (A) In general The term generational account policy effects (B) Dynamic effects Calculations of generational accounts policy options shall incorporate dynamic effects from induced changes in employment, national saving, and capital formation, as relevant to each particular policy option described in paragraph (7)(C). (13) Generational account report (A) In general The term generational account report (B) Scenarios A generational account report shall address generational accounts, including net Federal tax burdens, under— (i) a baseline estimate; and (ii) an alternative scenario estimate. (14) Generational net-tax-burden gap The term generational net-tax-burden gap (15) Implicit debt (A) In general The term implicit debt (i) the discounted present value of projected annual Federal spending during the period of the budget year and not less than the ensuing 75 fiscal years, excluding spending for net interest and principal payments on Treasury liabilities; and (ii) the discounted present value of Federal tax and non-tax receipts during the period of the budget year and not less than the ensuing 75 fiscal years. (B) Projection period Annual Federal noninterest spending and receipts used to calculate implicit debt shall be projected through a future fiscal year, at least 75 years beyond the budget year, and such that the accrual to the fiscal gap by extending the calculation by 1 additional fiscal year is within 0.1 percent of the fiscal gap without extending the calculation by 1 fiscal year. (C) Federal budget projections The growth of Federal noninterest spending and receipts over future fiscal years shall be consistent with the baseline projections of population growth, general price inflation (Personal Consumption Expenditures index), and labor-productivity-growth factors including technological change, capital intensity, and labor efficiency, as determined by the applicable agency. (D) Discount rates For purposes of calculating the implicit debt, the discount rates shall be the interest rate projections of the Congressional Budget Office over the projection horizon on Treasury bonds with prospective maturity of at least 20 years and longer. (16) Net Federal tax burden The term net Federal tax burden (17) Social insurance program The term social insurance program (A) means a social insurance program that is funded out of a Federal trust fund; and (B) includes the Federal old-age, survivors, and disability insurance benefits program under title II of the Social Security Act, the Medicare program under parts A and B of title XVIII of the Social Security Act, and the Medicare Prescription Drug Coverage under part D of title XVIII of the Social Security Act. (18) Treasury liabilities The term Treasury liabilities chapter 31 . 3. CBO annual report (a) Requirement (1) In general The Congressional Budget Office shall produce a fiscal gap and generational accounting analysis, which shall be reported as a separate section within its annual Long-Term Budget Outlook (2) Definitions In this subsection, the terms fiscal gap generational account 2 U.S.C. 602 (b) Public report The Director of the Congressional Budget Office shall post the report described in subsection (a) on the Congressional Budget Office public website. 4. GAO annual report (a) Requirement (1) In general The Comptroller General shall produce annually a report on fiscal gap and generational accounting analysis consistent with the assumptions of the Government Accountability Office with respect to baseline projections of population growth, general price inflation (Personal Consumption Expenditures index), and labor-productivity-growth factors including technological change, capital intensity, and labor efficiency. (2) Definitions In this subsection, the terms fiscal gap generational account 2 U.S.C. 602 (b) Public report The Comptroller General shall post the report described in subsection (a) on the General Accountability Office public website. 5. The President’s budget Section 1105 of title 31, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (40) an analysis including— (A) a fiscal gap report and a generational account report, including changes in the fiscal gap and generational accounts relative to the baseline estimates for purposes of each report; (B) Federal deficits as of the end of the fiscal year that is 75 years after the budget year, under a baseline estimate and an alternative scenario estimate; and (C) outstanding Treasury liabilities as of the end of the fiscal year that is 75 years after the budget year, under a baseline estimate and an alternative scenario estimate. ; and (2) by adding at the end the following: (i) (1) For purposes of subsection (a)(40), the terms alternative scenario estimate baseline estimate fiscal gap fiscal gap report generational account generational account report Treasury liabilities 2 U.S.C. 602(h) (2) For purposes of subsection (a)(40), the terms defined in paragraph (1) shall be calculated using the assumptions of the President of baseline projections of population growth, general price inflation (Personal Consumption Expenditures index), and labor-productivity-growth factors including technological change, capital intensity, and labor efficiency. . | Intergenerational Financial Obligations Reform Act |
Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 - Title I: Block Grants and Grant Requirements - (Sec. 101) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (Act) to allow Indian housing block grant recipients to use income that is realized from program income without restriction. Applies tribal prevailing wage laws to the administration of all federal funding for projects funded in part under that Act. (Sec. 102) Deems compliance with the environmental review requirements of the Indian housing block grant projects to satisfy any other federal environmental review requirements imposed on agencies involved in the projects. (Sec. 103) Reauthorizes appropriations for the block grants through FY2018. Title II: Affordable Housing Activities - (Sec. 201) Makes an exception to the requirement that housing assisted under the Act remain affordable for the useful life of the property if: (1) a family or household member subsequently takes over ownership of a unit, or (2) an improvement is made to a privately owned unit and the aggregate value of that improvement for the five-year period following its completion is less than $10,000. Allows rental housing made available to a current tenant for conversion to a homebuyer or lease-purchase unit to be purchased by the tenant if that tenant was a low-income family at the time of initial occupancy. (Sec. 202) Applies lease termination notification requirements to any project or program funded in part under the Act. (Sec. 203) Repeals a program allowing Indian tribes to use a portion of the block grants for housing activities wholly self-determined by the Indian tribe. (Sec. 204) Prohibits affordable housing that is developed, acquired, or assisted under the block grant program from exceeding by more than 20% the total development cost maximum cost for all housing assisted under an affordable housing activity, without the approval of the Secretary of Housing and Urban Development (HUD). Title III: Compliance, Audits, and Reports - (Sec. 301) Requires the Secretary's annual report to Congress on the activities carried out under the Act to be submitted to the Senate Committee on Indian Affairs, Senate Committee on Banking, Housing and Urban Affairs, and House Committee on Financial Services. Requires that report to be made available to the public. Title IV: Other Housing Assistance for Native Americans - (Sec. 401) Amends the United States Housing Act of 1937 to authorize the Secretary to implement a rental assistance and supportive housing demonstration program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. ("Indian areas" are defined as those areas within which an Indian tribe or a tribally designated housing entity provides affordable housing assistance under this Act.) Authorizes the Secretary, in carrying out the demonstration program, to waive or establish alternative requirements regarding the use of rental assistance if doing so is necessary for the effective delivery and administration of rental assistance to Indian veterans. (Sec. 402) Amends the Act to clarify that the 50-year limit on the lease of trust or Indian restricted lands for housing purposes does not affect any authority to lease those lands that is conferred pursuant to any other law in effect before, on, or after the enactment of that limit. (Sec. 403) Reauthorizes appropriations, through FY2018, for the provision of training and technical assistance to Indian housing authorities and tribally designated housing entities. Title V: Miscellaneous - (Sec. 501) Amends the Act to treat a tribally designated housing entity as a community-based development organization for purposes of the Indian Community Development Block Grant program. (Sec. 502) Repeals the provision of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 that prohibits the use of funds under that Act for the benefit of the Cherokee Nation unless the Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation remains in effect or there is a settlement agreement which ends litigation among the adverse parties. (Sec. 503) Reauthorizes the Native Hawaiian Homeownership Act through FY2018. (Sec. 504) Allows all funds provided under a grant made pursuant to this Act to be used to meet matching or cost participation requirements under any other federal or nonfederal program. | 113 S1352 : Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 U.S. Senate 2014-01-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 1352 IN THE SENATE OF THE UNITED STATES July 24, 2013 Ms. Cantwell Mr. Barrasso Mr. Johnson of South Dakota Mr. Tester Mr. Udall of New Mexico Mr. Franken Mr. Begich Ms. Heitkamp Ms. Hirono Mr. Schatz Mr. Heinrich Ms. Murkowski Committee on Indian Affairs January 13, 2014 Reported by Ms. Cantwell Strike out all after the enacting clause and insert the part printed in italic January 13, 2014 Referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes. 1. Short title; table of contents; references (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. TITLE I—Block grants and grant requirements Sec. 101. Treatment of program income and labor standards. Sec. 102. Environmental review. Sec. 103. Authorization of appropriations. TITLE II—Affordable housing activities Sec. 201. Low-income requirement and income targeting. Sec. 202. Lease requirements and tenant selection. Sec. 203. Self-determined housing activities for tribal communities. Sec. 204. Total development cost maximum project cost. TITLE III—Compliance, audits, and reports Sec. 301. Reports to Congress. TITLE IV—Other housing assistance for Native Americans Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 403. Training and technical assistance. Sec. 404. Preferences for projects in Indian areas. TITLE V—Miscellaneous Sec. 501. Community-based organizations and tribally designated housing entities. Sec. 502. Elimination of limitation on use for Cherokee Nation. Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. Sec. 504. Matching or cost-participation requirement. (c) References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. I Block grants and grant requirements 101. Treatment of program income and labor standards Section 104 ( 25 U.S.C. 4114 (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) Authority to retain (A) In general Notwithstanding any other provision of this Act, a recipient may retain any program income that is realized from any grant amounts under this Act if— (i) the income was realized after the initial disbursement of the grant amounts received by the recipient; and (ii) the recipient has agreed that the recipient will utilize the income for housing related activities in accordance with this Act. (B) Requirements Any income that is realized by a recipient from program income shall— (i) be considered nonprogram income; and (ii) have no restrictions on use. ; and (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Application of tribal laws (A) In general Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if that contract or agreement is otherwise covered by 1 or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe. (B) Wages The prevailing wages described in subparagraph (A) shall apply to the administration of all Federal funding for projects funded in part by funds authorized under this Act. . 102. Environmental review Section 105 (25 U.S.C. 4115) is amended by striking subsection (d) and inserting the following: (d) Environmental compliance Notwithstanding any other provision of law or use of any other source of funding for the project, compliance with the environmental review requirements of this section shall satisfy any other applicable environmental review requirement under any other Federal law (including regulations) required to be carried out by any agency involved in the project. . 103. Authorization of appropriations Section 108 ( 25 U.S.C. 4117 2009 through 2013 2013 through 2018 II Affordable housing activities 201. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (c) Applicability (1) In general The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to— (A) a family or household member who subsequently takes ownership of a homeownership unit; or (B) any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000. (d) Purchase In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement if the unit is made available for occupancy by a family that is a low-income family at the time of initial occupancy. . 202. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . 203. Self-determined housing activities for tribal communities Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed. 204. Total development cost maximum project cost Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 25 U.S.C. 4111 III Compliance, audits, and reports 301. Reports to Congress Section 407 (25 U.S.C. 4167) is amended— (1) in subsection (a), by striking Congress Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . IV Other housing assistance for Native Americans 401. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (II) Indian lands The term Indian lands 25 U.S.C. 4302 (III) Tribal organization The term tribal organization 25 U.S.C. 450b (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the use of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. . 402. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) law 403. Training and technical assistance Section 703 ( 25 U.S.C. 4212 of fiscal years 2009 through 2013 fiscal year for which funds are appropriated under section 108. 404. Preferences for projects in Indian areas (a) In general Section 42(m)(1) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (B)(ii)— (A) in subclause (II), by striking and (B) by adding at the end the following: (IV) projects which are located in an Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(11))) and for which the entity applying to receive credit is— (aa) an Indian tribe or a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (bb) wholly owned or controlled by an Indian tribe or tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (cc) a subrecipient of funding under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ; (2) in subparagraph (C)— (A) in clause (vi), by inserting and Indian public (B) by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and (C) by inserting after clause (viii) the following: (ix) projects described in subparagraph (B)(ii)(IV), ; and (3) by adding at the end the following: (E) Preference for projects in Indian areas In addition to the preference provided to projects described in subparagraph (B)(ii)(IV), for purposes of evaluating such projects pursuant to a competitive application process for allocation of housing credit dollar amounts, a housing credit agency— (i) for purposes of any numerical evaluation process employed by the agency, shall increase the cumulative points or score for such project by not less than 10 percent of the total points or credits available to any project, and (ii) shall not consider the lack of proximity of such project to population centers, public transportation systems, or publicly available amenities. . (b) Effective date The amendments made by this section shall apply to housing credit dollar amounts allocated by a housing credit agency after December 31, 2013. V Miscellaneous 501. Community-based organizations and tribally designated housing entities Title VII ( Public Law 104–330 706. Community-based development organization A tribally designated housing entity shall qualify as a community-based development organization for purposes of the Indian Community Development Block Grant program authorized under section 106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)). . 502. Elimination of limitation on use for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Public Law 110–411; 122 Stat. 4334) is repealed. 503. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 2001, 2002, 2003, 2004, and 2005, 2014, 2015, 2016, 2017, and 2018 504. Matching or cost-participation requirement All funds provided under a grant made pursuant to this Act or the amendments made by this Act may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program. 1. Short title; table of contents; references (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. TITLE I—Block grants and grant requirements Sec. 101. Treatment of program income and labor standards. Sec. 102. Environmental review. Sec. 103. Authorization of appropriations. TITLE II—Affordable housing activities Sec. 201. Low-income requirement and income targeting. Sec. 202. Lease requirements and tenant selection. Sec. 203. Self-determined housing activities for tribal communities. Sec. 204. Total development cost maximum project cost. TITLE III—Compliance, audits, and reports Sec. 301. Reports to Congress. TITLE IV—Other housing assistance for Native Americans Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 403. Training and technical assistance. TITLE V—Miscellaneous Sec. 501. Community-based organizations and tribally designated housing entities. Sec. 502. Elimination of limitation on use for Cherokee Nation. Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. Sec. 504. Matching or cost-participation requirement. (c) References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. I Block grants and grant requirements 101. Treatment of program income and labor standards Section 104 ( 25 U.S.C. 4114 (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) Authority to retain (A) In general Notwithstanding any other provision of this Act, a recipient may retain any program income that is realized from any grant amounts under this Act if— (i) the income was realized after the initial disbursement of the grant amounts received by the recipient; and (ii) the recipient has agreed that the recipient will utilize the income for housing related activities in accordance with this Act. (B) Requirements Any income that is realized by a recipient from program income shall— (i) be considered nonprogram income; and (ii) have no restrictions on use. ; and (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Application of tribal laws (A) In general Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if that contract or agreement is otherwise covered by 1 or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe. (B) Wages The prevailing wages described in subparagraph (A) shall apply to the administration of all Federal funding for projects funded in part by funds authorized under this Act. . 102. Environmental review Section 105 (25 U.S.C. 4115) is amended by adding at the end the following: (e) Environmental review Notwithstanding any other provision of law or use of any other source of funding for the project, compliance with the environmental review requirements of this section shall satisfy any other applicable environmental review requirement under any other Federal law (including regulations) required to be carried out by any agency involved in the project. . 103. Authorization of appropriations Section 108 ( 25 U.S.C. 4117 2009 through 2013 2013 through 2018 II Affordable housing activities 201. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (c) Applicability (1) In general The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to— (A) a family or household member who subsequently takes ownership of a homeownership unit; or (B) any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000. (d) Purchase In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement, subject to the condition that the current rental tenant was a low-income family at the time of initial occupancy. . 202. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . 203. Self-determined housing activities for tribal communities Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed. 204. Total development cost maximum project cost Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 25 U.S.C. 4111 III Compliance, audits, and reports 301. Reports to Congress Section 407 (25 U.S.C. 4167) is amended— (1) in subsection (a), by striking Congress Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . IV Other housing assistance for Native Americans 401. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (II) Indian area The term Indian area 25 U.S.C. 4103 (III) Tribal organization The term tribal organization 25 U.S.C. 450b (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near an Indian area. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance, which shall include associated administrative costs, under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. . 402. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) law 403. Training and technical assistance Section 703 ( 25 U.S.C. 4212 of fiscal years 2009 through 2013 fiscal year for which funds are appropriated under section 108. V Miscellaneous 501. Community-based organizations and tribally designated housing entities Title VII ( Public Law 104–330 706. Community-based development organization A tribally designated housing entity shall qualify as a community-based development organization for purposes of the Indian Community Development Block Grant program authorized under section 106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)). . 502. Elimination of limitation on use for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Public Law 110–411; 122 Stat. 4334) is repealed. 503. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 2001, 2002, 2003, 2004, and 2005, 2014, 2015, 2016, 2017, and 2018 504. Matching or cost-participation requirement All funds provided under a grant made pursuant to this Act or the amendments made by this Act may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program. | Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 |
(This measure has not been amended since it was passed by the Senate on December 11, 2014. The summary of that version is repeated here.) Cybersecurity Enhancement Act of 2014 - Title I: Public-Private Collaboration on Cybersecurity - (Sec. 101) Amends the National Institute of Standards and Technology Act to permit the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology (NIST), to facilitate and support the development of a voluntary, consensus-based, industry-led set of standards and procedures to cost-effectively reduce cyber risks to critical infrastructure. Requires the Director, in carrying out such activities, to: (1) coordinate regularly with, and incorporate the industry expertise of, relevant private sector personnel and entities, critical infrastructure owners and operators, sector coordinating councils, Information Sharing and Analysis Centers, and other relevant industry organizations; (2) consult with the heads of agencies with national security responsibilities, sector-specific agencies, state and local governments, governments of other nations, and international organizations; (3) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help identify, assess, and manage cyber risks; and (4) include methodologies to mitigate impacts on business confidentiality, protect individual privacy and civil liberties, incorporate voluntary consensus standards and industry best practices, align with international standards, and prevent duplication of regulatory processes. Prohibits the Director from prescribing a specific solution or requiring that products or services be designed or manufactured in a particular manner. Prohibits information provided to NIST for purposes of developing cyber risk standards from being used by federal, state, tribal, or local agencies to regulate the activity of any entity. Directs the Comptroller General (GAO) to submit biennial reports over a specified period concerning NIST's progress in facilitating the development of such standards and procedures. Requires such reports to address the extent to which such standards: (1) are voluntary and led by industry representatives, (2) have been promoted by federal agencies and adopted by sectors of critical infrastructure, and (3) have protected against cyber threats. Instructs the Comptroller General to include in such reports an assessment of the reasons behind decisions of sectors to adopt or not adopt such standards. Title II: Cybersecurity Research and Development - (Sec. 201) Directs the following agencies, working through the National Science and Technology Council and the Networking and Information Technology Research and Development Program, to develop, and update every four years, a federal cybersecurity research and development strategic plan: Department of Agriculture (USDA), Department of Commerce, Department of Defense (DOD), Department of Education, Department of Energy (DOE), Department of Health and Human Services (HHS), Department of the Interior, Environmental Protection Agency (EPA), National Aeronautics and Space Administration (NASA), National Science Foundation (NSF), and other agencies as the President or the Director of the Office of Science and Technology Policy (OSTP) considers appropriate under the High-Performance Computing Act of 1991. Requires the plan to be based on an assessment of cybersecurity risk to guide the overall direction of federal cybersecurity and information assurance research and development for information technology and networking systems. Directs the agencies to build upon existing programs to meet cybersecurity objectives, such as how to: (1) guarantee individual privacy, verify third-party software and hardware, and address insider threats; (2) determine the origin of messages transmitted over the Internet; and (3) protect information stored using cloud computing or transmitted through wireless services. Requires the plan to describe how agencies will focus on technologies to protect consumer privacy and enhance the security, reliability, resilience, and trustworthiness of the digital infrastructure. Requires the agencies to submit the plan and each update to Congress. Directs the NSF to support cybersecurity research and to review cybersecurity test beds. Permits the NSF, if it determines that additional test beds are necessary, to award grants to institutions of higher education or research and development nonprofit institutions to establish such additional test beds. Requires the OSTP to coordinate with other ongoing research initiatives. Amends the Cyber Security Research and Development Act to permit NSF research and development grants for: (1) secure fundamental protocols that are integral to inter-network communications and data exchange; (2) secure software engineering and software assurance; (3) holistic system security to address trusted and untrusted components, reduce vulnerabilities proactively, address insider threats, and support privacy; (4) monitoring, detection, mitigation, and rapid recovery methods; and (5) secure wireless networks, mobile devices, and cloud infrastructure. Directs specified agencies under the High-Performance Computing Act of 1991 to support research leading to a scientific foundation for the field of cybersecurity. (Sec. 202) Expands the criteria to be considered by the NSF when evaluating grant applications of institutions seeking to establish Centers for Computer and Network Security Research to include: (1) the applicant's affiliations with private sector entities and existing federal research programs; (2) experience managing public-private partnerships; (3) capabilities to conduct interdisciplinary cybersecurity research in a secure environment; and (4) research in areas such as systems security, wireless security, networking and protocols, formal methods and high-performance computing, nanotechnology, or industrial control systems. (Sec. 203) Revises provisions under the Cyber Security Research and Development Act concerning NIST's development and dissemination of security risk checklists associated with computer systems that are, or are likely to become, widely used within the federal government. Requires NIST to establish priorities for the development, and revision as necessary, of security automation standards, associated reference materials (including protocols), and checklists associated with such systems in order to enable standardized and interoperable technologies, architectures, and frameworks to continuously monitor information security within the federal government. Instructs NIST to ensure that federal agencies are informed of the availability of such standards, reference materials, or checklists. (Sec. 204) Requires NIST to conduct intramural security research activities under its computing standards program. Title III: Education and Workforce Development - (Sec. 301) Directs the Department of Commerce, NSF, and the Department of Homeland Security (DHS) to support competitions and challenges to recruit individuals to perform information technology security duties or to stimulate cybersecurity innovations. Authorizes the Office of Personnel Management (OPM) to support internships or other work experience in the federal government for the winners of such competitions and challenges. (Sec. 302) Directs NSF to continue the Federal Cyber Scholarship-for-Service program under which recipients agree to work in the cybersecurity mission of a federal, state, local, or tribal agency for a period equal to the length of their scholarship. Limits each scholarship to a maximum of three years. Requires NSF to evaluate and report periodically to Congress on: (1) the success of recruiting individuals for such scholarships, and (2) hiring and retaining those individuals in the public sector workforce. Title IV: Cybersecurity Awareness and Preparedness - (Sec. 401) Directs NIST to continue coordinating a national cybersecurity awareness and education program to: (1) disseminate technical standards and make best practices usable by individuals, small to medium-sized businesses, educational institutions, and state, local, and tribal governments; (2) increase public awareness and understanding of cybersecurity; (3) support education programs; and (4) evaluate workforce needs. Requires NIST to develop a strategic plan to guide federal activities in support of such program. Directs NIST to transmit such plan to Congress every five years. Title V: Advancement of Cybersecurity Technical Standards - (Sec. 502) Requires NIST to ensure the coordination of federal agencies engaged in the development of international technical standards related to information system security. Requires the development and transmittal to Congress of a plan to ensure coordination by such federal agencies. Instructs NIST to ensure consultation with appropriate private sector stakeholders. (Sec. 503) Requires NIST, in coordination with OMB and in collaboration with the Federal Chief Information Officers Council, to continue to develop and encourage implementation of a comprehensive strategy for the use and adoption of cloud computing services by the federal government. Requires consideration to be given to activities that: (1) accelerate the development, in collaboration with the private sector, of standards that address the interoperability and portability of cloud computing services; (2) advance the development of conformance testing performed by the private sector in support of cloud computing standardization; and (3) support, in consultation with the private sector, the development of appropriate security frameworks and reference materials, and the identification of best practices, for federal agencies to use in addressing security and privacy requirements. (Sec. 504) Requires NIST to continue a program to support the development of voluntary and cost-effective technical standards, metrology, testbeds, and conformance criteria with regard to identity management research and development. | S1353 ENR: Cybersecurity Enhancement Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 1353 IN THE SENATE OF THE UNITED STATES AN ACT To provide for an ongoing, voluntary public-private partnership to improve cybersecurity, and to strengthen cybersecurity research and development, workforce development and education, and public awareness and preparedness, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Cybersecurity Enhancement Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. No regulatory authority. Sec. 4. No additional funds authorized. TITLE I—Public-private collaboration on cybersecurity Sec. 101. Public-private collaboration on cybersecurity. TITLE II—Cybersecurity research and development Sec. 201. Federal cybersecurity research and development. Sec. 202. Computer and network security research centers. Sec. 203. Cybersecurity automation and checklists for government systems. Sec. 204. National Institute of Standards and Technology cybersecurity research and development. TITLE III—Education and Workforce Development Sec. 301. Cybersecurity competitions and challenges. Sec. 302. Federal cyber scholarship-for-service program. TITLE IV—Cybersecurity Awareness and Preparedness Sec. 401. National cybersecurity awareness and education program. TITLE V—Advancement of cybersecurity technical standards Sec. 501. Definitions. Sec. 502. International cybersecurity technical standards. Sec. 503. Cloud computing strategy. Sec. 504. Identity management research and development. 2. Definitions In this Act: (1) Cybersecurity mission The term cybersecurity mission (2) Information system The term information system section 3502 3. No regulatory authority Nothing in this Act shall be construed to confer any regulatory authority on any Federal, State, tribal, or local department or agency. 4. No additional funds authorized No additional funds are authorized to carry out this Act, and the amendments made by this Act. This Act, and the amendments made by this Act, shall be carried out using amounts otherwise authorized or appropriated. I Public-private collaboration on cybersecurity 101. Public-private collaboration on cybersecurity (a) Cybersecurity Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended— (1) by redesignating paragraphs (15) through (22) as paragraphs (16) through (23), respectively; and (2) by inserting after paragraph (14) the following: (15) on an ongoing basis, facilitate and support the development of a voluntary, consensus-based, industry-led set of standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively reduce cyber risks to critical infrastructure (as defined under subsection (e)); . (b) Scope and limitations Section 2 of the National Institute of Standards and Technology Act ( 15 U.S.C. 272 (e) Cyber risks (1) In general In carrying out the activities under subsection (c)(15), the Director— (A) shall— (i) coordinate closely and regularly with relevant private sector personnel and entities, critical infrastructure owners and operators, and other relevant industry organizations, including Sector Coordinating Councils and Information Sharing and Analysis Centers, and incorporate industry expertise; (ii) consult with the heads of agencies with national security responsibilities, sector-specific agencies and other appropriate agencies, State and local governments, the governments of other nations, and international organizations; (iii) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help them identify, assess, and manage cyber risks; (iv) include methodologies— (I) to identify and mitigate impacts of the cybersecurity measures or controls on business confidentiality; and (II) to protect individual privacy and civil liberties; (v) incorporate voluntary consensus standards and industry best practices; (vi) align with voluntary international standards to the fullest extent possible; (vii) prevent duplication of regulatory processes and prevent conflict with or superseding of regulatory requirements, mandatory standards, and related processes; and (viii) include such other similar and consistent elements as the Director considers necessary; and (B) shall not prescribe or otherwise require— (i) the use of specific solutions; (ii) the use of specific information or communications technology products or services; or (iii) that information or communications technology products or services be designed, developed, or manufactured in a particular manner. (2) Limitation Information shared with or provided to the Institute for the purpose of the activities described under subsection (c)(15) shall not be used by any Federal, State, tribal, or local department or agency to regulate the activity of any entity. Nothing in this paragraph shall be construed to modify any regulatory requirement to report or submit information to a Federal, State, tribal, or local department or agency. (3) Definitions In this subsection: (A) Critical infrastructure The term critical infrastructure 42 U.S.C. 5195c(e) (B) Sector-specific agency The term sector-specific agency . (c) Study and reports (1) Study The Comptroller General of the United States shall conduct a study that assesses— (A) the progress made by the Director of the National Institute of Standards and Technology in facilitating the development of standards and procedures to reduce cyber risks to critical infrastructure in accordance with section 2(c)(15) of the National Institute of Standards and Technology Act, as added by this section; (B) the extent to which the Director's facilitation efforts are consistent with the directive in such section that the development of such standards and procedures be voluntary and led by industry representatives; (C) the extent to which other Federal agencies have promoted and sectors of critical infrastructure (as defined in section 1016(e) of the USA PATRIOT Act of 2001 ( 42 U.S.C. 5195c(e) (D) the reasons behind the decisions of sectors of critical infrastructure (as defined in subparagraph (C)) to adopt or to not adopt the voluntary standards described in subparagraph (C); and (E) the extent to which such voluntary standards have proved successful in protecting critical infrastructure from cyber threats. (2) Reports Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the following 6 years, the Comptroller General shall submit a report, which summarizes the findings of the study conducted under paragraph (1), to the Committee on Commerce, Science, and Transportation of the Senate Committee on Science, Space, and Technology of the House of Representatives II Cybersecurity research and development 201. Federal cybersecurity research and development (a) Fundamental cybersecurity research (1) Federal cybersecurity research and development strategic plan The heads of the applicable agencies and departments, working through the National Science and Technology Council and the Networking and Information Technology Research and Development Program, shall develop and update every 4 years a Federal cybersecurity research and development strategic plan (referred to in this subsection as the strategic plan (A) how to design and build complex software-intensive systems that are secure and reliable when first deployed; (B) how to test and verify that software and hardware, whether developed locally or obtained from a third party, is free of significant known security flaws; (C) how to test and verify that software and hardware obtained from a third party correctly implements stated functionality, and only that functionality; (D) how to guarantee the privacy of an individual, including that individual's identity, information, and lawful transactions when stored in distributed systems or transmitted over networks; (E) how to build new protocols to enable the Internet to have robust security as one of the key capabilities of the Internet; (F) how to determine the origin of a message transmitted over the Internet; (G) how to support privacy in conjunction with improved security; (H) how to address the problem of insider threats; (I) how improved consumer education and digital literacy initiatives can address human factors that contribute to cybersecurity; (J) how to protect information processed, transmitted, or stored using cloud computing or transmitted through wireless services; and (K) any additional objectives the heads of the applicable agencies and departments, in coordination with the head of any relevant Federal agency and with input from stakeholders, including appropriate national laboratories, industry, and academia, determine appropriate. (2) Requirements (A) Contents of plan The strategic plan shall— (i) specify and prioritize near-term, mid-term, and long-term research objectives, including objectives associated with the research identified in section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) (ii) specify how the near-term objectives described in clause (i) complement research and development areas in which the private sector is actively engaged; (iii) describe how the heads of the applicable agencies and departments will focus on innovative, transformational technologies with the potential to enhance the security, reliability, resilience, and trustworthiness of the digital infrastructure, and to protect consumer privacy; (iv) describe how the heads of the applicable agencies and departments will foster the rapid transfer of research and development results into new cybersecurity technologies and applications for the timely benefit of society and the national interest, including through the dissemination of best practices and other outreach activities; (v) describe how the heads of the applicable agencies and departments will establish and maintain a national research infrastructure for creating, testing, and evaluating the next generation of secure networking and information technology systems; and (vi) describe how the heads of the applicable agencies and departments will facilitate access by academic researchers to the infrastructure described in clause (v), as well as to relevant data, including event data. (B) Private sector efforts In developing, implementing, and updating the strategic plan, the heads of the applicable agencies and departments, working through the National Science and Technology Council and Networking and Information Technology Research and Development Program, shall work in close cooperation with industry, academia, and other interested stakeholders to ensure, to the extent possible, that Federal cybersecurity research and development is not duplicative of private sector efforts. (C) Recommendations In developing and updating the strategic plan the heads of the applicable agencies and departments shall solicit recommendations and advice from— (i) the advisory committee established under section 101(b)(1) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(b)(1) (ii) a wide range of stakeholders, including industry, academia, including representatives of minority serving institutions and community colleges, National Laboratories, and other relevant organizations and institutions. (D) Implementation roadmap The heads of the applicable agencies and departments, working through the National Science and Technology Council and Networking and Information Technology Research and Development Program, shall develop and annually update an implementation roadmap for the strategic plan. The implementation roadmap shall— (i) specify the role of each Federal agency in carrying out or sponsoring research and development to meet the research objectives of the strategic plan, including a description of how progress toward the research objectives will be evaluated; (ii) specify the funding allocated to each major research objective of the strategic plan and the source of funding by agency for the current fiscal year; (iii) estimate the funding required for each major research objective of the strategic plan for the following 3 fiscal years; and (iv) track ongoing and completed Federal cybersecurity research and development projects. (3) Reports to Congress The heads of the applicable agencies and departments, working through the National Science and Technology Council and Networking and Information Technology Research and Development Program, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives— (A) the strategic plan not later than 1 year after the date of enactment of this Act; (B) each quadrennial update to the strategic plan; and (C) the implementation roadmap under subparagraph (D), and its annual updates, which shall be appended to the annual report required under section 101(a)(2)(D) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(2)(D) (4) Definition of applicable agencies and departments In this subsection, the term applicable agencies and departments 15 U.S.C. 5511(a)(3)(B) (b) Cybersecurity practices research The Director of the National Science Foundation shall support research that— (1) develops, evaluates, disseminates, and integrates new cybersecurity practices and concepts into the core curriculum of computer science programs and of other programs where graduates of such programs have a substantial probability of developing software after graduation, including new practices and concepts relating to secure coding education and improvement programs; and (2) develops new models for professional development of faculty in cybersecurity education, including secure coding development. (c) Cybersecurity modeling and test beds (1) Review Not later than 1 year after the date of enactment of this Act, the Director of the National Science Foundation, in coordination with the Director of the Office of Science and Technology Policy, shall conduct a review of cybersecurity test beds in existence on the date of enactment of this Act to inform the grants under paragraph (2). The review shall include an assessment of whether a sufficient number of cybersecurity test beds are available to meet the research needs under the Federal cybersecurity research and development strategic plan. Upon completion, the Director shall submit the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (2) Additional cybersecurity modeling and test beds (A) In general If the Director of the National Science Foundation, after the review under paragraph (1), determines that the research needs under the Federal cybersecurity research and development strategic plan require the establishment of additional cybersecurity test beds, the Director of the National Science Foundation, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, may award grants to institutions of higher education or research and development non-profit institutions to establish cybersecurity test beds. (B) Requirement The cybersecurity test beds under subparagraph (A) shall be sufficiently robust in order to model the scale and complexity of real-time cyber attacks and defenses on real world networks and environments. (C) Assessment required The Director of the National Science Foundation, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, shall evaluate the effectiveness of any grants awarded under this subsection in meeting the objectives of the Federal cybersecurity research and development strategic plan not later than 2 years after the review under paragraph (1) of this subsection, and periodically thereafter. (d) Coordination With Other Research Initiatives In accordance with the responsibilities under section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511), the Director of the Office of Science and Technology Policy shall coordinate, to the extent practicable, Federal research and development activities under this section with other ongoing research and development security-related initiatives, including research being conducted by— (1) the National Science Foundation; (2) the National Institute of Standards and Technology; (3) the Department of Homeland Security; (4) other Federal agencies; (5) other Federal and private research laboratories, research entities, and universities; (6) institutions of higher education; (7) relevant nonprofit organizations; and (8) international partners of the United States. (e) National Science Foundation Computer and Network Security Research Grant Areas Section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) (1) in subparagraph (H), by striking and (2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (J) secure fundamental protocols that are integral to inter-network communications and data exchange; (K) secure software engineering and software assurance, including— (i) programming languages and systems that include fundamental security features; (ii) portable or reusable code that remains secure when deployed in various environments; (iii) verification and validation technologies to ensure that requirements and specifications have been implemented; and (iv) models for comparison and metrics to assure that required standards have been met; (L) holistic system security that— (i) addresses the building of secure systems from trusted and untrusted components; (ii) proactively reduces vulnerabilities; (iii) addresses insider threats; and (iv) supports privacy in conjunction with improved security; (M) monitoring and detection; (N) mitigation and rapid recovery methods; (O) security of wireless networks and mobile devices; and (P) security of cloud infrastructure and services. . (f) Research on the science of cybersecurity The head of each agency and department identified under section 101(a)(3)(B) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(3)(B) 202. Computer and network security research centers Section 4(b) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(b) (1) in paragraph (3), by striking the research areas improving the security and resiliency of information technology, reducing cyber vulnerabilities, and anticipating and mitigating consequences of cyber attacks on critical infrastructure, by conducting research in the areas (2) by striking the center the Center (3) in paragraph (5)— (A) by striking and (B) by striking the period at the end of subparagraph (D) and inserting a semicolon; and (C) by adding at the end the following: (E) the demonstrated capability of the applicant to conduct high performance computation integral to complex computer and network security research, through on-site or off-site computing; (F) the applicant's affiliation with private sector entities involved with industrial research described in subsection (a)(1); (G) the capability of the applicant to conduct research in a secure environment; (H) the applicant's affiliation with existing research programs of the Federal Government; (I) the applicant's experience managing public-private partnerships to transition new technologies into a commercial setting or the government user community; (J) the capability of the applicant to conduct interdisciplinary cybersecurity research, basic and applied, such as in law, economics, or behavioral sciences; and (K) the capability of the applicant to conduct research in areas such as systems security, wireless security, networking and protocols, formal methods and high-performance computing, nanotechnology, or industrial control systems. . 203. Cybersecurity automation and checklists for government systems Section 8(c) of the Cyber Security Research and Development Act ( 15 U.S.C. 7406(c) (c) Security automation and checklists for government systems (1) In general The Director of the National Institute of Standards and Technology shall, as necessary, develop and revise security automation standards, associated reference materials (including protocols), and checklists providing settings and option selections that minimize the security risks associated with each information technology hardware or software system and security tool that is, or is likely to become, widely used within the Federal Government, thereby enabling standardized and interoperable technologies, architectures, and frameworks for continuous monitoring of information security within the Federal Government. (2) Priorities for development The Director of the National Institute of Standards and Technology shall establish priorities for the development of standards, reference materials, and checklists under this subsection on the basis of— (A) the security risks associated with the use of the system; (B) the number of agencies that use a particular system or security tool; (C) the usefulness of the standards, reference materials, or checklists to Federal agencies that are users or potential users of the system; (D) the effectiveness of the associated standard, reference material, or checklist in creating or enabling continuous monitoring of information security; or (E) such other factors as the Director of the National Institute of Standards and Technology determines to be appropriate. (3) Excluded systems The Director of the National Institute of Standards and Technology may exclude from the application of paragraph (1) any information technology hardware or software system or security tool for which such Director determines that the development of a standard, reference material, or checklist is inappropriate because of the infrequency of use of the system, the obsolescence of the system, or the lack of utility or impracticability of developing a standard, reference material, or checklist for the system. (4) Dissemination of standards and related materials The Director of the National Institute of Standards and Technology shall ensure that Federal agencies are informed of the availability of any standard, reference material, checklist, or other item developed under this subsection. (5) Agency use requirements The development of standards, reference materials, and checklists under paragraph (1) for an information technology hardware or software system or tool does not— (A) require any Federal agency to select the specific settings or options recommended by the standard, reference material, or checklist for the system; (B) establish conditions or prerequisites for Federal agency procurement or deployment of any such system; (C) imply an endorsement of any such system by the Director of the National Institute of Standards and Technology; or (D) preclude any Federal agency from procuring or deploying other information technology hardware or software systems for which no such standard, reference material, or checklist has been developed or identified under paragraph (1). . 204. National Institute of Standards and Technology cybersecurity research and development Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Intramural Security Research As part of the research activities conducted in accordance with subsection (d)(3), the Institute shall, to the extent practicable and appropriate— (1) conduct a research program to develop a unifying and standardized identity, privilege, and access control management framework for the execution of a wide variety of resource protection policies and that is amenable to implementation within a wide variety of existing and emerging computing environments; (2) carry out research associated with improving the security of information systems and networks; (3) carry out research associated with improving the testing, measurement, usability, and assurance of information systems and networks; (4) carry out research associated with improving security of industrial control systems; (5) carry out research associated with improving the security and integrity of the information technology supply chain; and (6) carry out any additional research the Institute determines appropriate. . III Education and Workforce Development 301. Cybersecurity competitions and challenges (a) In general The Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, shall— (1) support competitions and challenges under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 (A) to identify, develop, and recruit talented individuals to perform duties relating to the security of information technology in Federal, State, local, and tribal government agencies, and the private sector; or (B) to stimulate innovation in basic and applied cybersecurity research, technology development, and prototype demonstration that has the potential for application to the information technology activities of the Federal Government; and (2) ensure the effective operation of the competitions and challenges under this section. (b) Participation Participants in the competitions and challenges under subsection (a)(1) may include— (1) students enrolled in grades 9 through 12; (2) students enrolled in a postsecondary program of study leading to a baccalaureate degree at an institution of higher education; (3) students enrolled in a postbaccalaureate program of study at an institution of higher education; (4) institutions of higher education and research institutions; (5) veterans; and (6) other groups or individuals that the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security determine appropriate. (c) Affiliation and cooperative agreements Competitions and challenges under this section may be carried out through affiliation and cooperative agreements with— (1) Federal agencies; (2) regional, State, or school programs supporting the development of cyber professionals; (3) State, local, and tribal governments; or (4) other private sector organizations. (d) Areas of skill Competitions and challenges under subsection (a)(1)(A) shall be designed to identify, develop, and recruit exceptional talent relating to— (1) ethical hacking; (2) penetration testing; (3) vulnerability assessment; (4) continuity of system operations; (5) security in design; (6) cyber forensics; (7) offensive and defensive cyber operations; and (8) other areas the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security consider necessary to fulfill the cybersecurity mission. (e) Topics In selecting topics for competitions and challenges under subsection (a)(1), the Secretary of Commerce, Director of the National Science Foundation, and Secretary of Homeland Security— (1) shall consult widely both within and outside the Federal Government; and (2) may empanel advisory committees. (f) Internships The Director of the Office of Personnel Management may support, as appropriate, internships or other work experience in the Federal Government to the winners of the competitions and challenges under this section. 302. Federal cyber scholarship-for-service program (a) In general The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security, shall continue a Federal cyber scholarship-for-service program to recruit and train the next generation of information technology professionals, industrial control system security professionals, and security managers to meet the needs of the cybersecurity mission for Federal, State, local, and tribal governments. (b) Program description and components The Federal Cyber Scholarship-for-Service Program shall— (1) provide scholarships through qualified institutions of higher education, including community colleges, to students who are enrolled in programs of study at institutions of higher education leading to degrees or specialized program certifications in the cybersecurity field; (2) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal information technology workforce; and (3) prioritize the employment placement of scholarship recipients in the Federal Government. (c) Scholarship amounts Each scholarship under subsection (b) shall be in an amount that covers the student's tuition and fees at the institution under subsection (b)(1) for not more than 3 years and provides the student with an additional stipend. (d) Post-award employment obligations Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work in the cybersecurity mission of a Federal, State, local, or tribal agency for a period equal to the length of the scholarship following receipt of the student's degree. (e) Hiring authority (1) Appointment in excepted service Notwithstanding any provision of chapter 33 (2) Noncompetitive conversion Except as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be converted noncompetitively to term, career-conditional or career appointment. (3) Timing of conversion An agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires. (4) Authority to decline conversion An agency may decline to make the noncompetitive conversion or appointment under paragraph (2) for cause. (f) Eligibility To be eligible to receive a scholarship under this section, an individual shall— (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in improving the security of information technology; (3) have demonstrated a high level of proficiency in mathematics, engineering, or computer sciences; (4) be a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director of the National Science Foundation; and (5) accept the terms of a scholarship under this section. (g) Conditions of support (1) In general As a condition of receiving a scholarship under this section, a recipient shall agree to provide the qualified institution of higher education with annual verifiable documentation of post-award employment and up-to-date contact information. (2) Terms A scholarship recipient under this section shall be liable to the United States as provided in subsection (i) if the individual— (A) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Director of the National Science Foundation; (B) is dismissed from the applicable institution of higher education for disciplinary reasons; (C) withdraws from the eligible degree program before completing the program; (D) declares that the individual does not intend to fulfill the post-award employment obligation under this section; or (E) fails to fulfill the post-award employment obligation of the individual under this section. (h) Monitoring compliance As a condition of participating in the program, a qualified institution of higher education shall— (1) enter into an agreement with the Director of the National Science Foundation, to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and (2) provide to the Director of the National Science Foundation, on an annual basis, the post-award employment documentation required under subsection (g)(1) for scholarship recipients through the completion of their post-award employment obligations. (i) Amount of repayment (1) Less than 1 year of service If a circumstance described in subsection (g)(2) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall— (A) be repaid; or (B) be treated as a loan to be repaid in accordance with subsection (j). (2) 1 or more years of service If a circumstance described in subparagraph (D) or (E) of subsection (g)(2) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall— (A) be repaid; or (B) be treated as a loan to be repaid in accordance with subsection (j). (j) Repayments A loan described subsection (i) shall— (1) be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (2) be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director of the National Science Foundation (in consultation with the Secretary of Education) in regulations promulgated to carry out this subsection. (k) Collection of repayment (1) In general In the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall— (A) determine the repayment amounts and notify the recipient and the Director of the National Science Foundation of the amounts owed; and (B) collect the repayment amounts within a period of time as determined by the Director of the National Science Foundation, or the repayment amounts shall be treated as a loan in accordance with subsection (j). (2) Returned to Treasury Except as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States. (3) Retain percentage A qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director of the National Science Foundation shall establish a single, fixed percentage that will apply to all eligible entities. (l) Exceptions The Director of the National Science Foundation may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (m) Evaluation and report The Director of the National Science Foundation shall evaluate and report periodically to Congress on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector workforce. IV Cybersecurity Awareness and Preparedness 401. National cybersecurity awareness and education program (a) National cybersecurity awareness and education program The Director of the National Institute of Standards and Technology (referred to in this section as the Director (1) the widespread dissemination of cybersecurity technical standards and best practices identified by the Director; (2) efforts to make cybersecurity best practices usable by individuals, small to medium-sized businesses, educational institutions, and State, local, and tribal governments; (3) increasing public awareness of cybersecurity, cyber safety, and cyber ethics; (4) increasing the understanding of State, local, and tribal governments, institutions of higher education, and private sector entities of— (A) the benefits of ensuring effective risk management of information technology versus the costs of failure to do so; and (B) the methods to mitigate and remediate vulnerabilities; (5) supporting formal cybersecurity education programs at all education levels to prepare and improve a skilled cybersecurity and computer science workforce for the private sector and Federal, State, local, and tribal government; and (6) promoting initiatives to evaluate and forecast future cybersecurity workforce needs of the Federal Government and develop strategies for recruitment, training, and retention. (b) Considerations In carrying out the authority described in subsection (a), the Director, in consultation with appropriate Federal agencies, shall leverage existing programs designed to inform the public of safety and security of products or services, including self-certifications and independently verified assessments regarding the quantification and valuation of information security risk. (c) Strategic plan The Director, in cooperation with relevant Federal agencies and other stakeholders, shall build upon programs and plans in effect as of the date of enactment of this Act to develop and implement a strategic plan to guide Federal programs and activities in support of the national cybersecurity awareness and education program under subsection (a). (d) Report Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director shall transmit the strategic plan under subsection (c) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. V Advancement of cybersecurity technical standards 501. Definitions In this title: (1) Director The term Director (2) Institute The term Institute 502. International cybersecurity technical standards (a) In general The Director, in coordination with appropriate Federal authorities, shall— (1) as appropriate, ensure coordination of Federal agencies engaged in the development of international technical standards related to information system security; and (2) not later than 1 year after the date of enactment of this Act, develop and transmit to Congress a plan for ensuring such Federal agency coordination. (b) Consultation with the private sector In carrying out the activities specified in subsection (a)(1), the Director shall ensure consultation with appropriate private sector stakeholders. 503. Cloud computing strategy (a) In general The Director, in coordination with the Office of Management and Budget, in collaboration with the Federal Chief Information Officers Council, and in consultation with other relevant Federal agencies and stakeholders from the private sector, shall continue to develop and encourage the implementation of a comprehensive strategy for the use and adoption of cloud computing services by the Federal Government. (b) Activities In carrying out the strategy described under subsection (a), the Director shall give consideration to activities that— (1) accelerate the development, in collaboration with the private sector, of standards that address interoperability and portability of cloud computing services; (2) advance the development of conformance testing performed by the private sector in support of cloud computing standardization; and (3) support, in coordination with the Office of Management and Budget, and in consultation with the private sector, the development of appropriate security frameworks and reference materials, and the identification of best practices, for use by Federal agencies to address security and privacy requirements to enable the use and adoption of cloud computing services, including activities— (A) to ensure the physical security of cloud computing data centers and the data stored in such centers; (B) to ensure secure access to the data stored in cloud computing data centers; (C) to develop security standards as required under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 (D) to support the development of the automation of continuous monitoring systems. 504. Identity management research and development The Director shall continue a program to support the development of voluntary and cost-effective technical standards, metrology, testbeds, and conformance criteria, taking into account appropriate user concerns— (1) to improve interoperability among identity management technologies; (2) to strengthen authentication methods of identity management systems; (3) to improve privacy protection in identity management systems, including health information technology systems, through authentication and security protocols; and (4) to improve the usability of identity management systems. Speaker of the House of Representatives Vice President of the United States and President of the Senate | Cybersecurity Enhancement Act of 2014 |
Improper Payments Agency Cooperation Enhancement Act of 2014 - (Sec. 2) Amends title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to direct the Commissioner of the Social Security Administration (SSA) to: (1) provide information on all deceased individuals that is furnished to or maintained by the Commissioner, subject to appropriate safeguards against unauthorized use or disclosure, to federal or state agencies providing benefits or administering a federal program; and (2) provide for the use of such information by federal agencies to operate the Do Not Pay working system and to carry out tax administration or debt collection duties. Requires the Director of the Office of Management and Budget (OMB) to analyze and report to Congress on potential alternative sources of death data maintained by non-federal sources. (Sec. 3) Requires the Secretaries of State and Defense, in coordination with the SSA Commissioner, to establish a procedure for submitting to the Commissioner information on the deaths of individuals. Requires the OMB Director to: (1) issue guidance to agencies that operate or maintain a database of information relating to beneficiaries, annuity recipients, or other purposes for which improved data matching with databases would be relevant and necessary; (2) develop a plan to assist states and local agencies, and Indian tribes and organizations, to provide information, in an electronic format, to the federal government on the deaths of individuals; and (3) submit to Congress a plan to improve data matching with the federal government on the death of individuals who are benefit recipients and to submit an annual report on the implementation of such requirements. (Sec. 4) Extends the availability of the Do Not Pay Initiative to the legislative and judicial branches and to the states. (Sec. 5) Requires the Secretary of the Treasury to report to Congress on: (1) data analytics performed as part of the Do Not Pay Initiative to prevent and recover improper and duplicative payments, and (2) the metrics used in determining whether analytic and investigatory efforts have helped to reduce improper payments or awards. | 113 S1360 ES: Improper Payments Agency Cooperation Enhancement Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 1360 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Improper Payments Elimination and Recovery Improvement Act of 2012, including making changes to the Do Not Pay initiative, for improved detection, prevention, and recovery of improper payments to deceased individuals, and for other purposes. 1. Short title This Act may be cited as the Improper Payments Agency Cooperation Enhancement Act of 2014 2. Distribution of death information furnished to or maintained by the social security administration (a) In general (1) In general Section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) (A) in paragraph (2)— (i) by striking may shall (ii) by inserting , and to ensure the completeness, timeliness, and accuracy of, transmitting (B) by striking paragraphs (3), (4), and (5) and inserting the following: (3) (A) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection in accordance with subparagraph (B), subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, by any Federal or State agency providing federally-funded benefits or administering a Federal program for such benefits, including the agency operating the Do Not Pay working system for ensuring proper payment of those benefits, through a cooperative arrangement with the agency (that includes the agency's Inspector General) or with an agency's Inspector General, if— (i) under such arrangement the agency (including, if applicable, the agency's Inspector General) provides reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1), and (ii) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1). (B) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, through a cooperative arrangement in order for a Federal agency to carry out any of the following purposes, if the requirements of clauses (i) and (ii) of subparagraph (A) are met: (i) Operating the Do Not Pay working system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012. Under such arrangement, the agency operating the working system may compare death information disclosed by the Commissioner with personally identifiable information reviewed through the working system, and may redisclose such comparison of information, as appropriate, to any Federal or State agency authorized to use the working system. (ii) To ensure proper payments under a Federal program or the proper payment of federally-funded benefits, including for purposes of payment certification, payment disbursement, and the prevention, identification, or recoupment of improper payments. (iii) To carry out tax administration or debt collection duties of the agency. (iv) For use by any policing agency of the Federal Government with the principle function of prevention, detection, or investigation of crime or the apprehension of alleged offenders. (4) The Commissioner of Social Security may enter into similar arrangements with States to provide information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, for any of the purposes specified in paragraph (3)(B), for use by States in programs wholly funded by the States, or for use in the administration of a benefit pension plan or retirement system for employees of a State or a political subdivision thereof, if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the terms retirement system political subdivision (5) The Commissioner of Social Security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical purposes and research activities by Federal and State agencies if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the term statistical purposes ; and (C) in paragraph (8)(A)(i), by striking subparagraphs (A) and (B) of paragraph (3) clauses (i) and (ii) of paragraph (3)(A) (2) Repeal Effective on the date that is 5 years after the date of enactment of this Act, the amendments made by this subsection to paragraphs (3), (4), (5), and (8) of section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) 42 U.S.C. 605(r) (b) Amendment to internal revenue code Section 6103(d)(4) (1) in subparagraphs (A) and (B), by striking Secretary of Health and Human Services Commissioner of Social Security (2) in subparagraph (B)(ii), by striking such Secretary deceased individuals. such Commissioner pursuant to such contract, except that such contract may provide that such information is only to be used by the Social Security Administration (or any other Federal agency) for purposes authorized in the Social Security Act or this title. (c) Report to Congress on alternative sources of death data (1) Requirements The Director of the Office of Management and Budget shall conduct a review of potential alternative sources of death data maintained by the non-Federal sources, including sources maintained by State agencies or associations of State agencies, for use by Federal agencies and programs. The review shall include analyses of— (A) the accuracy and completeness of such data; (B) interoperability of such data; (C) the extent to which there is efficient accessability of such data by Federal agencies; (D) the cost to Federal agencies of accessing and maintaining such data; (E) the security of such data; (F) the reliability of such data; and (G) a comparison of the potential alternate sources of death data to the death data distributed by the Commissioner of Social Security. (2) Report Not later than 4 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress on the results of the review and analyses required under paragraph (1). The report shall include a recommendation by the Director of the Office of Management and Budget regarding whether to extend the agency access to death data distributed by the Commissioner of Social Security provided under the amendments made by subsection (a)(1) beyond the date on which such amendments are to be repealed under subsection (a)(2). 3. Improving the sharing and use of data by government agencies to curb improper payments The Improper Payments Elimination and Recovery Improvement Act of 2012 ( 31 U.S.C. 3321 (1) in section 5— (A) in subsection (a)(2), by striking subparagraph (A) and inserting the following: (A) The death records maintained by the Commissioner of the Social Security Administration. ; and (B) in subsection (b)— (i) by redesignating paragraph (5) as paragraph (6); and (ii) by inserting after paragraph (4) the following: (5) Use of death and prisoner information The Commissioner of Social Security, and the head of any other agency that obtains information on deaths or incarcerated individuals directly from the Commissioner of Social Security pursuant to an agreement under section 205(r) or sections 202(x) and 1611(e) of the Social Security Act ( 42 U.S.C. 405(r) ; and (2) by adding at the end the following: 7. Improving the use of death data by government agencies (a) Prompt reporting of death information by the Department of State and the Department of Defense Not later than 1 year after the date of enactment of this section, the Secretary of State and the Secretary of Defense, in coordination with the Commissioner of Social Security, shall establish a procedure under which each Secretary shall, promptly and on a regular basis, submit to the Commissioner information relating to the deaths of individuals. The Commissioner shall, to the extent feasible, provide for the use of death information submitted under this subsection for the purpose specified in clause (i) of section 205(r)(3)(B) of the Social Security Act (42 U.S.C. 405(r)(3)(B)). (b) Guidance by the office of management and budget (1) Guidance to agencies Not later than 6 months after the date of enactment of this section, and in consultation with the Council of Inspectors General on Integrity and Efficiency and the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, the Director of the Office of Management and Budget shall issue guidance for each agency or component of an agency that operates or maintains a database of information relating to beneficiaries, annuity recipients, or any purpose described in section 205(r)(3)(B) of the Social Security Act ( 42 U.S.C. 405(r)(3)(B) death databases (2) Plan to assist States and local agencies and Indian tribes and tribal organizations Not later than 1 year after the date of enactment of this section, the Director of the Office of Management and Budget shall develop a plan to assist States and local agencies, and Indian tribes and tribal organizations, in providing electronically to the Federal Government records relating to the death of individuals, which may include recommendations to Congress for any statutory changes or financial assistance to States and local agencies and Indian tribes and tribal organizations that are necessary to ensure States and local agencies and Indian tribes and tribal organizations can provide such records electronically. The plan may include recommendations for the authorization of appropriations or other funding to carry out the plan. (c) Reports (1) Report to congress on improving data matching regarding payments to deceased individuals Not later than 270 days after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the heads of other relevant Federal agencies, and in consultation with States and local agencies, Indian tribes and tribal organizations, shall submit to Congress a plan to improve how States and local agencies and Indian tribes and tribal organizations that provide benefits under a federally-funded program will improve data matching with the Federal Government with respect to the death of individuals who are recipients of such benefits. (2) Annual report Not later than 1 year after the date of enactment of this section, and for each of the 4 succeeding years, the Director of the Office of Management and Budget shall submit to Congress a report regarding the implementation of this section. The first report submitted under this paragraph shall include the recommendations of the Director required under subsection (b)(2). (d) Definitions In this section, the terms Indian tribe tribal organization 25 U.S.C. 450b . 4. Availability of the Do Not Pay Initiative to the judicial and legislative branches and states Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note), as amended by section 3, is further amended— (1) in subsection (b)(3)— (A) in the paragraph heading, by striking by agencies (B) by adding at the end the following: States and any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code), shall have access to, and use of, the Do Not Pay Initiative to verify payment or award eligibility for payments (as defined in section (2)(g)(3) of the Improper Payments Information Act of 2002, 31 U.S.C. 3321 note) when, with respect to a State, the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for that State and any contractor, subcontractor, or agent of the State, and, with respect to the judicial and legislative branches of the United States, when the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for the judicial branch or the legislative branch, as applicable. (2) in subsection (d)(2)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by inserting after subparagraph (C) the following: (D) may include States and their quasi-government entities, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) . 5. Data Analytics Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note), as amended by sections 3 and 4, is further amended by adding at the end the following: (h) Report on improper payments data analysis Not later than 180 days after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2014 (1) data analytics performed as part of the Do Not Pay Initiative for the purpose of detecting, preventing, and recovering improper payments through pre-award, post-award pre-payment, and post-payment analysis, which shall include a description of any analysis or investigations incorporating— (A) review and data matching of payments and beneficiary enrollment lists of State programs carried out using Federal funds for the purposes of identifying eligibility duplication, residency ineligibility, duplicate payments, or other potential improper payment issues; (B) review of multiple Federal agencies and programs for which comparison of data could show payment duplication; and (C) review of other information the Secretary of the Treasury determines could prove effective for identifying, preventing, or recovering improper payments, which may include investigation or review of information from multiple Federal agencies or programs; and (2) the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards. . Passed the Senate September 18, 2014. Secretary | Improper Payments Agency Cooperation Enhancement Act of 2014 |
World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period. | 114 S1775 IS: World War II Merchant Mariner Service Act U.S. Senate 2015-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1775 IN THE SENATE OF THE UNITED STATES July 15, 2015 Mr. Murphy Ms. Collins Mr. Blumenthal Committee on Veterans' Affairs A BILL To direct the Secretary of Homeland Security to accept additional documentation when considering the application for veterans status of an individual who performed service as a coastwise merchant seaman during World War II, and for other purposes. 1. Short title This Act may be cited as the World War II Merchant Mariner Service Act 2. Findings Congress makes the following findings: (1) The Merchant Marine Act, 1936 established the United States Maritime Commission, and stated as a matter of policy that the United States should have a merchant marine that is capable of serving as a naval and military auxiliary in time of war or national emergency (2) The Social Security Act Amendments of 1939 ( Public Law 76–379 on or in connection with an American vessel under contract of service which is entered into within the United States or during the performance of which the vessel touches at a port in the United States, if the employee is employed on and in connection with such vessel (3) The Joint Resolution to repeal sections 2, 3, and 6 of the Neutrality Act of 1939, and for other purposes ( Public Law 77–294 (4) On February 7, 1942, President Franklin D. Roosevelt, through Executive Order Number 9054, established the War Shipping Administration that was charged with building or purchasing, and operating the civilian shipping vessels needed for the war effort. (5) During World War II, United States merchant mariners transported goods and materials through contested waters (6) At the conclusion of World War II, United States merchant mariners were responsible for transporting several million members of the United States Armed Forces back to the United States. (7) The GI Bill Improvement Act of 1977 ( Public Law 95–202 active service (8) Department of Defense Directive 1000.20 directed that the determination be made by the Secretary of the Air Force, and established the Civilian/Military Service Review Board and Advisory Panel. (9) In 1987, three merchant mariners along with the AFL–CIO sued Edward C. Aldridge, Secretary of the Air Force, challenging the denial of their application for veterans status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 1987)), the Court determined that Secretary Aldridge had failed to articulate clear and intelligible criteria for the administration (10) During World War II, women were repeatedly denied issuance of official documentation affirming their merchant marine seamen status by the War Shipping Administration. (11) Coast Guard Information Sheet #77 (April 1992) identifies the following acceptable forms of documentation for eligibility meeting the requirements set forth in the GI Bill Improvement Act of 1977 ( Public Law 95–202 Public Law 105–368 (A) Certificate of shipping and discharge forms. (B) Continuous discharge books (ship’s deck or engine logbooks). (C) Company letters showing vessel names and dates of voyages. (12) Coast Guard Commandant Order of 20 March 1944 relieved masters of tugs, towboats, and seagoing barges of the responsibility of submitting reports of seamen shipped or discharged on forms, meaning certificates of shipping and discharge forms are not available to all eligible individuals seeking to document their eligibility. (13) Coast Guard Information Sheet #77 (April 1992) states that deck logs were traditionally considered to be the property of the owners of the ships. After World War II, however, the deck and engine logbooks of vessels operated by the War Shipping Administration were turned over to that agency by the ship owners, and were destroyed during the 1970s (14) Coast Guard Information Sheet #77 (April 1992) states some World War II period log books do not name ports visited during the voyage due to wartime security restrictions 3. Methods for validating certain service considered to be active service by the Secretary of Veterans Affairs (a) In general For the purposes of verifying that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 ( Public Law 95–202 38 U.S.C. 106 (1) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom no applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner’s document or Z-card, or other official employment record is available, the Secretary shall provide such recognition on the basis of applicable Social Security Administration records submitted for or by the individual, together with validated testimony given by the individual or the primary next of kin of the individual that the individual performed such service during the period beginning on December 7, 1941, and ending on December 31, 1946. (2) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom the applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner’s document or Z-card, or other official employment record has been destroyed or otherwise become unavailable by reason of any action committed by a person responsible for the control and maintenance of such form, logbook, or record, the Secretary shall accept other official documentation demonstrating that the individual performed such service during period beginning on December 7, 1941, and ending on December 31, 1946. (3) For the purpose of determining whether to recognize service allegedly performed during the period beginning on December 7, 1941, and ending on December 31, 1946, the Secretary shall recognize masters of seagoing vessels or other officers in command of similarly organized groups as agents of the United States who were authorized to document any individual for purposes of hiring the individual to perform service in the merchant marine or discharging an individual from such service. (b) Treatment of other documentation Other documentation accepted by the Secretary of Homeland Security pursuant to subsection (a)(2) shall satisfy all requirements for eligibility of service during the period beginning on December 7, 1941, and ending on December 31, 1946. (c) Benefits allowed (1) Burial benefits eligibility Service of an individual that is considered active duty pursuant to subsection (a) shall be considered as active duty service with respect to providing burial benefits under chapters 23 and 24 of title 38, United States Code, to the individual. (2) Medals, ribbons, and decorations An individual whose service is recognized as active duty pursuant to subsection (a) may be awarded an appropriate medal, ribbon, or other military decoration based on such service. (3) Status of veteran An individual whose service is recognized as active duty pursuant to subsection (a) shall be honored as a veteran but shall not be entitled by reason of such recognized service to any benefit that is not described in this subsection. (d) Determination of coastwise merchant seaman The Secretary of Homeland Security shall verify that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman pursuant to this section without regard to the sex, age, or disability of the individual during the period in which the individual served as such a coastwise merchant seaman. (e) Primary next of kin defined In this section, the term primary next of kin (f) Effective date This section shall take effect 90 days after the date of the enactment of this Act. | World War II Merchant Mariner Service Act |
Part D Beneficiary Appeals Fairness Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, with respect to a prescription drug plan (PDP) that provides for any tiered cost-sharing within a formulary (including a structure that provides for different co-payment or coinsurance amounts for drugs in different tiers included within the formulary), to authorize a Medicare part D eligible individual enrolled in the plan to request an exception to the tiered cost-sharing structure. States that in no case may the Secretary of Health and Human Services (HHS) allow a PDP sponsor to make any formulary tier of the tiered cost-sharing structure (including a formulary tier used for very high cost or unique items) ineligible for lower-cost sharing through an exception. | 114 S1488 IS: Part D Beneficiary Appeals Fairness Act U.S. Senate 2015-06-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1488 IN THE SENATE OF THE UNITED STATES June 3, 2015 Mr. Nelson Ms. Collins Committee on Finance A BILL To amend title XVIII of the Social Security Act to allow for fair application of the exceptions process for drugs in tiers in formularies in prescription drug plans under Medicare part D. 1. Short title This Act may be cited as the Part D Beneficiary Appeals Fairness Act 2. Fair exceptions process for drug in tiers under Medicare part D Section 1860D–4(g)(2) of the Social Security Act ( 42 U.S.C. 1395w–104(g)(2) (1) in the first sentence— (A) by striking for tiered cost-sharing for drugs included within a formulary and for any tiered cost-sharing structure within a formulary (including a structure that (B) by inserting , or provides for different co-payment or coinsurance amounts for drugs in different tiers included within the formulary) , a part D eligible individual (2) in the second sentence, by inserting in any plan formulary could be covered (3) by inserting the following before the last sentence: In no case may the Secretary allow a PDP sponsor to make any element of the tiered cost-sharing structure (including a tier used for very high cost or unique items) ineligible for lower-cost sharing through an exception under this paragraph. | Part D Beneficiary Appeals Fairness Act |
Volunteer Income Tax Assistance (VITA) Act - Directs the Secretary of the Treasury, through the Internal Revenue Service (IRS), to establish a Community Volunteer Income Tax Assistance Matching Grant Program (VITA grant program) for the development, expansion, or continuation of volunteer tax preparation programs to assist low-income taxpayers and members of underserved populations. Establishes the National Center to Promote Quality, Excellence, and Evaluation in Volunteer Income Tax Assistance. Requires such Center to: (1) promote the adoption of a universally accessible volunteer training platform for the preparation of federal income tax returns, (2) provide technical assistance to tax return preparation program managers, (3) identify and disseminate best practices related to tax site management, (4) support outreach and marketing efforts, and (5) provide evaluation of programs and activities funded under this Act. | 114 S996 IS: Volunteer Income Tax Assistance (VITA) Act U.S. Senate 2015-04-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 996 IN THE SENATE OF THE UNITED STATES April 16, 2015 Mr. Brown Mr. Menendez Ms. Stabenow Mr. Heinrich Committee on Finance A BILL To facilitate nationwide availability of volunteer income tax assistance for low-income and underserved populations, and for other purposes. 1. Short title This Act may be cited as the Volunteer Income Tax Assistance (VITA) Act 2. Findings Congress makes the following findings: (1) Community Volunteer Income Tax Assistance (VITA) programs offer tax preparation and related financial services, free of charge, to middle- and low-income individuals and families. The majority of individuals served by VITA programs have annual household earnings below $53,000. (2) During the 2014 Federal income tax filing season, VITA programs filed 1,700,000 Federal income tax returns and prepared more than 551,000 returns for the earned income tax credit (EITC), helping program recipients claim $2,475,000,000 in Federal tax refunds. One in five taxpayers who were eligible to claim the EITC failed to do so. (3) VITA programs assist underserved taxpayers, including low-wage workers, persons with disabilities, the elderly, Native Americans, rural populations, and taxpayers with limited English proficiency. (4) Volunteer tax preparation programs save the Internal Revenue Service an estimated $6,200,000 a year in return processing costs. In 2014, clients of VITA programs electronically filed their tax returns at a much higher rate (95.8 percent) than the general population (85.6 percent). (5) Not only do electronic returns cost the Internal Revenue Service considerably less to process ($0.17 per return) than paper returns ($3.66 per return), but electronic returns also generate a low error rate of 2.5 percent compared with a 25 percent error rate for paper returns. Low error rates reduce the need for the Internal Revenue Service to correspond with taxpayers and for taxpayers to resubmit paperwork. (6) The use of technology in meeting the needs of taxpayers with physical, sensory, or cognitive disabilities is essential to the success of the VITA program, as demonstrated through the expanded use of innovative assistive technology and strategies intended to expand free tax preparation for deaf and hearing impaired taxpayers. These innovative uses of assistive technologies should continue to be replicated and tested to expand capacity of VITA programs in successfully meeting the needs of taxpayers with various disabilities. (7) An Internal Revenue Service survey has shown that very low-income taxpayers are twice as likely as the general population to visit a Taxpayer Assistance Center and half as likely to use the Internal Revenue Service Web site. Volunteer tax preparation programs serve as an accessible and cost-effective alternative to other Internal Revenue Service channels. (8) Internal Revenue Service estimates from fiscal year 2005 found that the volunteer preparation program cost $12.01 per contact, while Taxpayer Assistance Centers and assisted toll-free calls averaged $28.73 and $19.46 per contact, respectively. (9) The number of tax returns prepared by the VITA program increased 220 percent between the 2004 (500,000) and 2012 (1,600,000 returns) tax filing seasons. (10) The demand on this integral community service continues to rise as the Nation recovers from the significant economic downturn of recent years and VITA programs are experiencing strained resources and limited capacity. (11) Through mid-April of fiscal year 2015, 288 organizations applied to the Internal Revenue Service seeking more than $25,100,000 in grant funding—more than double the available resources—through the VITA program, and 209 received grants at a median grant of approximately $42,000. 3. Definitions As used in this Act: (1) Qualified return preparation program The term qualified return preparation program (A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns, including schedules reporting sole proprietorship or farm income, (B) which is administered by a qualified entity, (C) in which all of the volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and (D) which uses a quality review process which reviews 100 percent of all returns. (2) Qualified entity (A) In general The term qualified entity (i) is described in subparagraph (B), (ii) is in compliance with Federal tax filing and payment requirements, (iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and (iv) agrees to provide documentation to substantiate any matching funds provided under the VITA grant program. (B) Entity described An entity is described in this subparagraph if such entity is— (i) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 ( 20 U.S.C. 1088 (ii) an organization described in section 501(c) (iii) a State or local government agency, including— (I) a county or municipal government agency, (II) an Indian tribe, as defined in section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(12) 25 U.S.C. 4103(21) (III) a State government agency, but only if no other eligible organization is available to assist the targeted population or community, (iv) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of clause (i), (ii), or (iii) acting as the applicant organization), or (v) a Cooperative Extension Service office, but only if no other eligible organization is available to assist the targeted population or community. (3) Low-income taxpayers The term low-income taxpayer (4) Underserved population The term underserved population (5) Lead national organization The term lead national organization section 501(c) (A) capacity in a minimum of 15 States, territories, or tribal areas, (B) expertise in the provision of tax preparation services to low-income taxpayers and underserved populations, (C) an ability to train program leadership and staff, (D) capacity to disseminate information throughout the United States, and (E) capacity to— (i) maintain a Web site through which information is disseminated in an easily accessible manner, and (ii) provide technical assistance and training through Web-based technologies. (6) Secretary The term Secretary 4. Grants to facilitate nationwide availability of volunteer income tax assistance for low-income and underserved populations (a) In general The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program (hereinafter in this section referred to as the VITA grant program (b) Matching grants (1) In general The Secretary shall make available grants under the VITA grant program to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations. (2) Application In order to be eligible for a grant under this section, a qualified return preparation program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require for each fiscal year. (3) Priority In awarding grants under this section, the Secretary shall give priority to applications— (A) demonstrating assistance to low-income taxpayers, with emphasis on outreach to and services for persons with an income at or below 250 percent of the Federal poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, (B) demonstrating taxpayer outreach and education around available income supports and refundable credits such as the earned income tax credit under section 32 (C) demonstrating specific outreach and focus on one or more underserved populations. (4) Use of funds Qualified return preparation programs receiving a grant under this section may use the grant for— (A) ordinary and necessary costs associated with program operation in accordance with Cost Principles Circulars as set forth by the Office of Management and Budget, (B) outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, such as the earned income tax credit, and (C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation. (5) Duration of grants (A) In general Except as provided in subparagraph (B), a grant awarded under this section shall be for a period of 1 year and shall not be renewed other than through an application under paragraph (2). (B) Extended grants The Secretary may award a grant under this section for a period of not more than 3 years to any qualified return preparation program which— (i) received a grant under this section for the preceding year, and (ii) received a score of 90 percent or better on a technical evaluation. (c) Promotion and referral (1) Promotion The Secretary shall promote the benefits of, and encourage the use of, tax preparation through the Volunteer Income Tax Assistance program through the use of mass communications, referrals, and other means. (2) Internal revenue service referrals The Secretary may refer taxpayers to qualified return preparation programs receiving funding under this section. (3) Vita grantee referral Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low Income Tax Clinics individuals who are eligible to receive services at such clinics. (d) Authorization of Appropriations (1) In general For each of fiscal years 2016, 2017, 2018, 2019, and 2020, there are authorized to be appropriated $30,000,000 to carry out the purposes of this section. (2) Reservation From the funds appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve not more than 3 percent for administration of the program. (3) Availability Amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. 5. National center To promote quality, excellence, and evaluation in volunteer income tax assistance (a) National center to promote quality, excellence, and evaluation in volunteer income tax assistance (1) Establishment There is hereby established the National Center to Promote Quality, Excellence, and Evaluation in Volunteer Income Tax Assistance (hereinafter in this section referred to as the Center (2) Purpose The Center shall— (A) promote the adoption of a universally accessible volunteer training platform for the preparation of Federal income tax returns, (B) provide capacity-building technical assistance to qualified return preparation program managers, (C) identify and disseminate best practices related to tax site management emerging from States, community-based organizations, nonprofit providers, and local government entities, (D) support outreach and marketing efforts to encourage the use of qualified return preparation programs receiving funding under section 4, and (E) provide evaluation of programs and activities funded under this Act, including— (i) identification, both in aggregate and disaggregate, of gaps in services for low-income taxpayers and underserved populations, and (ii) independent evaluation of progress toward program objectives, as defined by the Secretary. (3) Administration (A) In general The Secretary shall— (i) designate, through a competitive process, one qualified entity to be the lead national organization, and (ii) provide an annual grant to the lead national organization designated under clause (i). (B) Duties of lead national organization The lead national organization shall use funds provided through the grant in subparagraph (A)(ii) to— (i) carry out the purposes of the Center, and (ii) make subgrants as provided in subsection (b). (b) Subgrants (1) In general The lead national organization shall make available subgrants to eligible organizations to facilitate specialized technical assistance in reaching one or more underserved populations. (2) Eligible organization For purposes of this subsection, the term eligible organization (A) is described in section 501(c) (B) has, to the satisfaction of the lead national organization, demonstrated expertise and evidenced-based practices in specialized outreach to, and service of, one or more underserved populations, and (C) has, to the satisfaction of the lead national organization, demonstrated expertise in the provision of specialized technical assistance relating to qualified return preparation programs for one or more targeted underserved populations. (3) Application In order to be eligible for a subgrant under this subsection, an eligible organization shall submit an application to the lead national organization at such time, in such manner, and containing such information as the lead national organization may reasonably require for each fiscal year. (4) Use of funds An eligible organization which receives a subgrant under this subsection shall assist the Center by— (A) providing technical assistance to qualified return preparation programs with targeted outreach and assistance to one or more underserved populations, and (B) including strategies for the provision of technical assistance targeting individuals and families with annual household earnings at or below 250 percent of the poverty line within the underserved populations served by the subgrant. (5) Subgrant amount (A) In general Each year, the lead national organization shall make available subgrants which, in the aggregate, do not exceed 40 percent of the grant received under subsection (a). (B) Underserved populations Of the amount of subgrants provided under subparagraph (A)— (i) not less than 25 percent shall be dedicated to specialized technical assistance in serving taxpayers with disabilities, (ii) not less than 25 percent shall be dedicated to specialized technical assistance in serving limited English speaking taxpayers, and (iii) not less than 25 percent shall be dedicated to specialized technical assistance in serving Native American taxpayers. (6) Duration of subgrants A subgrant awarded under this subsection shall be for a period of 1 year and shall not be renewed other than through an application under paragraph (3). (c) Authorization of Appropriations (1) In general For each of fiscal years 2016, 2017, 2018, 2019, and 2020, there are authorized to be appropriated $5,000,000 to carry out the purposes of this section. (2) Availability Amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. | Volunteer Income Tax Assistance (VITA) Act |
Citizen Empowerment Act - Requires any executive agency employee who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official interaction with an individual relating to a possible violation of federal law that could result in the imposition of civil or criminal fines or penalties or the collection of unpaid tax to allow such individual to make an audio recording of the interaction. Permits the employee conducting the interaction to record it if the employee: (1) informs the individual of the recording prior to or at the initiation of the interaction, and (2) provides the individual with a transcript of the recording at such individual's expense. Requires the employee conducting an initial in-person or telephonic interview or other interaction to provide to the individual a verbal or written notice of such individual's rights. Exempts from the application of this Act any in-person or telephonic interview or other interaction that: (1) is likely to include the discussion of classified material or information that would endanger public safety if released publicly; or (2) if released, would endanger an ongoing criminal investigation being conducted by a federal law enforcement officer. | 114 S278 IS: Citizen Empowerment Act U.S. Senate 2015-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 278 IN THE SENATE OF THE UNITED STATES January 28, 2015 Mr. Blunt Mr. Cornyn Mrs. Fischer Mr. Roberts Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to establish certain procedures for conducting in-person or telephonic interactions by executive branch employees with individuals, and for other purposes. 1. Short title This Act may be cited as the Citizen Empowerment Act 2. Amendments (a) In general Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: 79A Services to members of the public Sec. 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees. 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees (a) Definitions For purposes of this section— (1) the term covered interaction (2) the term State (3) the term telephonic (b) Recording of enforcement actions (1) Recording by individuals Any employee of an Executive agency who is conducting a covered interaction with an individual shall allow the individual to make an audio recording of the covered interaction at the individual’s own expense and with the individual’s own equipment. (2) Recording by Federal employees Any employee of an Executive agency that is conducting a covered interaction may record that interaction if the employee— (A) informs the individual of the recording prior to or at the initiation of the interaction; and (B) upon request of the individual, provides the individual with a transcript or copy of the recording, but only if the individual provides reimbursement for the cost of the transcription and reproduction of the transcript or copy. (c) Explanations of rights (1) In general Any employee of an Executive agency shall, before or at an initial covered interaction, provide to the individual a verbal or written notice of the individual’s rights under this section. (2) Separate notifications for separate violations Paragraph (1) shall not, for purposes of any covered interaction, be considered satisfied based on a notification previously given if that previous notification was given in the case of a possible or alleged violation separate from the possible or alleged violation at hand. (d) Application to official representative or those holding power of attorney Any person who is permitted to represent, before an Executive agency described in subsection (b)(1), an individual permitted to make an audio recording under that subsection of a covered interaction conducted by an employee of that Executive agency— (1) shall be permitted— (A) to make an audio recording under subsection (b)(1) as if the person were the individual; and (B) to receive a transcript or copy of an audio recording under subsection (b)(2) as if the person were the individual; (2) shall receive the same notice as that which is required to be provided to the individual under subsection (c); and (3) with respect to an audio recording (as referred to in paragraph (1)(A)) and a transcript or copy of a recording (as referred to in paragraph (1)(B)), shall have the same rights as described in subsection (e). (e) Property of audio recording Any audio recording or transcript of an audio recording made by an individual under subsection (b)(1) or provided to an individual under subsection (b)(2)(B) shall be the property of the individual. (f) No cause of action This section does not create any express or implied private right of action. (g) Exceptions (1) Classified information, public safety, criminal investigation This section shall not apply to any covered interaction that is likely to include the discussion of— (A) classified material; (B) information that, if released publicly, would endanger public safety; or (C) information that, if released publicly, would endanger an ongoing criminal investigation conducted by a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 42 U.S.C. 15231 (2) Determination by employees An employee of an Executive agency who determines that an exception under paragraph (1) applies to a covered interaction or series of covered interactions shall provide written notification of the determination to any person who would otherwise be permitted to make an audio recording of the interaction or interactions under subsection (b)(1) or (d). (h) Prior law For the purposes set forth in paragraphs (1) and (2) of subsection (b), this section supersedes section 2511(2)(d) of title 18 and any provision of Federal or State law insofar as such section or provision relates to the recording of an interaction that is a covered interaction. (i) Disciplinary action An employee of an Executive agency who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law. . (b) Clerical amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 79 the following: 79A. Services to members of the public 7921 . | Citizen Empowerment Act |
Government Employee Accountability Act - Sets forth guidelines for placing career employees of the Senior Executive Service (SES) on investigative leave. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for not more than 90 days. Authorizes a federal agency to: (1) place an SES employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for alleged misconduct, neglect of duty, malfeasance, or misappropriation of funds; (2) place such employee on leave without pay if such employee's alleged conduct is determined to be serious or flagrant; or (3) remove such employee if such employee acted in a manner that endangers the interest of the agency mission. Requires an agency to periodically review the investigation into the conduct of an SES employee placed on investigative leave and take certain actions with respect to such employee at the end of a period of investigative leave, including removal, suspension without pay, or reinstatement to duty. Grants an employee placed on investigative leave certain rights, including: (1) advance written notice of, and a reasonable time (not less than seven days) to answer, charges; (2) the right to be represented by an attorney; and (3) the right to appeal to the Merit Systems Protection Board (MSPB). Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position. | 114 S362 IS: Government Employee Accountability Act U.S. Senate 2015-02-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 362 IN THE SENATE OF THE UNITED STATES February 4, 2015 Mr. Blunt Mr. Grassley Mr. Roberts Mr. Cornyn Mr. Coats Mr. Scott Mr. Risch Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to provide for investigative leave requirements with respect to Senior Executive Service employees, and for other purposes. 1. Short title This Act may be cited as the Government Employee Accountability Act 2. Suspension for 14 days or less for senior executive service employees Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: (1) employee (A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or (B) a career appointee in the Senior Executive Service who— (i) has completed the probationary period prescribed under section 3393(d); or (ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and . 3. Investigative leave and termination authority for Senior Executive Service employees (a) In general Chapter 75 VI Investigative leave for Senior Executive Service employees 7551. Definitions For the purposes of this subchapter— (1) the term employee (2) the term investigative leave 7552. Actions covered This subchapter applies to investigative leave. 7553. Cause and procedure (a) Placing on investigative leave (1) In general Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for alleged misconduct, neglect of duty, malfeasance, or misappropriation of funds. (2) Without pay If an agency determines that the alleged conduct of an employee is serious or flagrant, the agency may place the employee on investigative leave without pay. (b) Review (1) In general At the end of each 45-day period during a period of investigative leave, the agency employing the employee on investigative leave shall review the investigation of the alleged misconduct, neglect of duty, malfeasance, or misappropriation of funds by the employee. (2) Report Not later than 5 business days after the end of each 45-day period described in paragraph (1), an agency shall submit a report describing the review under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (3) Action At the end of a period of investigative leave implemented under this section, the agency shall— (A) remove an employee placed on investigative leave under this section; (B) suspend the employee without pay; or (C) reinstate or restore the employee to duty. (4) Extension of period An agency may extend the period of investigative leave with respect to an employee for 1 additional period not to exceed 90 days. (c) Procedure An employee against whom an action under this subchapter is proposed is entitled to, before being placed on investigative leave under this section— (1) at least 30 days advance written notice, stating specific reasons for the proposed action, unless— (A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or (B) the agency determines that the conduct of the employee with respect to which an action covered by this subchapter is proposed is serious or flagrant, in accordance with regulations prescribed by the Office of Personnel Management; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision and specific reasons therefor at the earliest practicable date. (d) Hearings permissible An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (c)(2). (e) Appeal An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. (f) Materials Copies of the notice of proposed action, the answer of the employee when written, a summary of the answer when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the request of the employee. VII Removal of Senior Executive Service employees 7561. Definition For purposes of this subchapter, the term employee 7562. Removal of Senior Executive Service employees (a) In general Notwithstanding any other provision of law, the head of an agency may remove an employee for neglect of duty, misappropriation of funds, or malfeasance if the head of the agency— (1) determines that the employee acted in a manner that endangers the interest of the agency mission; (2) considers the removal to be necessary or advisable in the interests of the United States; and (3) determines that the procedures prescribed in other provisions of law that authorize the removal of the employee cannot be used in a manner that the head of the agency considers consistent with the efficiency of the Government. (b) Procedure An employee removed under this section— (1) shall be notified of the reasons for the removal; (2) is entitled to submit, not later than 30 days after the date of the notification, to the official designated by the head of the agency statements or affidavits to show why the employee should be restored to duty; (3) shall be provided a written response by the head of the agency if statements and affidavits are submitted under paragraph (2); and (4) may be restored to duty if the head of the agency determines it appropriate. (c) Notice If the head of an agency removes an employee under the authority under this section, the head of the agency shall notify Congress of the removal and the reasons for the removal. (d) Appeal An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. (e) Records Copies of the notice of proposed action, the answer of the employee when written, a summary of the answer when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this section, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the request of the employee. (f) Other employment A removal under this section shall not affect the right of the employee removed to seek or accept employment with any other agency if the employee is declared eligible for that employment by the Director of the Office of Personnel Management. (g) No delegation The authority of the head of the agency under this section may not be delegated. . (b) Clerical amendment The table of sections for chapter 75 Subchapter VI—Investigative leave for Senior Executive Service employees 7551. Definitions. 7552. Actions covered. 7553. Cause and procedure. Subchapter VII—Removal of Senior Executive Service employees 7561. Definition. 7562. Removal of Senior Executive Service employees. . 4. Suspension of Senior Executive Service employees Section 7543 of title 5, United States Code, is amended— (1) in subsection (a), by inserting misappropriation of funds, malfeasance, (2) in subsection (b), by amending paragraph (1) to read as follows: (1) at least 30 days’ advance written notice, stating specific reasons for the proposed action, unless— (A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or (B) the agency determines that the conduct of the employee with respect to which an action covered by this subchapter is proposed is serious or flagrant, in accordance with regulations prescribed by the Office of Personnel Management; . 5. Misappropriation of funds amendments (a) Reinstatement in the Senior Executive Service Section 3593 of title 5, United States Code, is amended— (1) in subsection (a)(2), by inserting misappropriation of funds, malfeasance, (2) in subsection (b), by striking or malfeasance malfeasance, or misappropriation of funds (b) Placement in other personnel systems Section 3594(a) of title 5, United States Code, is amended by striking or malfeasance malfeasance, or misappropriation of funds | Government Employee Accountability Act |
Pregnant Women Health and Safety Act - Subjects to fines and/or imprisonment any physician who knowingly performs an abortion but fails to comply with this Act. Requires a physician who performs an abortion to: (1) have admitting privileges at a local hospital, and (2) notify the patient of the location of the hospital where the patient can receive follow-up care by the physician if complications arise. Exempts from these requirements a physician who performs an abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. Prohibits a woman upon whom an abortion is performed from being prosecuted for conspiracy to violate this Act. Requires each abortion clinic that receives federal funds or assistance to be licensed by the state and be in compliance with the requirements for ambulatory surgery centers under title XVIII (Medicare) of the Social Security Act, except for the requirement of a certificate of public need. Allows a state board of health to waive the application of certain structural requirements for licensing purposes in order to comply with this Act. | 114 S78 IS: Pregnant Women Health and Safety Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 78 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To impose admitting privilege requirements with respect to physicians who perform abortions. 1. Short title This Act may be cited as the Pregnant Women Health and Safety Act 2. Requirement for physicians relating to the performance of abortions Chapter 74 1532. Prohibition on certain procedures (a) Definition As used in this section, the term physician (b) Offense A physician who, in or affecting interstate or foreign commerce, knowingly performs an abortion and, in doing so, fails to comply with subsection (c), shall be fined under this title or imprisoned not more than 2 years, or both. (c) Requirements A physician who performs an abortion shall— (1) have admitting privileges at a hospital to which the physician can travel in one hour or less (determined on the basis of starting at the principal medical office of the physician and traveling to the hospital) and under the average conditions of travel for the physician; and (2) at the time of the abortion, notify the patient involved of the hospital location where the patient can receive follow-up care by the physician if complications resulting from the abortion arise. (d) Applicability This section— (1) shall not apply to an abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and (2) shall apply to any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion. (e) Limitation A woman upon whom a procedure described in subsection (b) is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. . 3. Requirement of abortion clinics (a) In general Each abortion clinic that receives any Federal funds or assistance shall— (1) be licensed by the State in which it is located; and (2) be in compliance with the requirements existing on the date of enactment of this Act for ambulatory surgery centers under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (b) Waiver For purposes of complying with subsection (a)(2) with respect to an abortion clinic, a State board of health may waive the application of certain structural requirements (as determined appropriate by the Secretary of Health and Human Services). (c) Definition In this section, the term abortion clinic | Pregnant Women Health and Safety Act |
Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure. Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution. Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; (2) the necessary and proper clause; or (3) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber. | 114 S109 IS: Enumerated Powers Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 109 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Heller Committee on Rules and Administration A BILL To prohibit the consideration of any bill by Congress unless the authority provided by the Constitution of the United States for the legislation can be determined and is clearly specified. 1. Short title This Act may be cited as the Enumerated Powers Act 2. Constitutional authority clause (a) In general Chapter 2 section 102 102a. Constitutional authority clause (a) In general Each Act of Congress, bill, and resolution, or conference report thereon or amendment thereto, shall contain a concise explanation of the specific authority in the Constitution of the United States relied upon as the basis for enacting each portion of the measure. (b) Federal activities To the extent that any Act of Congress, bill or resolution, or conference report thereon or amendment thereto, limits or abolishes any Federal activity, spending, or power overall, a statement of constitutionality may cite the 9th Amendment or the 10th Amendment to the Constitution of the United States. (c) Enumerated spending and necessary and proper clauses Invoking a clause included in the enumerated spending clause under clause 1 of section 8 of article I of the Constitution of the United States, such as the common defense clause and the general welfare clause, or the necessary and proper clause under clause 18 of section 8 of article I of the Constitution of the United States in a statement of constitutionality is not sufficient to satisfy the requirement of subsection (a). (d) Commerce clause Invoking the commerce clause of section 8 of article I of the Constitution of the United States in a statement of constitutionality for any purpose other than the regulation of the buying and selling of goods or services, or the transporting for those purposes, across boundaries with foreign nations, across State lines, or with the Indian tribes is not sufficient to satisfy the requirement of subsection (a). (e) Failure To comply (1) In general A failure to comply with subsection (a) shall give rise to a point of order in either House of Congress, which may be raised by any Senator during consideration in the Senate or any Member of the House of Representatives during consideration in the House of Representatives. (2) Nonexclusivity The availability of a point of order under this section shall not affect the availability of any other point of order. (f) Disposition of point of order in the Senate (1) In general Any Senator may raise a point of order that any matter is not in order under subsection (a). (2) Waiver (A) In general Any Senator may move to waive a point of order raised under paragraph (1) by an affirmative vote of two-thirds of the Senators duly chosen and sworn. (B) Procedures For a motion to waive a point of order under subparagraph (A) as to a matter— (i) a motion to table the point of order shall not be in order; (ii) all motions to waive one or more points of order under this section as to the matter shall be debatable for a total of not more than 3 hours, equally divided between the Senator raising the point of order and the Senator moving to waive the point of order or their designees; and (iii) a motion to waive the point of order shall not be amendable. (g) Disposition of point of order in the House of Representatives (1) In general If a Member of the House of Representatives makes a point of order under this section, the Chair shall put the question of consideration with respect to the proposition of whether any statement of constitutionality made under subsection (a) was adequate or, in the absence of such a statement, whether a statement is required under subsection (a). (2) Consideration For a point of order under this section made in the House of Representatives— (A) the question of consideration shall be debatable for 10 minutes, equally divided and controlled by the Member making the point of order and by an opponent, but shall otherwise be decided without intervening motion except one that the House of Representatives adjourn or that the Committee of the Whole rise, as the case may be; (B) in selecting the opponent, the Speaker of the House of Representatives should first recognize an opponent from the opposing party; and (C) the disposition of the question of consideration with respect to a measure shall be considered also to determine the question of consideration under this section with respect to an amendment made in order as original text. . (b) Technical and conforming amendment The table of sections for chapter 2 section 102 102a. Constitutional authority clause. . 3. Explanation of constitutional authority This Act is enacted pursuant to the power granted to each House of Congress to determine the rules of its proceedings under article I, section 5, clause 2 of the Constitution of the United States. | Enumerated Powers Act |
(This measure has not been amended since it was reported to the Senate on December 19, 2013. The summary of that version is repeated here.) Newborn Screening Saves Lives Reauthorization Act of 2013 - (Sec. 2) Amends the Public Health Service Act to extend through FY2018 a grant program for newborn and child screening programs for heritable disorders. Includes the improvement of the timely collection, delivery, and receipts, and screening of specimens, and the timely diagnosis of heritable disorders in newborns as a permissible use of grant funds. (Sec. 3) Extends through FY2018 a demonstration program to evaluate the effectiveness of screening, follow-up, counseling or health care services in reducing the morbidity and mortality caused by heritable disorders in newborn and children. Permits the program to also evaluate and assess: (1) methods to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care; and (2) methods or best practices by which states or political subdivisions of a state, territories, Indian health care facilities or programs, or any entity with appropriate expertise in newborn screening can achieve the timely collection, delivery, receipt, and screening of newborn screening specimens, and the timely diagnosis of heritable disorders in newborns. (Sec. 4) Reauthorizes through FY2018 and extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Expands the duties of the Advisory Committee to include providing technical assistance to individuals and organizations regarding the submission of nominations to the uniform screening panel. Requires the Advisory Committee to give recommendations, advice, or information to the Secretary of Health and Human Services (HHS) on the timely collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns. Revises the process for the Secretary to consider the Advisory Committee's recommendations. Requires the Advisory Committee to meet at least four times per year. (Sec. 5) Extends through FY2018 the Newborn Screening Clearinghouse of current education and family support and services information, materials, resources, research, and data on newborn screening. (Sec. 6) Extends through FY2018 a quality assurance program requiring the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to provide for quality assurance of laboratories involved in screening for heritable disorders. Authorizes the Secretary, acting through the Director, to also provide for the coordination of surveillance activities. (Sec. 7) Makes the Interagency Coordinating Committee on Newborn and Child Screening permanent. Includes the Commissioner of Food and Drugs (FDA) as a member of the Interagency Committee. (Sec. 8) Requires the national contingency plan for newborn screening to be updated at least every five years. (Sec. 9) Allows the expansion of the Hunter Kelly Newborn Screening Research Program to include: (1) providing research findings and data for newborn conditions under review by the Advisory Committee to be added to the recommended uniform screening panel, and (2) conducting pilot studies on conditions recommended by the Advisory Committee to ensure that the screenings are ready for nationwide implementation. (Sec. 11) Requires the Comptroller General to report to the relevant congressional committees on the timeliness of screening for heritable disorders in newborns. Requires the Secretary to report to the relevant congressional committees biennially on activities related to newborn screening and screening children who have or are at risk for heritable disorders. | 113 S1417 ES: Newborn Screening Saves Lives Reauthorization Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 1417 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Public Health Service Act to reauthorize programs under part A of title XI of such Act. 1. Short title; table of contents (a) Short title This Act may be cited as the Newborn Screening Saves Lives Reauthorization 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. Improved newborn and child screening and follow-up for heritable disorders. Sec. 3. Evaluating the effectiveness of newborn and child screening and follow-up programs. Sec. 4. Advisory Committee on Heritable Disorders in Newborns and Children. Sec. 5. Clearinghouse of Newborn Screening Information. Sec. 6. Laboratory quality and surveillance. Sec. 7. Interagency Coordinating Committee on Newborn and Child Screening. Sec. 8. National contingency plan for newborn screening. Sec. 9. Hunter Kelly Research Program. Sec. 10. Authorization of appropriations. Sec. 11. Reports to Congress 2. Improved newborn and child screening and follow-up for heritable disorders Section 1109 of the Public Health Service Act ( 42 U.S.C. 300b–8 (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking subsection (j) section 1117 (ii) by striking and in consultation with the Advisory Committee and taking into consideration the expertise of the Advisory Committee (B) in paragraph (2), by striking screening and training screening, counseling, and training (C) in paragraph (3), by striking and (D) in paragraph (4)— (i) by striking treatment follow-up and treatment (ii) by striking the period and inserting ; and (E) by adding at the end the following: (5) to improve the timely collection, delivery, receipt, and screening of specimens, and the timely diagnosis of heritable disorders in newborns. ; (2) in subsection (h), by striking subsection (c)(2) subsection (c) (3) by striking subsection (j) (relating to authorization of appropriations). 3. Evaluating the effectiveness of newborn and child screening and follow-up programs Section 1110 of the Public Health Service Act ( 42 U.S.C. 300b–9 (1) in the section heading, by inserting and follow-up child screening (2) in subsection (a), by striking of screening, , including with respect to timeliness, of screening, follow-up, (3) in subsection (b)— (A) in paragraph (1)— (i) by striking counseling, testing treatment, counseling, testing, follow-up, (ii) by inserting before the semicolon the following: , including, as appropriate, through the assessment of health and development outcomes for such children through adolescence (B) in paragraph (2)— (i) by striking counseling, testing treatment, counseling, testing, follow-up, (ii) by striking or (C) in paragraph (3), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (4) methods that may be identified to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care; or (5) methods or best practices by which the eligible entities described in section 1109 can achieve the timely collection, delivery, receipt, and screening of newborn screening specimens, and the timely diagnosis of heritable disorders in newborns. ; and (4) by striking subsection (d) (relating to authorization of appropriations). 4. Advisory committee on heritable disorders in newborns and children Section 1111 of the Public Health Service Act ( 42 U.S.C. 300b–10 (1) in subsection (b)— (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; (B) by inserting after paragraph (3), the following: (4) provide technical assistance, as appropriate, to individuals and organizations regarding the submission of nominations to the uniform screening panel, including prior to the submission of such nominations; ; (C) in paragraph (5) (as so redesignated), by inserting , including the cost public health impact (D) in paragraph (7) (as so redesignated)— (i) in subparagraph (A), by striking achieve rapid diagnosis achieve best practices in rapid diagnosis and appropriate treatment (ii) in subparagraph (D), by inserting before the semicolon , including information on cost and incidence (iii) in subparagraph (J), by striking and (iv) in subparagraph (K), by striking the period and inserting ; and (v) by adding at the end the following: (L) the timely collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns in order to ensure rapid diagnosis and follow-up. ; (2) in subsection (d)— (A) in paragraph (1)— (i) by striking 180 120 (ii) by adding at the end the following: If the Secretary is unable to make a determination to adopt or reject such recommendation within such 120-day period, the Secretary shall notify the Advisory Committee and the appropriate committees of Congress of such determination together with an explanation for why the Secretary was unable to comply within such 120-day period, as well as a plan of action for consideration of such pending recommendations. (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (D) by adding at the end the following: (3) Deadline for review For each nomination to the recommended uniform screening panel, the Advisory Committee on Heritable Disorders in Newborns and Children shall review and vote on the nominated condition within 9 months of the date on which the Advisory Committee referred the nomination to the condition review workgroup. ; (3) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (4) by inserting after subsection (e) the following new subsection: (f) Meetings The Advisory Committee shall meet at least 4 times each calendar year, or as subject to the discretion of the Designated Federal Officer in consultation with the Chair. ; (5) in subsection (g) (as so redesignated), by striking Newborn Screening Saves Lives Act of 2008 Newborn Screening Saves Lives Reauthorization Act of 2013 (6) by striking subsection (h) (relating to authorization of appropriations), as redesignated by paragraph (3). 5. Clearinghouse of Newborn Screening Information Section 1112 of the Public Health Service Act ( 42 U.S.C. 300b–11 (1) in subsection (a)— (A) in paragraph (2), by striking ; and (B) in paragraph (3)— (i) by striking data information (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (4) maintain current information on the number of conditions for which screening is conducted in each State; and (5) disseminate available evidence-based guidelines related to diagnosis, counseling, and treatment with respect to conditions detected by newborn screening. ; (2) in subsection (b)(4)(D), by striking Newborn Screening Saves Lives Act of 2008 Newborn Screening Saves Lives Reauthorization Act of 2013 (3) in subsection (c)— (A) by striking developing the clearinghouse carrying out activities (B) by striking clearinghouse minimizes activities minimize (4) by striking subsection (d) (relating to authorization of appropriations). 6. Laboratory quality and surveillance Section 1113 of the Public Health Service Act ( 42 U.S.C. 300b–12 (1) in the section heading, by inserting and surveillance (2) in subsection (a)— (A) by striking the subsection enumerator and heading; (B) in the matter preceding paragraph (1), by striking and in consultation with the Advisory Committee and taking into consideration the expertise of the Advisory Committee (C) in paragraph (1)— (i) by inserting timeliness for processing such tests, newborn screening tests (ii) by striking and (D) in paragraph (2), by striking the period and inserting ; and (3) by striking subsection (b) (relating to authorization of appropriations) and inserting the following: (b) Surveillance activities The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, may provide, as appropriate, for the coordination of surveillance activities, including— (1) through standardized data collection and reporting, as well as the use of electronic health records; and (2) by promoting data sharing regarding newborn screening with State-based birth defects and developmental disabilities monitoring programs. . 7. Interagency Coordinating Committee on Newborn and Child Screening Section 1114 of the Public Health Service Act ( 42 U.S.C. 300b–13 (1) in subsection (c), by striking the Administrator, the Director of the Agency for Healthcare Research and Quality the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs, (2) by striking subsection (e) (relating to authorization of appropriations). 8. National contingency plan for newborn screening Section 1115(a) of the Public Health Service Act ( 42 U.S.C. 300b–14(a) The plan shall be updated as needed and at least every five years. 9. Hunter Kelly Research Program Section 1116(a)(1) of the Public Health Service Act ( 42 U.S.C. 300b–15(a)(1) (1) in subparagraph (B), by striking ; and (2) by redesignating subparagraph (C) as subparagraph (E); and (3) by inserting after subparagraph (B) the following: (C) by providing research findings and data for newborn conditions under review by the Advisory Committee on Heritable Disorders in Newborns and Children to be added to the recommended uniform screening panel; (D) conducting pilot studies on conditions recommended by the Advisory Committee on Heritable Disorders in Newborns and Children to ensure that screenings are ready for nationwide implementation; and . 10. Authorization of appropriations Part A of title XI of the Public Health Service Act is amended by adding at the end, the following: 1117. Authorization of appropriations for newborn screening programs and activities There are authorized to be appropriated— (1) to carry out sections 1109, 1110, 1111, and 1112, $18,334,000 for each of fiscal years 2014 through 2018; and (2) to carry out section 1113, $7,500,000 for each of fiscal years 2014 through 2018. . 11. Reports to Congress (a) GAO report on timeliness of newborn screening (1) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning the timeliness of screening for heritable disorders in newborns. (2) Contents The report submitted under paragraph (1) shall include the following: (A) An analysis of information regarding the timeliness of newborn screening, which may include the time elapsed from birth to specimen collection, specimen collection to receipt by laboratory, specimen receipt to reporting, reporting to follow-up testing, and follow-up testing to confirmed diagnosis. (B) A summary of any guidelines, recommendations, or best practices available to States and health care providers intended to support a timely newborn screening system. (C) An analysis of any barriers to maintaining a timely newborn screening system which may exist and recommendations for addressing such barriers. (b) Report by Secretary (1) In general The Secretary of Health and Human Services shall— (A) not later than 1 year after the date of enactment of the Newborn Screening Saves Lives Reauthorization Act of 2013 (i) newborn screening; and (ii) screening children who have or are at risk for heritable disorders; and (B) not less than every 2 years, shall submit to such committees an updated version of such report. (2) Contents The report submitted under this subsection shall contain a description of— (A) the ongoing activities under sections 1109, 1110, and 1112 through 1115 of the Public Health Service Act; and (B) the amounts expended on such activities. Passed the Senate January 29, 2014. Secretary | Newborn Screening Saves Lives Reauthorization Act of 2013 |
Hyde Amendment Codification Act - Prohibits the expenditure for any abortion of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law . Prohibits the use of federal funds for any health benefits coverage that includes abortion. (Currently, federal funds cannot be used for abortion services, and plans receiving federal funds must keep them segregated from any funds for abortion services.) Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. | 114 S219 IS: Hyde Amendment Codification Act U.S. Senate 2015-01-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 219 IN THE SENATE OF THE UNITED STATES January 21, 2015 Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To prohibit the expenditure of Federal funds for abortions, and for other purposes. 1. Short title This Act may be cited as the Hyde Amendment Codification Act 2. Prohibiting Federally funded abortions Title 1 of the United States Code is amended by adding at the end the following new chapter: 4 Prohibiting Federally funded abortions 301. Prohibition on funding for abortions (a) In general No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. (b) Health benefits coverage No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. 302. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in sections 301 shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. . | Hyde Amendment Codification Act |
Historic Downtown Preservation and Access Act - Amends the Internal Revenue Code to allow a refundable tax credit for 50% of the cost of installing an elevator system or a sprinkler system in a certified historic structure. Limits the total amount of such credit to $50,000 in any taxable year. | 114 S932 IS: Historic Downtown Preservation and Access Act U.S. Senate 2015-04-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 932 IN THE SENATE OF THE UNITED STATES April 14, 2015 Mr. Leahy Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for the installation of sprinklers and elevators in historic structures. 1. Short title This Act may be cited as the Historic Downtown Preservation and Access Act 2. Credit for installation of sprinklers and elevators in historic buildings (a) In general Subpart C of part IV of subchapter A of chapter 1 36C. Historic building expenses (a) In general There shall be allowed a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the qualified historic building expenses paid or incurred by the taxpayer during such taxable year. (b) Limitation The credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $50,000. (c) Qualified historic building expenses For purposes of this section— (1) In general The term qualified historic building expenses (2) National historic landmarks In the case of a certified historic structure that is designated as a National Historic Landmark in accordance with section 101(a) of the National Historic Preservation Act ( 16 U.S.C. 470a(a) qualified historic building expenses (3) Certified historic structure The term certified historic structure . (b) Conforming amendments (1) Section 1324 of title 31, United States Code, is amended by inserting , 36C , 36B (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 Sec. 36C. Historic building expenses. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. | Historic Downtown Preservation and Access Act |
Internet Tax Freedom Forever Act - Amends the Internet Tax Freedom Act to make permanent the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce. | 114 S431 IS: Internet Tax Freedom Forever Act U.S. Senate 2015-02-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 431 IN THE SENATE OF THE UNITED STATES February 10, 2015 Mr. Thune Mr. Wyden Mr. McConnell Mr. Schumer Ms. Ayotte Mrs. Murray Mr. Scott Mrs. Shaheen Mr. Cruz Mr. Tester Ms. Murkowski Mr. Donnelly Mr. Blunt Mr. Leahy Mr. Rubio Mr. Merkley Mr. Crapo Mr. Coons Mr. Heller Mr. Markey Mr. Barrasso Mr. Peters Mr. Portman Mr. Moran Mr. Burr Mr. Boozman Mr. Kirk Mrs. Capito Mr. Daines Mr. Vitter Mr. Grassley Mr. Isakson Mr. Coats Mrs. Fischer Mr. Roberts Mr. McCain Mr. Gardner Mr. Toomey Mr. Inhofe Mr. Lee Mr. Graham Mr. Flake Committee on Finance A BILL To permanently extend the Internet Tax Freedom Act. 1. Short title This Act may be cited as the Internet Tax Freedom Forever Act 2. Findings Congress makes the following findings: (1) The Internet has continued to drive economic growth, productivity and innovation since the Internet Tax Freedom Act was first enacted in 1998. (2) The Internet promotes a nationwide economic environment that facilitates innovation, promotes efficiency, and empowers people to broadly share their ideas. (3) According to the National Broadband Plan, cost remains the biggest barrier to consumer broadband adoption. Keeping Internet access affordable promotes consumer access to this critical gateway to jobs, education, healthcare, and entrepreneurial opportunities, regardless of race, income, or neighborhood. (4) Small business owners rely heavily on affordable Internet access, providing them with access to new markets, additional consumers, and an opportunity to compete in the global economy. (5) Economists have recognized that excessive taxation of innovative communications technologies reduces economic welfare more than taxes on other sectors of the economy. (6) The provision of affordable access to the Internet is fundamental to the American economy and access to it must be protected from multiple and discriminatory taxes at the State and local level. (7) As a massive global network that spans political boundaries, the Internet is inherently a matter of interstate and foreign commerce within the jurisdiction of the United States Congress under article I, section 8, clause 3 of the Constitution of the United States. 3. Permanent moratorium on Internet access taxes and multiple and discriminatory taxes on electronic commerce (a) In general Section 1101(a) of the Internet Tax Freedom Act ( 47 U.S.C. 151 Public Law 113–235 during the period beginning November 1, 2003, and ending October 1, 2015 (b) Effective date The amendment made by this section shall apply to taxes imposed after the date of the enactment of this Act. | Internet Tax Freedom Forever Act |
Pregnancy Assistance Fund Expansion Act - Amends the Patient Protection and Affordable Care Act to authorize additional funding for FY2014-FY2019 for the Pregnancy Assistance Fund for grants to states to assist pregnant and parenting teens and women. | 114 S221 IS: Pregnancy Assistance Fund Expansion Act U.S. Senate 2015-01-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 221 IN THE SENATE OF THE UNITED STATES January 21, 2015 Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to authorize additional funding for the pregnancy assistance fund. 1. Short title This Act may be cited as the Pregnancy Assistance Fund Expansion Act 2. Additional funding for the Pregnancy Assistance Fund Section 10214 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18204 In addition to amounts authorized to be appropriated in the previous sentence, there are authorized to be appropriated to carry out section 10210, an additional $25,000,000 for each of fiscal years 2016 through 2019. | Pregnancy Assistance Fund Expansion Act |
Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act - (Section 5) Establishes the Spokane Tribe of Indians Recovery Trust Fund. Directs the Secretary of the Treasury to deposit $53 million into the Fund. Requires payments from the Fund to the Spokane Business Council in compensation for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. (The Spokane Business Council is the Spokane Tribe's governing body.) Requires the Council to prepare a plan for the use of those payments to promote: (1) economic development; (2) infrastructure development; (3) educational, health, recreational, and social welfare objectives of the Tribe and its members; or (4) any combination of those activities. (Sec. 6) Directs the Bonneville Power Administration to make annual payments under the Colville Settlement Agreement to the Spokane Tribe. Requires the Administration to: (1) make commensurate cost reductions in expenditures on an annual basis to recover each payment to the Tribe, and (2) include any such cost reduction in its annual budget. (Sec. 7) Specifies the tax treatment of payments made to the Council or Tribe and the interest and income generated by those payments. (Sec. 9) Provides that the deposit of amounts in the Fund extinguishes all monetary claims that the Tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of the Tribe's land to produce hydropower at Grand Coulee Dam. (Sec. 10) Declares that nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. | 113 S1448 RS: Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 448 113th CONGRESS 2d Session S. 1448 [Report No. 113–202] IN THE SENATE OF THE UNITED STATES August 1, 2013 Ms. Cantwell Mrs. Murray Mr. Begich Committee on Indian Affairs June 26, 2014 Reported by Mr. Tester Strike out all after the enacting clause and insert the part printed in italic A BILL To provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes. 1. Short title This Act may be cited as the Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act 2. Findings Congress finds that— (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act ( 16 U.S.C. 792 et seq. (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that— (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 ( 16 U.S.C. 835d et seq. (A) granted to the United States— (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid— (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the Indian Claims Commission Act 25 U.S.C. 70 et seq. (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective Tribes with the Commission prior to August 13, 1951, but both Tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. 3. Purpose The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. 4. Definitions In this Act: (1) Administrator The term Administrator (2) Colville Settlement Agreement The term Colville Settlement Agreement (3) Colville Tribes The term Colville Tribes (4) Computed Annual Payment The term Computed Annual Payment (5) Confederated Tribes Act The term Confederated Tribes Act Public Law 103–436 (6) Fund The term Fund (7) Secretary The term Secretary (8) Spokane Business Council The term Spokane Business Council (9) Spokane Tribe The term Spokane Tribe 5. Spokane Tribe of Indians Recovery Trust Fund (a) Establishment of fund There is established in the Treasury of the United States a separate account to be known as the Spokane Tribe of Indians Recovery Trust Fund (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000. (c) Maintenance and investment of Fund The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payments to the Spokane Tribe (1) In general At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, the Spokane Business Council may request that all or a portion of the amounts in the Fund be disbursed to the Spokane Tribe by submitting to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting the disbursement. (2) Payment Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe. (e) Plan (1) In general Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (2) Review and revision (A) In general The Spokane Business Council shall make available to the members of the Spokane Tribe for review and comment a copy of the plan before the date on which the plan is final, in accordance with procedures established by the Spokane Business Council. (B) Updates The Spokane Business Council may update the plan on an annual basis, subject to the condition that the Spokane Business Council provides the members of the Spokane Tribe an opportunity to review and comment on the updated plan. 6. Payments by Administrator (a) Initial payment On March 1, 2014, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2013. (b) Subsequent payments (1) In general Not later than March 1, 2015, and March 1 of each year thereafter through March 1, 2023, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2024, and subsequent years Not later than March 1, 2024, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. 7. Treatment after amounts are paid (a) Use of payments Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No trust responsibility of the Secretary Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of funds for certain purposes The payments of all amounts to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal audit After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall— (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. 8. Repayment credit (a) In general The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act ( 16 U.S.C. 838k (1) in fiscal year 2023, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000. (b) Crediting (1) In general Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be— (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. 9. Extinguishment of claims On the deposit of amounts in the Fund under section 5, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. 10. Administration Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. 1. Short title This Act may be cited as the Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act 2. Findings Congress finds that— (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act ( 16 U.S.C. 792 et seq. (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that— (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 ( 16 U.S.C. 835d et seq. (A) granted to the United States— (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid— (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the Indian Claims Commission Act 25 U.S.C. 70 et seq. (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective Tribes with the Commission prior to August 13, 1951, but both Tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. 3. Purpose The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. 4. Definitions In this Act: (1) Administrator The term Administrator (2) Colville Settlement Agreement The term Colville Settlement Agreement (3) Colville Tribes The term Colville Tribes (4) Computed Annual Payment The term Computed Annual Payment (5) Confederated Tribes Act The term Confederated Tribes Act Public Law 103–436 (6) Fund The term Fund (7) Secretary The term Secretary (8) Spokane Business Council The term Spokane Business Council (9) Spokane Tribe The term Spokane Tribe 5. Spokane Tribe of Indians Recovery Trust Fund (a) Establishment of fund There is established in the Treasury of the United States a separate account to be known as the Spokane Tribe of Indians Recovery Trust Fund (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000. (c) Maintenance and investment of Fund The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payments to the Spokane Tribe (1) In general At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, the Spokane Business Council may request that all or a portion of the amounts in the Fund be disbursed to the Spokane Tribe by submitting to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting the disbursement. (2) Payment Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe. (e) Plan (1) In general Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (2) Review and revision (A) In general The Spokane Business Council shall make available to the members of the Spokane Tribe for review and comment a copy of the plan before the date on which the plan is final, in accordance with procedures established by the Spokane Business Council. (B) Updates The Spokane Business Council may update the plan on an annual basis, subject to the condition that the Spokane Business Council provides the members of the Spokane Tribe an opportunity to review and comment on the updated plan. 6. Payments by Administrator (a) Initial payment On March 1, 2014, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2013. (b) Subsequent payments (1) In general Not later than March 1, 2015, and March 1 of each year thereafter through March 1, 2023, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2024, and subsequent years Not later than March 1, 2024, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. (c) Payment recovery (1) In general In accordance with the payment schedule in subsection (b), the Administrator shall make commensurate cost reductions in expenditures on an annual basis to recover each payment to the Tribe. (2) Annual budget The Administrator shall include any cost reduction under paragraph (1) in the annual budget of the Administrator submitted to Congress. 7. Treatment after amounts are paid (a) Use of payments Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No trust responsibility of the Secretary Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of funds for certain purposes The payments of all amounts to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal audit After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall— (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. 8. Repayment credit (a) In general The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act ( 16 U.S.C. 838k (1) in fiscal year 2024, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000. (b) Crediting (1) In general Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be— (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. 9. Extinguishment of claims On the deposit of amounts in the Fund under section 5, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. 10. Administration Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. June 26, 2014 Reported with an amendment | Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act |