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Commuter Benefits Equity Act of 2013 - Amends the Internal Revenue Code to equalize and increase to $245, with a cost-of-living adjustment after 2013, the tax exclusion for both transportation and parking fringe benefits. Authorizes agencies to establish a program involving such benefits in lieu of transit passes to encourage commuting by federal employees by means other than single-occupancy motor vehicles. | 113 S1116 IS: Commuter Benefits Equity Act of 2013 U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1116 IN THE SENATE OF THE UNITED STATES June 7, 2013 Mr. Schumer Mr. Cardin Mr. Carper Mr. Menendez Mr. Coons Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to equalize the exclusion from gross income of parking and transportation fringe benefits and to provide for a common cost-of-living adjustment, and for other purposes. 1. Short title This Act may be cited as the Commuter Benefits Equity Act of 2013 2. Uniform dollar limitation for all types of transportation fringe benefits (a) In general Section 132(f)(2) (1) by striking $100 $245 (2) by striking $175 $245 (3) by striking the last sentence. (b) Inflation adjustment conforming amendments Subparagraph (A) of section 132(f)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking the last sentence, (2) by striking 1999 2013 (3) by striking 1998 2012 (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Clarification of Federal employee benefits Section 7905 (1) in subsection (a)— (A) in paragraph (2)(C) by inserting and (B) in paragraph (3) by striking ; and (C) by striking paragraph (4); and (2) in subsection (b)(2)(A) by amending subparagraph (A) to read as follows: (A) a qualified transportation fringe as defined in section 132(f)(1) of the Internal Revenue Code of 1986; . | Commuter Benefits Equity Act of 2013 |
Reengaging Americans in Serious Education by Uniting Programs Act - Directs the Secretary of Labor to award competitive, renewable, five-year grants to eligible partnerships to assist them in providing disconnected youth with the support needed to: (1) attain a secondary school diploma or its recognized equivalent; (2) attain a postsecondary credential, including those offered by institutions of higher education, industry groups, or registered apprenticeship programs; and (3) secure and succeed in a family-supporting career. Requires each eligible partnership to consist of entities or individuals qualified to represent the community assisted, including: (1) the head of the local government, (2) a local educational agency, (3) a local workforce system, (4) a representative from certain state and local service agencies serving young people, (5) an institution of higher education, (6) a representative of a community-based organization, (7) a representative from business or industry, (8) a representative with expertise in labor management relations, and (9) a disconnected youth and his or her caregivers. Requires grantees to award subgrants and contracts to community-based organizations and other entities for the provision of a comprehensive array of coordinated services to disconnected youth that include workforce preparation, education support, and youth support services. Directs the Secretary to award planning grants to eligible partnerships to enable them to submit competitive applications for grants to support disconnected youth. Establishes an accountability system for measuring the performance of each grantee against specified interim, transitional, and long-term indicators of success. Directs the Secretary to: (1) award a grant or contract to an entity outside the Department of Labor for an evaluation of grant-assisted activities; (2) disseminate best practices that emerge from the partnership grant program; and (3) provide training, technical assistance, and professional development for organizations serving disconnected youth, including organizations that do not receive funding under this Act. | 113 S1117 IS: Reengaging Americans in Serious Education by Uniting Programs Act U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1117 IN THE SENATE OF THE UNITED STATES June 7, 2013 Ms. Stabenow Committee on Health, Education, Labor, and Pensions A BILL To prepare disconnected youth for a competitive future. 1. Short title; table of contents (a) Short title This Act may be cited as the Reengaging Americans in Serious Education by Uniting Programs Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants authorized. Sec. 5. Application. Sec. 6. Priority. Sec. 7. Selection criteria. Sec. 8. Use of funds. Sec. 9. Planning grants authorized. Sec. 10. Accountability, performance measures, and evaluation. Sec. 11. Technical assistance and best practices. Sec. 12. Authorization of appropriations. 2. Findings and purposes (a) Findings Congress finds the following: (1) In the United States today, millions of youth drop out of secondary school, fail to complete their studies, or do not graduate on time. While the United States has made slow progress in improving graduation rates, the dropout challenge remains a crisis that is impeding the Nation's ability to produce an educated workforce and succeed in the 21st century global economy. (2) Government data shows that more than 25 percent of the Nation's students fail to complete secondary school in 4 years. In some of the larger cities of the United States and among urban minority youth, dropout rates of 40 percent are not uncommon. (3) According to recent research, there is an estimated 6,700,000 youth ages 16–24 who are disconnected from school and work, of which 3,400,000 are chronic, having had no attachment to school or work since age 16, and 3,300,000 are under-attached to school or work and have not progressed toward employment or postsecondary education. While disconnected youth are disproportionately male and from minority groups, substantial disconnected youth rates are found for all groups of youth. (4) The impact of this dropout crisis has been likened to a permanent recession for youth, and it has consequences for the economy of the United States. Disconnected youth are more likely than other youth to engage in criminal activities, become incarcerated, and rely on public systems of support. (5) The Department of Education reports that the average secondary school dropout is associated with costs to the economy of approximately $240,000 over the individual's lifetime in terms of lower tax contributions, higher reliance on government health programs and public assistance, and higher rates of criminal activity. Over their lifetimes, secondary school dropouts are estimated to earn $400,000 less than secondary school graduates. Further, only 37 percent of secondary school dropouts are steadily employed, and they are more than twice as likely to live in high poverty. (6) Experts estimate that two-thirds of jobs created in the near future will require at least some postsecondary education. Education and training pathways that help youth to earn a secondary school diploma and postsecondary credentials are essential. (b) Purposes The purposes of this Act are— (1) to prepare disconnected youth for a competitive future; (2) to challenge and support young people who have dropped out of secondary school to— (A) attain a secondary school diploma; (B) attain a 2-year or 4-year credential from a recognized postsecondary educational institution, an industry-recognized credential, or certification from a registered apprenticeship program; and (C) secure and succeed in a family-supporting career; and (3) to support local community partnerships in integrating existing, and often disparate, services into a comprehensive, cross-systems dropout recovery approach. 3. Definitions In this Act: (1) Disability The term disability 42 U.S.C. 12102 (2) Disconnected youth The term disconnected youth (A) has left secondary school without obtaining a secondary school diploma; (B) is or was previously a homeless child or youth; (C) is or was under the care and placement responsibility of the State agency responsible for administering a plan under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. (D) was under the custody of a juvenile justice or criminal justice system; (E) has a disability; or (F) is a low-income individual and is pregnant or parenting and not attending any school. (3) Eligible entity The term eligible entity (A) A mayor, or other appropriate chief executive officer, of a unit of general purpose local government in the community. (B) A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (C) A local workforce system serving the community. (D) An institution of higher education serving the community. (E) A representative of a local or state system serving young people in the community, including— (i) a juvenile justice system; (ii) a criminal justice system; (iii) a housing agency; (iv) a mental health agency; and (v) a child welfare agency. (F) A representative of a community-based organization serving the community. (G) A representative from business or industry. (H) A representative with expertise in labor management relations. (I) A disconnected youth in the community and the parents or caregivers of such disconnected youth. (4) Federal Youth Development Council The term Federal Youth Development Council Public Law 109–365 (5) Homeless children and youths The term homeless children and youths 42 U.S.C. 11434a (6) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (7) One-stop center The term one-stop center (8) Postsecondary education The term postsecondary education (A) a 4-year program of instruction, or not less than a 1-year program of instruction that is acceptable for credit toward a baccalaureate degree, offered by an institution of higher education; or (B) a certificate or registered apprenticeship program at the postsecondary level offered by an institution of higher education or a nonprofit educational institution. (9) Registered apprenticeship program The term registered apprenticeship program (10) Secondary school The term secondary school 20 U.S.C. 7801 (11) Secretary The term Secretary (12) Young people The term young people 4. Grants authorized (a) In general The Secretary, in consultation with the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Attorney General of the United States, the Federal Youth Development Council, and leaders in the field of working with disconnected youth, shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to pay the costs of— (1) developing and implementing a strategy to identify disconnected youth; and (2) providing such disconnected youth with support needed to— (A) attain a secondary school diploma or its recognized equivalent; (B) attain a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (C) secure and succeed in a family-supporting career. (b) Minimum grant amount The Secretary shall award a grant under this section in an amount that— (1) is appropriate to achieve the goals and implement the activities described in the application submitted under section 5; and (2) is not less than $1,000,000 per year. (c) Duration of grant A grant under this section shall be awarded for a period of 5 years, and may be renewed at the discretion of the Secretary based on the effective performance of the eligible entity under the preceding grant in accordance with the levels of performance determined by the eligible entity and the Secretary pursuant to section 9(b). (d) Equitable geographic distribution of funds The Secretary shall ensure an equitable and appropriate distribution of grants awarded under this section among eligible entities— (1) serving urban, rural, and suburban areas; and (2) with varying degrees of experience and expertise in serving disconnected youth. (e) Fiscal and administrative agents An eligible entity shall choose an entity to be the fiscal agent and an entity to be the administrative agent for the grant funds received under this section. (f) Existing partnership An existing workforce, education, or youth development partnership, coalition, or organization may serve as the eligible entity for the purposes of grants under this section if the partnership, coalition, or organization includes, or modifies the members of the partnership, coalition, or organization to include, the individuals required to be included in the eligible entity under section 3(3). 5. Application (a) In general An eligible entity that desires a grant under section 4 shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under this section shall include— (1) a description of the eligible entity submitting the application, including a description of the fiscal agent and the administrative agent for the grant; (2) a description of the strategy that the eligible entity will use to carry out the purpose of this Act, which shall include— (A) a well-developed education component with an emphasis on— (i) multiple pathways and options towards secondary school diploma and postsecondary credential attainment, which may include recuperative strategies such as competency-based instruction and credit retrieval as well as basic literacy; and (ii) the skills needed in the fields of science, technology, engineering, and mathematics; (B) a work preparation component, which may include a hands-on internship, work experience, or national or community service, that promotes the development of applied skills such as oral and written communication, teamwork, leadership, and critical thinking; and (C) a youth support component, including the array of comprehensive support services that will— (i) address the challenges that caused the disconnected youth to leave school without a secondary school diploma; (ii) remove barriers to and support the attainment of— (I) the graduation of such young people from secondary school; (II) a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (III) success in a family-supporting career; and (iii) provide appropriate case management to ensure young people achieve the purposes described in section 2(b); (3) a needs assessment of the community to be assisted under the grant, including— (A) an estimate of the number of disconnected youth in the community; and (B) an assessment of resources available in the community that can help such disconnected youth— (i) address the challenges that caused such disconnected youth to leave school without a secondary school diploma; (ii) return to an appropriate educational setting; (iii) attain a secondary school diploma; (iv) attain a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (v) secure and succeed in a family-supporting career; (4) a plan for identifying and engaging disconnected youth and connecting such disconnected youth with a continuum of comprehensive and coordinated resources that can help such disconnected youth attain a secondary school diploma, a recognized postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program, and secure and succeed in a family-supporting career, including a description of— (A) the needs of such disconnected youth that will be met by the eligible entity through the grant; (B) the identities, roles, and capacity of the partners in the eligible entity to fulfill the needs described in subparagraph (A), including a description of the role to be played by— (i) secondary schools and institutions of higher education in constructing education programming; (ii) the local workforce system, including one-stop career centers and businesses, in developing and implementing the workforce preparation activities; and (iii) systems serving young people, including the juvenile justice system, and other community-based organizations in providing outreach, support, and direct service; (C) a plan to leverage non-Federal (including in-kind) resources and a plan for sustainability beyond the grant period; (D) the services to be provided through the grant to carry out the strategy described in paragraph (2) and a description of the process that will be used to award subgrants and contracts under section 8 for the provision of such services; (E) the research and evidence base indicating why the selected strategy and selection of services will be effective in meeting the comprehensive needs of the disconnected youth identified in the community; (F) the goals, intended outcomes, and performance measures of the eligible entity's strategy in accordance with the performance measures under section 10(b); (G) a statement of concurrence on the application, signed by the partners in the eligible entity, that outlines the specific roles and responsibilities of the partners as the roles and responsibilities relate to the functioning of the eligible entity; and (H) a plan to create, or include an existing, youth advisory council, that is composed of disconnected youth from the community to be served, to make recommendations regarding the services to be provided under the grant; (5) a description of the system that will be put in place to— (A) provide case management, counseling, intensive placement and follow-up services, adult advocacy, or mentoring to help disconnected youth and their families access the various systems, resources, and supports necessary to ensure such young people's success; and (B) ensure that young people receiving services through the grant will receive individualized case management to ensure that the young people achieve the purposes described in section 2(b), including— (i) an assessment of needs; (ii) coordination of appropriate services; and (iii) academic preparation and support for entry, persistence, and completion of postsecondary education; (6) a description of how the eligible entity will ensure that every young person served under the grant receives comprehensive services, including services from each of the categories described in paragraphs (1) through (3) of section 8(b) until the young person— (A) attains a secondary school diploma, a 2-year or 4-year credential or occupational certification from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (B) secures employment that can lead to economic self-sufficiency; (7) a description of how the strategy to be implemented under the grant will identify, engage, and provide services to young people who— (A) left school without a secondary school diploma and have reading, mathematics, or science skills at or below the grade 8 level; and (B) are disconnected youth described in any of subparagraphs (C) through (E) of section 3(2); (8) a description of how public and private services that exist on the date of submission of the application will be coordinated and integrated in order to implement and sustain the strategy under the grant; (9) a description of how Federal, State, and local private and public funds will be leveraged, coordinated, and integrated in order to implement the strategy under the grant; (10) a description of how the strategy to be implemented under the grant strengthens, and does not duplicate, efforts within the community to be served under the grant that are funded under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2851 et seq. (11) a description of the process to be used to review or approve the industry-recognized credentials that may be attained by the young people receiving support under the grant; and (12) a description of how the strategy to be implemented under the grant aligns with the efforts of the local educational agency serving the community assisted under the grant to improve secondary schools, including efforts focused on— (A) students who are off-track to an on-time graduation; and (B) recuperative strategies. (c) Existing plans, assessments, and strategies Plans, needs assessments, and strategies that have been developed by an eligible entity or the partners in the eligible entity may be used to satisfy the requirements of this section if such plans, needs assessments, or strategies— (1) include the information required by this section, or can be modified to include the information required by this section; and (2) are submitted to the Secretary with such modifications. 6. Priority In awarding grants to eligible entities under section 4, the Secretary shall give priority to applications from eligible entities proposing— (1) to serve areas with disproportionately high numbers or percentages of young people who have left secondary school without obtaining a secondary school diploma or its recognized equivalent; (2) to serve areas with high concentrations of young people in families whose family income is not more than 200 percent of the poverty line (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) (3) to serve areas with high numbers or percentages of young people who are unemployed or underemployed. 7. Selection criteria The Secretary shall award grants to eligible entities under section 4 based on selection criteria that includes the following: (1) Best practices or research The extent to which the application submitted by an eligible entity under section 5 is rooted in documented best practices or research. (2) Integration The extent to which the application demonstrates the integration of multiple services into a comprehensive, coordinated continuum that meets the holistic needs of young people, including health services, mental health services, housing, civic opportunities, job readiness, work experience, school readiness, reenrollment in school, and connections to family and community. (3) Leadership and community involvement The extent to which the application demonstrates the leadership and substantive involvement of the business community, the mayor or appropriate chief executive officers of the general purpose local government of the community to be served by the grant, each local educational agency serving the community, the public and nonprofit sectors of the community, and other individuals and entities described in section 3(2), of the community. (4) Leveraging and sustainability The extent to which the application demonstrates that resources from multiple sources will be leveraged to implement the grant, and the extent to which the application demonstrates a plan for sustainability beyond the grant period. 8. Use of funds (a) Subgrants (1) In general Each eligible entity receiving a grant under section 4 shall use the grant funds— (A) to award subgrants and contracts to community-based organizations and other entities to enable the organizations and entities to provide a comprehensive array of coordinated activities that will— (i) support the educational, career and technical, social, emotional, and civic needs of disconnected youth; and (ii) allow disconnected youth to graduate from secondary school, attain a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program, and secure and succeed in a family-supporting career; (B) for training, technical assistance, and professional development for the organizations and entities that is offered by local or national organizations; (C) for coordinating the overall effort of the eligible entity; and (D) for the reasonable costs associated with the administration and oversight of the grants under section 4. (2) Use of subgrant funds Each organization or entity receiving a subgrant or contract under this section— (A) shall use the subgrant or contract funds to carry out a workforce preparation service, an education support service, or a youth support service, described in paragraphs (1), (2), and (3) of subsection (b), respectively; and (B) may use the subgrant or contract funds to carry out an activity described in paragraph (4) or (5) of subsection (b). (b) Allowable activities The services and activities referred to in subsection (a)(2) include the following: (1) Work and career preparation (A) Workforce preparation Job training, youth entrepreneurship, technological and career and technical skill building, meaningful internship and apprenticeship opportunities, and other workforce preparation activities developed in partnership with the business community and other employers. (B) Exposure and preparation for careers Strategies that will expose disconnected youth to, and prepare such disconnected youth for, careers, including careers in high-growth, high-demand industries that require the use of science, technology, engineering, and mathematics skills. (C) Applied skills Strategies that promote the development of applied skills in such young people, including oral and written communication, teamwork, leadership, critical thinking, and a commitment to social and civic responsibility, including service-learning activities. (D) Compensation Compensation for employment opportunities for such young people, including summer and year-round employment opportunities, national and community service, service-learning, and work experience. (2) Education support (A) Education programming Education programming for such young people, including assessment, instruction, tutoring, and technology supports to academic instruction. (B) Career and technical education Career and technical education. (C) Dual enrollment programs and early college high schools Participation in dual enrollment programs, early college high schools, and other proven models for supporting the educational achievement of disconnected youth. (D) Postsecondary credentials Programs that provide young people with a postsecondary credential from an institution of higher education, a non-profit postsecondary educational institution that offers an industry recognized credential, or a registered apprenticeship program. (E) Transition support Support for young people in their transition into and their successful completion of postsecondary education. (F) Financial assistance Financial assistance for such young people for education support services and for higher education. (3) Youth support (A) Case management Case management, including using subgrant or contract funds for youth centers to serve as points of access and continued support. (B) Health, mental health, or drug treatment services Health services, mental health services, or drug treatment services. (C) Housing Housing. (D) Transportation Transportation. (E) Childcare or family support services Childcare services or family support services. (F) Mentoring activities Mentoring activities for such young people, including one-to-one relationship building and tutoring. (4) Curriculum development Curriculum development that promotes contextual learning. (5) Other services or opportunities Other services or opportunities that the Secretary or the eligible entity determine will help carry out the purposes of this Act. (c) Eligible participants An eligible entity receiving a grant under section 4 shall ensure that, of the group of young people who receive the services and participate in the activities described in subsections (a) and (b) under the grant, not less than 75 percent of the group shall be disconnected youth as defined in section 3(2). (d) Waiver of multiple service requirement The Secretary may waive the requirement of subsection (a) regarding the provision of a comprehensive array of coordinated activities for an eligible entity receiving a grant under section 4 to permit not more than 25 percent of the young people served by the eligible entity under the grant to receive only 1 or more services among the allowable activities described in subsection (b) if the eligible entity determines that such young people only need 1 or more such services in order to— (1) attain a secondary school diploma; (2) attain a recognized postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (3) secure and succeed in a family-supporting career. 9. Planning grants authorized (a) In general The Secretary shall award planning grants to eligible entities to develop the components of the application described in section 5, in order to allow eligible entities to become competitive for grants under section 4. (b) Duration; amount Planning grants under this section shall be— (1) for a duration of not more than 6 months in an amount of not more than $50,000; or (2) for a duration of more than 6 months and not more than one year and in an amount of not more than $100,000. (c) Recipients Recipients of grants under this section shall include— (1) eligible entities that applied for and did not receive a grant under section 4, and demonstrate the ability to submit a competitive application after additional local planning; and (2) eligible entities that intend to apply for a grant under section 4 after undergoing a thorough planning process. 10. Accountability, performance measures, and evaluation (a) Purpose The purpose of this section is to establish an accountability system, comprised of the activities described in this section, in order to— (1) assess the effectiveness of grants under section 4 in helping disconnected youth— (A) attain a secondary school diploma; (B) attain a 2-year or 4-year credential from an institution of higher education, an industry recognized credential, or certification from a registered apprenticeship program; and (C) secure and succeed in a family-supporting career; (2) identify and disseminate effective practices to strengthen performance; and (3) maximize the return on investment of Federal funds in activities assisted pursuant to a grant under section 4. (b) Performance measures (1) In general For each eligible entity, performance measures shall consist of the indicators of performance described in paragraph (2) and the level of performance described in paragraph (3). (2) Indicators of performance The indicators of performance referred to in paragraph (1) shall consist of the following: (A) Interim indicators (i) Youth participation The participation of young people in activities funded under section 4. (ii) Youth progress The progress of young people towards all of the following: (I) Attainment of a secondary school diploma or its recognized equivalent. (II) Job readiness. (iii) Youth attainment The attainment by young people of a secondary school diploma or its recognized equivalent. (B) Transitional indicators (i) Diploma, and entrance into education or employment The attainment by young people of a secondary school diploma, and entrance into postsecondary education or employment. (ii) Credential The attainment by young people of 1 or more recognized postsecondary credentials, which may include a certificate, a license, a journey-status card, or an associate degree or baccalaureate degree. (C) Long-term indicators (i) Employment, diploma, and credential Employment of individuals who participated in activities funded under section 4, attained a secondary school diploma, and attained 1 or more recognized credentials, which may include a certificate, license, journey-status card, or associate degree or baccalaureate degree. (ii) Initial wage or salary level The initial wage or salary level of individuals described in clause (i). (3) Level of performance For each indicator of performance described in paragraph (2), the Secretary, in coordination with the eligible entity, shall determine a level of performance expressed in objective, quantifiable, and measurable form and in a way to show the progress of the eligible entity toward continuously improving performance. (4) Eligible entity measures (A) In general Each eligible entity that receives a grant under section 4 shall reach agreement with the Secretary on the levels of performance for the years covered by the grant. The levels of performance shall take into account the economic conditions of the area served, the characteristics of young people in the area, secondary school graduation rates, and the activities or services provided in the community served under the grant. (B) Adjustments If unanticipated circumstances arise resulting in a significant change in the economic conditions of the area, the characteristics of young people in the area, secondary school graduation rates, or activities or services provided in the community served under the grant, then the eligible entity may request that the Secretary adjust the level of performance for the eligible entity. (c) Assurance Each eligible entity that receives a grant under section 4 shall provide an assurance to the Secretary, as part of the application submitted under section 5, that the eligible entity will— (1) report progress toward achieving the indicators under subsection (b) beyond the grant period for young people served under the grant; and (2) use funds provided under the grant for such progress reporting. (d) Reports (1) In general Each eligible entity that receives a grant under section 4 shall annually, for each year of the grant, provide a report to the Secretary that includes the progress of the eligible entity in accomplishing the performance measures for the eligible entity. The annual report shall include— (A) information on the progress each eligible entity made in accomplishing its performance measures, disaggregated by the categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); (B) the costs of the activities supported under the grant under section 4, including— (i) the type of cost, such as cash, personnel, equipment, supplies, or materials, or other cost; (ii) the sources used to pay such costs, such as— (I) funding from other Federal, State, or local public programs; or (II) private sector or philanthropic contributions; and (iii) the dollar value of the resources leveraged to cover such costs and support the activities; (C) any fiscal and management accountability information required by the Secretary, which information shall use sound financial and management practices; (D) the characteristics and number of disconnected youth served by the services and activities provided under the grant; and (E) the services and supports provided under the grant. (2) Valid and reliable information In preparing the reports under this subsection, each eligible entity shall establish procedures, consistent with guidelines issued by the Secretary, to ensure that the information contained in the reports is valid and reliable. (e) Evaluation Not later than 90 days after the date of enactment of this Act, the Secretary shall award a grant or a contract to an entity outside the Department of Labor for an evaluation of the activities assisted under the grants awarded under section 4. Such evaluation shall— (1) evaluate a subgroup of eligible entities that received a grant under section 4; (2) include an analysis and documentation of the strategies implemented by the eligible entities assisted under the grants awarded under section 4 and the key lessons learned, as such lessons relate to program design, systems coordination, and implementation; (3) measure the outcomes, and progress toward the outcomes, of the strategies implemented under the grants under section 4 in terms of the interim and transitional indicators of performance under subsection (b)(2), and if feasible, the long-term indicators of performance under such subsection; (4) document the incremental progress of such young people over time on the outcomes measured under paragraph (3); (5) measure the return on investment resulting from the activities funded with grants under section 4; and (6) begin as soon as practicable after the awarding of the grant or contract under this section and continue throughout the duration of the periods of the grants under section 4 so that the plans included in the applications under section 5 may be informed by, and conducive to, the evaluation. 11. Technical assistance and best practices The Secretary shall— (1) in consultation with the Federal Youth Development Council, the Coordinating Council on Juvenile Justice and Delinquency Prevention established under section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5616 (2) provide, directly or through a grant or contract with 1 or more nonprofit organizations selected through a competitive process, training, technical assistance, and professional development for organizations serving disconnected youth, including organizations serving such disconnected youth that do not receive funding under this Act. 12. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2018. (b) Allocation Of the amounts appropriated to carry out this section for each fiscal year, the Secretary shall use— (1) not less than 90 percent of such amount for grants to eligible entities under section 4 and section 9; and (2) a total of not more than 10 percent of such amount for the evaluation under section 10(b) and the training, technical assistance, and dissemination of best practices under section 11. | Reengaging Americans in Serious Education by Uniting Programs Act |
Child Sex Trafficking Data and Response Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to provide that for each child over whom the state has responsibility for placement, care, or supervision, the state agency shall: (1) identify and document in agency records each child identified as a victim of sex trafficking, including severe forms of trafficking in certain persons; and (2) report immediately, within 24 hours,any information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI). Requires such plans also to contain a regularly updated description of the specific measures the state agency has taken to protect and provide services to child victims of sex trafficking, including efforts to coordinate with state law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. Requires the Adoption and Foster Care Analysis and Reporting System (AFCARS) to provide comprehensive national information with respect to the aggregate number of children in foster care identified as victims of sex trafficking. Amends the Crime Control Act of 1990 to require any law enforcement agency that entered a missing child report into the NCIC to notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution. Amends the Child Abuse Prevention and Treatment Act to require that the state plan under the Act certifies that the state has in effect and is enforcing a state law, or is operating a statewide program, relating to child abuse and neglect that includes provisions and procedures requiring: (1) identification and assessment of all reports involving child victims of sex trafficking, and (2) training child protective services workers about identifying and providing comprehensive services for such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on issues related to identifying, and providing services for, victims of labor trafficking within the child welfare system. | 113 S1118 IS: Child Sex Trafficking Data and Response Act of 2013 U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1118 IN THE SENATE OF THE UNITED STATES June 7, 2013 Mr. Wyden Mr. Portman Mr. Blumenthal Mr. Brown Ms. Cantwell Mr. Kirk Mr. Bennet Committee on Health, Education, Labor, and Pensions A BILL To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent sex trafficking of children and serve the needs of children who are victims of sex trafficking, and for other purposes. 1. Short title This Act may be cited as the Child Sex Trafficking Data and Response Act of 2013 2. Streamline data collection and reporting on sex trafficking (a) Foster care and adoption assistance program (1) State plan requirements Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— (A) by striking and (B) by striking the period at the end of paragraph (33) and inserting a semicolon; and (C) by adding at the end the following: (34) provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall— (A) identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as a victim of severe forms of trafficking in persons described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (relating to sex trafficking) as such a victim; and (B) report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 (35) contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. . (2) Regulations The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph (1) and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a)(34)(B) 42 U.S.C. 674 (3) Inclusion of data in AFCARS (A) In general Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended— (i) in subparagraph (C)(iii), by striking and (ii) by adding at the end the following: (E) the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and . (B) Report to congress During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) (b) State reporting Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended— (1) in paragraph (2), by striking and (2) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking paragraph (2) paragraph (3) (B) in subparagraph (A), by inserting and a photograph taken within the previous 180 days dental records (C) in subparagraph (B), by striking and (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . (c) CAPTA amendments (1) State plan amendments Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a (A) in subsection (b)(2)(B)— (i) in clause (xxii), by striking and (ii) by adding at the end the following: (xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (xxv) provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; ; and (B) in subsection (d), by adding at the end the following: (17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv). . (2) Special rule (A) In general Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g (i) by striking For purposes (a) Definitions For purposes ; and (ii) by adding at the end the following: (b) Special Rule (1) In general For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of child abuse and neglect sexual abuse 22 U.S.C. 7102 (2) State option Notwithstanding the definition of child . (B) Conforming amendment Section 3(2) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 (including sexual abuse as determined under section 111) sexual abuse or exploitation (3) Technical correction Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking inhumane; inhumane. 3. Report to Congress on labor trafficking in child welfare and barriers to documentation and service provision to unique victim populations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Attorney General, shall submit to the Congress a report detailing issues related to identifying, and providing services for, victims of labor trafficking, as defined in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child welfare system. The report shall address the following: (1) Whether State law enforcement, child welfare, and other relevant State agencies have identified a significant presence of victims of labor trafficking within the child welfare population. (2) With respect to any States that have identified a significant presence of such victims— (A) any numerical estimates of the prevalence of such victims; (B) a description of how such States provide services for, or plan to provide services for, such victims; and (C) a description of the extent to which there are service delivery issues, particularly with respect to the extent to which the requirements associated with existing sources of Federal funding for all victims of trafficking, as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) 4. Effective date (a) In general Except as provided in subsection (b), the amendments made this Act shall take effect on the date that is 1 year after the date of the enactment of this Act (and in the case of the amendments made by section 2(a)(1), without regard to whether final regulations required under section 2(a)(2) have been promulgated. (b) Delay permitted if state legislation required In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Except as otherwise provided in this Act the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. | Child Sex Trafficking Data and Response Act of 2013 |
Positive Aging Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to public and private nonprofit entities to: (1) demonstrate ways of integrating mental health services for older adults into primary care settings, and (2) support the establishment and maintenance of interdisciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services. Requires the Director of the Center for Mental Health Services to designate a Deputy Director for Older Adult Mental Health Services to develop and implement initiatives to address the mental health needs of older adults. Includes representatives of older adults or their families and geriatric mental health professionals on the Advisory Council for the Center. Directs the Secretary to give special consideration to providing treatment for older adults with substance abuse disorders when developing program priorities for addressing priority substance abuse treatment needs of regional and national significance. Requires state plans for community mental health services grants to describe: (1) the state's outreach to, and services for, older individuals, individuals who are homeless, and individuals living in rural areas; and (2) how community-based services will be provided to these individuals. | 113 S1119 IS: Positive Aging Act of 2013 U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1119 IN THE SENATE OF THE UNITED STATES June 7, 2013 Ms. Collins Ms. Mikulski Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for integration of mental health services and mental health treatment outreach teams, and for other purposes. 1. Short title This Act may be cited as the Positive Aging Act of 2013 2. Demonstration projects to support integration of Mental Health Services in primary care settings Subpart 3 of part B of title V of the Public Health Service Act (1) in section 520(b)— (A) in paragraph (14), by striking and (B) in paragraph (15), by striking the period at the end and inserting ; and (C) by adding at the end the following: (16) conduct the demonstration projects specified in section 520L. ; and (2) by adding at the end the following: 520L. Projects to demonstrate integration of Mental Health Services in primary care settings (a) In general The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to public and private nonprofit entities for projects to demonstrate ways of integrating mental health services for older adults into primary care settings, such as health centers receiving a grant under section 330 (or determined by the Secretary to meet the requirements for receiving such a grant), other federally qualified health centers, primary care clinics, and private practice sites. (b) Requirements In order to be eligible for a grant under this section, the project to be carried out by the entity shall provide for collaborative care within a primary care setting, provided by licensed mental health professionals with appropriate training and experience in the treatment of older adults, in which screening, assessment, and intervention services are combined into an integrated service delivery model, including— (1) screening services by a mental health professional with at least a masters degree in an appropriate field of training; (2) referrals for necessary prevention, intervention, follow-up care, consultations, and care planning oversight for mental health and other service needs, as indicated; and (3) adoption and implementation of evidence-based intervention and treatment protocols (to the extent such protocols are available) for mental disorders prevalent in older adults including, but not limited to, mood and anxiety disorders, dementias of all kinds (including the behavioral and psychological symptoms of dementia), psychotic disorders, and substance-related disorders. (c) Considerations in awarding grants In awarding grants under this section, the Secretary, to the extent feasible, shall ensure that— (1) projects are funded in a variety of geographic areas, including urban and rural areas; and (2) a variety of populations, including racial and ethnic minorities and low-income populations, are served by projects funded under this section. (d) Duration A project may receive funding pursuant to a grant under this section for a period of up to 3 years, with an extension period of 2 additional years at the discretion of the Secretary. (e) Application To be eligible to receive a grant under this section, a public or private nonprofit entity shall— (1) submit an application to the Secretary (in such form, containing such information, and at such time as the Secretary may specify); and (2) agree to report to the Secretary standardized clinical and behavioral data and other performance data necessary to evaluate patient outcomes and to facilitate evaluations across participating projects. (f) Evaluation Not later than July 31 of the second calendar year after the date of enactment of this section, and July 31 of every year thereafter, the Secretary shall submit to Congress a report evaluating the projects receiving awards under this section for the year involved. (g) Supplement, not supplant Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2014 and each fiscal year thereafter. . 3. Grants for community-based mental health treatment outreach teams Subpart 3 of part B of title V of the Public Health Service Act 520M. Grants for community-based mental health treatment outreach teams (a) In general The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to public or private nonprofit entities that are community-based providers of geriatric mental health services, to support the establishment and maintenance by such entities of interdisciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services. Entities eligible for such grants include— (1) mental health service providers of a State or local government; (2) outpatient programs of private, nonprofit hospitals; (3) community mental health centers meeting the criteria specified in section 1913(c); and (4) other community-based providers of mental health services. (b) Requirements To be eligible to receive a grant under this section, an entity shall— (1) adopt and implement, for use by its mental health outreach team, evidence-based intervention and treatment protocols (to the extent such protocols are available) for mental disorders prevalent in older adults including, but not limited to, mood and anxiety disorders, dementias of all kinds (including the behavioral and psychological symptoms of dementia), psychotic disorders, and substance-related disorders, relying to the greatest extent feasible on protocols that have been developed— (A) by or under the auspices of the Secretary; or (B) by academicians; (2) provide screening for mental disorders, diagnostic services, referrals for treatment, and case management and coordination through such teams; and (3) coordinate and integrate the services provided by such team with the services of social service, mental health, and medical providers at the site or sites where the team is based in order to— (A) improve patient outcomes; and (B) to assure, to the maximum extent feasible, the continuing independence of older adults who are residing in the community. (c) Cooperative arrangements with sites serving as bases for outreach An entity receiving a grant under this section may enter into an agreement with a person operating a site at which a geriatric mental health outreach team of the entity is based, including— (1) senior centers; (2) adult day care programs; (3) assisted living facilities; and (4) recipients of grants to provide services to older adults under the Older Americans Act of 1965 (d) Considerations in awarding grants In awarding grants under this section, the Secretary, to the extent feasible, shall ensure that— (1) projects are funded in a variety of geographic areas, including urban and rural areas; and (2) a variety of populations, including racial and ethnic minorities and low-income populations, are served by projects funded under this section. (e) Application To be eligible to receive a grant under this section, an entity shall— (1) submit an application to the Secretary (in such form, containing such information, at such time as the Secretary may specify); and (2) agree to report to the Secretary standardized clinical and behavioral data and other performance data necessary to evaluate patient outcomes and to facilitate evaluations across participating projects. (f) Coordination The Secretary shall provide for appropriate coordination of programs and activities receiving funds pursuant to a grant under this section with programs and activities receiving funds pursuant to grants under section 520L and sections 381, 422, and 423 of the Older Americans Act of 1965 (g) Evaluation Not later than July 31 of the second calendar year after the date of enactment of this section, and July 31 of every year thereafter, the Secretary shall submit to Congress a report evaluating the projects receiving awards under this section for such year. (h) Supplement, not supplant Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2014 and each fiscal year thereafter. . 4. Designation of Deputy Director for Older Adult Mental Health Services in Center for Mental Health Services Section 520 of the Public Health Service Act (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Deputy Director for Older Adult Mental Health Services in Center for Mental Health Services The Director, after consultation with the Administrator, shall designate a Deputy Director for Older Adult Mental Health Services, who shall be responsible for the development and implementation of initiatives of the Center to address the mental health needs of older adults. Such initiatives shall include— (1) research on prevention and identification of mental disorders in the older adult population; (2) innovative demonstration projects for the delivery of community-based mental health services for older adults; (3) support for the development and dissemination of evidence-based practice models, including models to address substance-related disorders in older adults; and (4) development of model training programs for mental health professionals and caregivers serving older adults. . 5. Membership of advisory council for the Center for Mental Health Services Section 502(b)(3) of the Public Health Service Act (C) In the case of the advisory council for the Center for Mental Health Services, the members appointed pursuant to subparagraphs (A) and (B) shall include representatives of older adults or their families, and professionals with an expertise in geriatric mental health. . 6. Projects of national significance targeting substance abuse in older adults Section 509(b)(2) of the Public Health Service Act , and to providing treatment for older adults with substance-related disorders 7. Criteria for State plans under community Mental Health Services block grants (a) In general Section 1912(b)(4) of the Public Health Service Act (4) Targeted services to older individuals, individuals who are homeless, and individuals living in rural areas The plan describes the State’s outreach to and services for older individuals, individuals who are homeless, and individuals living in rural areas, and how community-based services will be provided to these individuals. . (b) Effective date The amendment made by subsection (a) shall apply to State plans submitted on or after the date that is 180 days after the date of enactment of this Act. | Positive Aging Act of 2013 |
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act - Designates certain land in the Mount Baker-Snoqualmie National Forest in the state of Washington, which shall be considered to become a part of the Alpine Lakes Wilderness, as wilderness and as a component of the National Wilderness Preservation System. Makes any land or interests within the proposed boundary acquired by the United States part of the Wilderness. Amends the Wild and Scenic Rivers Act to designate the Middle Fork Snoqualmie and Pratt Rivers in Washington as scenic and/or wild rivers. | 113 S112 ES: Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers 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. 113th CONGRESS 1st Session S. 112 IN THE SENATE OF THE UNITED STATES AN ACT To expand the Alpine Lakes Wilderness in the State of Washington, to designate the Middle Fork Snoqualmie River and Pratt River as wild and scenic rivers, and for other purposes. 1. Short Title This Act may be cited as the Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act 2. Expansion of Alpine Lakes Wilderness (a) In General There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land in the Mount Baker-Snoqualmie National Forest in the State of Washington comprising approximately 22,173 acres that is within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled Proposed Alpine Lakes Wilderness Additions (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary (2) Map and Description (A) In General As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Force of Law A map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public Availability The map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Incorporation of acquired land and interests in land Any land or interests in land within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled Proposed Alpine Lakes Wilderness Additions (1) become part of the wilderness area; and (2) be managed in accordance with subsection (b)(1). 3. Wild and Scenic River Designations Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Middle Fork Snoqualmie, Washington The 27.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 (A) The approximately 6.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 (B) The approximately 21-mile segment from the west section line of sec. 3, T. 23 N., R. 12 E., to the northern boundary of sec. 11, T. 23 N., R. 9 E., as a scenic river. (209) Pratt River, Washington The entirety of the Pratt River in the State of Washington, located in the Mount Baker-Snoqualmie National Forest, to be administered by the Secretary of Agriculture as a wild river. . Passed the Senate June 19, 2013. Secretary | Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act |
Land Management Workforce Flexibility Act - Makes an employee of a land management agency who served under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency if the original appointment was competitive, totaled a period of at least 24 months, and the employee's performance was at an acceptable level. Requires such an employee's appointment to a full-time position, if such a position is offered and the employee agrees to such employment, if the original position stated that there was the potential for the position to become permanent. | 113 S1120 IS: Land Management Workforce Flexibility Act U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1120 IN THE SENATE OF THE UNITED STATES June 7, 2013 Mr. Tester Mr. Udall of Colorado Committee on Homeland Security and Governmental Affairs A BILL To provide authorities for the appropriate conversion of temporary seasonal wildland firefighters and other temporary seasonal employees in Federal land management agencies who perform regularly recurring seasonal work to permanent seasonal positions. 1. Short title This Act may be cited as the Land Management Workforce Flexibility Act 2. Personnel flexibilities relating to land management agencies (a) In general Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: 96 PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES Sec. 9601. Definition. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; (2) the term successor permanent position (3) the term time-limited appointment 9602. Competitive service; time-limited appointments (a) Eligibility To compete for permanent appointments Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service under the merit promotion procedures of the land management agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by the land management agency for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and (3) the performance of the employee under the time-limited appointments has been at an acceptable level of performance during the period of service described in paragraph (2). (b) Conversion to successor permanent positions (1) In general Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be offered any successor permanent position that the land management agency decides to fill and, with the agreement of the employee, be appointed to the successor permanent position if— (A) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (B) (i) the job announcement for the time-limited position stated that there was potential for the position to become permanent; or (ii) the first time-limited appointment of the employee by the land management agency occurred before the date of enactment of this chapter; (C) the employee has served under 1 or more time-limited appointments in a position or positions in the land management agency with the same or substantially similar major duties and qualification requirements as the successor permanent position for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and (D) the performance of the employee under the time-limited appointments has been at an acceptable level of performance during the period of service described in subparagraph (C). (2) Preference eligibles If 2 or more employees are eligible to be offered a successor permanent position under paragraph (1), the land management agency shall give priority to such an employee who is a preference eligible. (3) Equal preference If 2 or more employees are eligible to be offered a successor permanent position under paragraph (1) and have equal priority for the successor permanent position, the land management agency shall use competitive procedures consistent with merit system principles to determine to which employee the successor permanent position will be offered. (c) Treatment of appointed employees An appointment to a position under subsection (a) or (b) shall be a career-conditional appointment, unless the employee has otherwise completed the service requirements for a career appointment. (d) Competitive status An employee appointed to a position under subsection (a) or (b) shall acquire competitive status upon appointment. (e) Time-Limited employees separated from service (1) In general This section shall apply with respect to an employee of a land management agency serving under a time-limited appointment who has been separated from service for reasons other than misconduct or unacceptable performance. (2) Application For an employee described in paragraph (1)— (A) this section shall apply as if the employee occupied the time-limited position from which the employee was most recently separated; and (B) a land management agency shall be deemed to have met the requirements under this section relating to the employee if notice is sent to the last known address of the employee not later than 21 days before a successor permanent position for which the employee is eligible is filled. (f) Regulations The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. . (b) Clerical amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following: 96. Personnel flexibilities relating to land management agencies 9601 . | Land Management Workforce Flexibility Act |
Fourth Amendment Restoration Act of 2013 - Provides that the Fourth Amendment to the Constitution shall not be construed to allow any U.S. government agency to search the phone records of Americans without a warrant based on probable cause. | 113 S1121 PCS: Fourth Amendment Restoration 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. 83 113th CONGRESS 1st Session S. 1121 IN THE SENATE OF THE UNITED STATES June 7, 2013 Mr. Paul June 10, 2013 Read the second time and placed on the calendar A BILL To stop the National Security Agency from spying on citizens of the United States and for other purposes. 1. Short title This Act may be cited as the Fourth Amendment Restoration Act of 2013 2. Findings Congress finds the following: (1) The Bill of Rights states in the 4th Amendment to the United States Constitution that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (2) Media reports indicate that the National Security Agency is currently collecting the phone records of American citizens. (3) Media reports indicate that the National Security Agency has secured a top secret court order in April 2013 from a court established under section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 (4) Media reports indicate that President Barack Obama’s Administration has been collecting information about millions of citizens within the borders of the United States and between the United States and other countries. (5) The collection of citizen’s phone records is a violation of the natural rights of every man and woman in the United States, and a clear violation of the explicit language of the highest law of the land. 3. Rule of construction The Fourth Amendment to the Constitution shall not be construed to allow any agency of the United States Government to search the phone records of Americans without a warrant based on probable cause. June 10, 2013 Read the second time and placed on the calendar | Fourth Amendment Restoration Act of 2013 |
Neighborhood Safety Act of 2013 - Authorizes the use of any amounts of assistance allocated for or provided to a state or state agency through the Hardest Hit Fund program to demolish blighted structures. | 113 S1122 IS: Neighborhood Safety Act of 2013 U.S. Senate 2013-06-10 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. 1122 IN THE SENATE OF THE UNITED STATES June 10, 2013 Mr. Portman Committee on Banking, Housing, and Urban Affairs A BILL To authorize States to use assistance provided under the Hardest Hit Fund program of the Department of the Treasury to demolish blighted structures, and for other purposes. 1. Short title This Act may be cited as the Neighborhood Safety Act of 2013 2. Use of Hardest Hit Fund amounts for demolition activities Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. Secretary | Neighborhood Safety Act of 2013 |
BPA in Food Packaging Right to Know Act - Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of bisphenol A (BPA), taking into consideration different types of such containers and the use of such containers with respect to different foods; and (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be misbranded if its container is composed in whole or in part of BPA, unless the label includes the following statement: "This food packaging contains BPA, an endocrine-disrupting chemical." | 113 S1124 IS: BPA in Food Packaging Right to Know Act U.S. Senate 2013-06-10 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. 1124 IN THE SENATE OF THE UNITED STATES June 10, 2013 Mrs. Feinstein Mr. King Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To establish requirements with respect to bisphenol A. 1. Short title This Act may be cited as the BPA in Food Packaging Right to Know Act 2. Requirements with respect to bisphenol A (a) Regulation of containers composed of bisphenol A (1) Safety assessment of products composed of BPA Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary (2) Safety standard Through the safety assessment described in paragraph (1), and taking into consideration the requirements of section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 (3) Application of safety standard to alternatives The Secretary shall use the safety standard described under paragraph (2) to evaluate the proposed uses of alternatives to bisphenol A. (b) Container labeling (1) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) If its container is composed, in whole or in part, of bisphenol A, unless the label includes the following statement: This food packaging contains BPA, an endocrine-disrupting chemical. . (2) Effective date The amendment made by paragraph (1) shall take effect 180 days after the date of enactment of this Act. (c) Savings provision Nothing in this section (or the amendments made by this section) shall affect the right of a State, political subdivision of a State, or Indian Tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this section or that— (1) applies to a product category not described in this section; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (d) Definition For purposes of this section— (1) the term container (2) the term food 21 U.S.C. 321 | BPA in Food Packaging Right to Know Act |
Working to Address Treaty Enforcement Rapidly for Texas Act - Directs the Secretary of State to: (1) report quarterly to Congress describing efforts by Mexico to meet the treaty obligations of Mexico to deliver water to the Rio Grande, in accordance with the 1944 treaty between the United States and Mexico entitled "Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande"; and (2) report annually to Congress describing the benefits to the United States of the 2012 document entitled "Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja California." | 113 S1125 IS: Working to Address Treaty Enforcement Rapidly for Texas Act U.S. Senate 2013-06-10 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. 1125 IN THE SENATE OF THE UNITED STATES June 10, 2013 Mr. Cornyn Mr. Cruz Committee on Foreign Relations A BILL To require the Secretary of State to submit to Congress reports on water sharing with Mexico. 1. Short title This Act may be cited as the Working to Address Treaty Enforcement Rapidly for Texas Act 2. Reports on water sharing with Mexico (a) In general The Secretary of State shall submit to Congress a report— (1) not later than 45 days after the date of enactment of this Act, and quarterly thereafter, describing efforts by Mexico to meet the treaty obligations of Mexico to deliver water to the Rio Grande, in accordance with the treaty between the United States and Mexico entitled Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande (2) not later than 1 year after the date of enactment of this Act, and annually thereafter, describing the benefits to the United States of the document entitled Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja California Minute Number 319 (b) Action by Secretary of State Notwithstanding any other provision of law, the Secretary of State shall not extend Minute Number 319 if the Secretary fails to comply with the requirements of this Act. | Working to Address Treaty Enforcement Rapidly for Texas Act |
Prescribe A Book Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: (1) health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers in health care facility waiting areas read to children and show parents the techniques and pleasures of sharing books. Requires that the books provided to children under the programs be obtained at a discount. | 113 S1126 IS: Prescribe A Book Act U.S. Senate 2013-06-10 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. 1126 IN THE SENATE OF THE UNITED STATES June 10, 2013 Mr. Reed Mr. Grassley Ms. Stabenow Mr. Cowan Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To aid and support pediatric involvement in reading and education. 1. Short title This Act may be cited as the Prescribe A Book Act 2. Pediatric involvement in reading and education Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. 22 Pediatric Early Literacy Programs 5621. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. (B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. (C) Providing technical assistance to local healthcare facilities to effectively implement a high-quality Pediatric Early Literacy Program. (D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 5626. (E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). (2) Pediatric Early Literacy Program The term Pediatric Early Literacy Program (A) creates and implements a 3-part model through which— (i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; (ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children’s book to take home and keep; and (iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; (B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and (C) receives the endorsement of nationally recognized medical associations and academies. 5622. Program authorized The Secretary is authorized to award grants to eligible entities to enable the eligible entities to implement Pediatric Early Literacy Programs. 5623. Applications An eligible entity that desires to receive a grant under section 5622 shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. 5624. Matching requirement An eligible entity receiving a grant under section 5622 shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under section 5622. Such matching funds may be in cash or in-kind. 5625. Use of grant funds (a) In general An eligible entity receiving a grant under section 5622 shall— (1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; (2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this subpart; and (3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. (b) Contractor criteria Each contractor shall be selected under subsection (a)(1) on the basis of the extent to which the contractor gives priority to serving a substantial number or percentage of at-risk children, including— (1) children from families with an income below 200 percent of the poverty line applicable to a family of the size involved, particularly such children in high-poverty areas; (2) children without adequate medical insurance; (3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (4) children living in rural areas; (5) migrant children; and (6) children with limited access to libraries. 5626. Restriction on payments The Secretary shall make no payment to an eligible entity under this subpart unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. 5627. Reporting requirement An eligible entity receiving a grant under section 5622 shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program. . 3. Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 5618 the following: SUBPART 22—Pediatric Early Literacy Programs Sec. 5621. Definitions. Sec. 5622. Program authorized. Sec. 5623. Applications. Sec. 5624. Matching requirement. Sec. 5625. Use of grant funds. Sec. 5626. Restriction on payments. Sec. 5627. Reporting requirement. . | Prescribe A Book Act |
Strengthening Kids' Interest in Learning and Libraries Act or the SKILLS Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the inclusion of effective school library programs in school improvement programs. Defines an "effective school library program" as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Replaces the existing program under subpart 4 (Improving Literacy Through School Libraries) of part B of title I of the ESEA with a new program (Improving Literacy and College and Career Readiness Through Effective School Library Programs) awarding competitive three-year grants to local educational agencies (LEAs) to develop and enhance effective school library programs. Makes LEAs eligible for such grants only if at least 20% of their students are impoverished. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to rename part A the Teacher, School Librarian, and Principal Training and Recruiting Fund. Requires states and LEAs to use funds under the program to train school librarians, and recruit and retain highly effective school librarians. | 113 S1911 IS: SKILLS Act U.S. Senate 2014-01-09 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. II 113th CONGRESS 2d Session S. 1911 IN THE SENATE OF THE UNITED STATES January 9, 2014 Mr. Scott Mr. Burr Mr. Coburn Committee on Health, Education, Labor, and Pensions A BILL To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century, and for other purposes. 1. Short title This Act may be cited as the SKILLS Act Supporting Knowledge and Investing in Lifelong Skills Act 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. References. Sec. 4. Application to fiscal years. TITLE I—Amendments to the Workforce Investment Act of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff and restrictions on political and lobbying activities. Subtitle F—State unified plan Sec. 140. State unified plan. TITLE II—Adult Education and Family Literacy Education Sec. 201. Amendment. TITLE III—Amendments to the Wagner-Peyser Act Sec. 301. Amendments to the Wagner-Peyser Act. TITLE IV—Repeals and Conforming Amendments Sec. 401. Repeals. Sec. 402. Amendment to other laws. Sec. 403. Conforming amendment to table of contents. TITLE V—Amendments to the Rehabilitation Act of 1973 Sec. 501. Findings. Sec. 502. Rehabilitation Services Administration. Sec. 503. Definitions. Sec. 504. Carryover. Sec. 505. Traditionally underserved populations. Sec. 506. State plan. Sec. 507. Scope of services. Sec. 508. Standards and indicators. Sec. 509. Expenditure of certain amounts. Sec. 510. Collaboration with industry. Sec. 511. Reservation for expanded transition services. Sec. 512. Client assistance program. Sec. 513. Research. Sec. 514. Title III amendments. Sec. 515. Repeal of title VI. Sec. 516. Title VII general provisions. Sec. 517. Authorizations of appropriations. Sec. 518. Conforming amendments. TITLE VI—Studies by the Comptroller General Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. Sec. 602. Study by the Comptroller General on administrative cost savings. 3. 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 amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. 4. Application to fiscal years Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to fiscal year 2015 and succeeding fiscal years. I Amendments to the Workforce Investment Act of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 (1) by striking paragraph (2) and inserting the following: (2) Adult education and family literacy education activities The term adult education and family literacy education activities ; (2) by striking paragraphs (13) and (24); (3) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (4) by striking paragraphs (52) and (53); (5) by inserting after In this title: (1) Accrued expenditures The term accrued expenditures (A) charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; (B) charges incurred for services performed by employees, contractors, subgrantees, subcontractors, and other payees; and (C) other amounts becoming owed, under programs assisted under this title, for which no current services or performance is required, such as amounts for annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs ; (6) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the The (7) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school ; (8) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) 8th grade level (9) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training a significant portion of the cost of training, as determined by the local board involved (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board or Governor, respectively, determines to be appropriate (10) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) section 121(e) (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) 134(c)(4) (ii) by striking intensive services described in section 134(d)(3) work ready services described in section 134(c)(2) (C) in subparagraph (C), by striking or (D) in subparagraph (D), by striking the period and inserting ; or (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) ; (11) in paragraph (12)(A) (as redesignated)— (A) by striking and or (B) by striking (A) (A)(i) (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (12) in paragraph (13) (as so redesignated), by inserting or regional local (13) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) section 122 (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C); (14) in paragraph (15) (as so redesignated), by striking adult or dislocated worker individual (15) in paragraph (20), by striking The Subject to section 116(a)(1)(E), the (16) in paragraph (25)— (A) in subparagraph (B), by striking higher of— poverty line for an equivalent period; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (17) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, (18) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. ; (19) in paragraph (38), by striking 134(a)(1)(A) 134(a)(1)(B) (20) in paragraph (41), by striking , and the term means such Secretary for purposes of section 503 (21) in paragraph (43), by striking clause (iii) or (v) of section 136(b)(3)(A) section 136(b)(3)(A)(iii) (22) by amending paragraph (49) to read as follows: (49) Veteran The term veteran ; (23) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education ; (24) in paragraph (51), by striking , and a youth activity (25) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) A secondary school dropout. (ii) A youth in foster care (including youth aging out of foster care). (iii) A youth offender. (iv) A youth who is an individual with a disability. (v) A migrant youth. (53) Industry or sector partnership The term industry or sector partnership (A) a State board or local board; and (B) one or more industry or sector organizations, and other entities, that have the capability to help the State board or local board determine the immediate and long-term skilled workforce needs of in-demand industries or sectors and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential (55) Pay-for-performance contract strategy The term pay-for-performance contract strategy (A) the core indicators of performance described in subclauses (I) through (IV) and (VI) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed-to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider, which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of providing the activities for a program participant who has not achieved those levels, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). (56) Recognized postsecondary credential The term recognized postsecondary credential (57) Registered apprenticeship program The term registered apprenticeship program . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of taxpayer funds. 103. State workforce investment boards Section 111 (29 U.S.C. 2821) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) section 117(b)(2)(A) (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 ; (2) in subsection (c), by striking (b)(1)(C)(i) (b)(1)(B)(i) (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, the State board shall develop a State plan. (2) Statewide workforce development system The State board shall review and develop statewide policies and programs in the State in a manner that supports a comprehensive statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional amounts for additional activities or programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system The State board shall develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) (4) Employer engagement The State board shall develop strategies, across local areas, that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas The State board shall designate local areas as required under section 116. (6) One-stop delivery system The State board shall identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight The State board shall conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures The State board shall develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken vote (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and on a regular basis through 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or (B) by striking 5-year strategy 3-year strategy (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training services providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training services relate to in-demand industries and other occupations important to the State economy; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of and an assurance regarding common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) an assurance that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within 1 year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, (E) in paragraph (11), by striking under sections 127 and 132 under section 132 (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) 111(e) (I) in paragraph (13) (as so redesignated), by striking 134(c) 121(e) (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) 116(a)(3) (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii)— (aa) by striking to dislocated workers (bb) by inserting and additional assistance rapid response activities (II) in clause (iii), by striking 134(d)(4) 134(c)(4) (III) by striking and (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ; and (ii) in subparagraph (B), by striking to the extent practicable in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across a targeted cluster of multiple firms for a range of workers employed or potentially employed by the industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; and (C) to address critical skill gaps within and across industries and sectors; (19) a description of how the State will utilize technology, to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided by the State for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with nonprofit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the costs of infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veterans population to be served in the State. ; (3) in subsection (c), by striking period, that— period, that the plan is inconsistent with the provisions of this title. (4) in subsection (d), by striking 5-year 3-year 105. Local workforce investment areas Section 116 (29 U.S.C. 2831) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce development system developed under section 111(d)(2), enabling the system to meet the workforce needs of the State and its local areas; (ii) include consultation, prior to the designation, with chief elected officials; (iii) include consideration of comments received on the designation through the public comment process as described in section 112(b)(9); and (iv) require the submission of an application for approval under subparagraph (B). (B) Application To obtain designation of a local area under this paragraph, a local or regional board (or consortia of local or regional boards) seeking to take responsibility for the area under this Act shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas (as determined by the State); (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area and available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to an area proposed by an applicant demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an area proposed by an applicant as a local area under this paragraph for a period not to exceed 3 years. (E) References For purposes of this Act, a reference to a local area— (i) used with respect to a geographic area, refers to an area designated under this paragraph; and (ii) used with respect to an entity, refers to the applicant. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) (1) (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. (B) in paragraph (2), by striking employment statistics workforce and labor market information 106. Local workforce investment boards Section 117 (29 U.S.C. 2832) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— representatives include representatives (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, each of which has immediate and long-term employment opportunities in an in-demand industry or other occupation important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) the superintendent or other employee of the local educational agency who has primary responsibility for secondary education, the presidents or chief executive officers of postsecondary educational institutions (including a community college, where such an entity exists), or administrators of local entities providing adult education and family literacy education activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority A 2/3 (ii) by striking (2)(A)(i) (2)(A) (C) in paragraph (5), by striking (2)(A)(i) (2)(A) (2) in subsection (c)— (A) in paragraph (1), by striking subparagraph (C); and (B) in paragraph (3)(A)(ii), by striking paragraphs (1) through (7) paragraphs (1) through (8) (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (B) Existing analysis In carrying out requirements of subparagraph (A)(i), a local board shall use an existing analysis, if any, by the local economic development entity or related entity. (3) Employer engagement The local board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (ii) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in clause (i). (iii) Disbursal The local grant recipient or an entity designated under clause (ii) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under clause (ii) shall disburse the funds immediately on receiving such direction from the local board. (C) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (D) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcomes of such eligible providers using the criteria under section 122(b)(2), and designate such eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the program year following the review. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system, in the local area, authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including access in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and regular basis through (B) by striking and the award of grants or contracts to eligible providers of youth activities, (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) section 134(c)(4) (B) by striking paragraph (2) and inserting the following: (2) Work ready services; designation or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken vote (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year 3-year (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under subclauses (I) through (IV) of section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services described in section 117(d)(8) and provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry or sector— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in the targeted industry or sector; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries and sectors; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide workforce investment activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community, and with transition services (as defined under section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) consistent with section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration into the workplace; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (11) an identification of the entity responsible for the disbursal of grant funds described in section 117(d)(4)(B)(iii), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials, such as industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist in and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the one-stop career system described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily completed related training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; and (3) in subsection (c)— (A) in paragraph (1), by striking such means electronic means and such means (B) in paragraph (2), by striking , including representatives of business and representatives of labor organizations, 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through a one-stop delivery system to the program or activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program or activities of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program or activities of the entity to maintain the one-stop delivery system, including payment of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop delivery system, that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (ii), as so redesignated, by striking adult education and literacy activities adult education and family literacy education activities (v) in clause (viii), as so redesignated, by striking and (vi) in clause (ix), as so redesignated, by striking the period and inserting ; and (vii) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall be considered to be a one-stop partner under this title and carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such an entity shall not be considered to be such a partner and shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) section 134(c)(2) (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the costs of infrastructure of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for training for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services under the memorandum; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification Local designation and certification (B) in paragraph (2)— (i) by striking section 134(c) subsection (e) (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational career and technical (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in paragraph (4) of section 134(c), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b); and (E) provide access to the data and information described in subparagraphs (A) and (B) of section 15(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)(1) (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification of a one-stop center under this subsection shall include— (i) meeting the expected levels of performance for each of the corresponding core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the center, involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the center ensures that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop, for certification referred to in paragraph (1)(A), additional criteria or higher standards on the criteria referred to in paragraph (1)(B) to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), for a fiscal year shall be provided to the Governor by such partners to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers in the State by each such partner, the costs of administration for purposes not related to one-stop centers for each such partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and family literacy education activities authorized under title II and for postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the determination described in clause (i) with respect to the corresponding 2 programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) and subparagraph (A) to appeal a determination regarding the portion of funds to be provided under this paragraph on the basis that such determination is inconsistent with the requirements described in the State plan for the program or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by a one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such program that may be used for administration. (ii) Federal direct spending programs (I) In general A program that provides Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide more than the maximum amount determined under subclause (II). (II) Maximum amount The maximum amount for the program is the amount that bears the same relationship to the costs referred to in paragraph (2) for the State as the use of the one-stop centers by such program bears to the use of such centers by all one-stop partner programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas. The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in a local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure (i) Other funds (1) In general In addition to the funds provided under subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such 2 types of programs, shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved. Such portion shall be used to pay for costs including— (A) costs of infrastructure (as defined in subsection (h)) that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure (as so defined); and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and standards The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide standards to facilitate the determination of appropriate allocation of the funds and noncash resources to local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services and be included on the list of eligible providers of training services described in subsection (d). (2) Providers Subject to the provisions of this section, to be eligible to receive the funds and be included on the list, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this subsection to be eligible to receive the funds and be included on the list. A provider described in paragraph (2)(B) shall be eligible to receive the funds and be included on the list with respect to programs described in paragraph (2)(B) for so long as the provider remains certified by the Secretary of Labor to carry out the programs. (b) Criteria (1) In general The criteria established by the Governor pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136, measures for other matters for which information is required under paragraph (2), and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to in-demand industries or occupations important to the local economy; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of the providers to offer programs that lead to a recognized postsecondary credential, and the quality of such programs; (E) the performance of the providers as reflected in the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review on the criteria every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required on the criteria established by the Governor, for purposes of determining the eligibility of providers of training services under this section in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no entity may disclose personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible under this section; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process, for a provider of training services to appeal a denial or termination of eligibility under this section, that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider under this section shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. For purposes of subparagraph (A), that period shall be considered to be the period beginning on the date on which the inaccurate information described in subparagraph (A) was supplied, and ending on the date of the termination described in subparagraph (A). (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states A State may enter into an agreement with another State, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in the other State. (g) Recommendations In developing the criteria (including requirements for related information) and procedures required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria and procedures, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and list. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible under this section, to be providers of the training services involved. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of (B) by striking adults, and dislocated workers, individuals 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State boards or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this paragraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) (B) Formula Subject to subparagraphs (C) (D) (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allotment percentage of the State for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the fiscal year preceding the fiscal year involved. (D) Small state minimum allotment Subject to subparagraph (C) 1/5 subparagraph (A) (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage (I) used with respect to fiscal year 2013, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (II) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year, that is received under this paragraph by the State involved for the fiscal year. (ii) Area of substantial unemployment The term area of substantial unemployment (iii) Disadvantaged youth The term disadvantaged youth (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iv) Individual The term individual . 112. Within State allocations Section 133 (29 U.S.C. 2863) is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve not more than 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities and additional assistance Of the amount reserved under paragraph (1) (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of the State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas in the State, shall— (A) allocate the funds that are allotted to the State under section 132(b)(2) and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv), except that a reference in a section specified in any of clauses (i) through (iv) to each State all States (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2015 through 2017, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (ii) Maximum percentage Subject to clause (i) (I) each of fiscal years 2015 through 2017, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2013; and (II) fiscal year 2018 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the fiscal year preceding the fiscal year involved. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage (i) used with respect to fiscal year 2013, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2013, that is received under such provisions by the local area involved for fiscal year 2013; and (ii) used with respect to fiscal year 2017 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas under this paragraph for the fiscal year, that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities subsection (b) for such activities (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amount allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 ( 29 U.S.C. 2864 (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1) and not reserved under paragraph (2) or (3) of section 133(a)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities and additional assistance Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to provide the statewide rapid response activities and additional assistance described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to award statewide grants for individuals with barriers to employment on a competitive basis, and carry out other activities, as described in paragraph (5). (2) Required statewide employment and training activities A State shall use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training services described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds referred to in paragraph (1)(A) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnership initiatives, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas— (i) for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)); (ii) for local coordination of activities carried out under this Act; and (iii) for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contract strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such a strategy, which may involve providing assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities and additional assistance A State shall use funds reserved as described in section 133(a)(2)— (A) to carry out statewide rapid response activities, which shall include provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) to provide additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance for, and conduct evaluations as described in section 136(e) of, the programs carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities (that meet specific performance outcomes and criteria established by the Governor) described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard-to-serve individuals; and (iii) agrees to be reimbursed primarily on the basis of meeting specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use the grant funds for programs of activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. To be eligible to receive a grant under this paragraph for an employment and training program, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities of the program will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118, with respect to the area of the State that will be the focus of the program under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, with the grant funds provided, for the program under this paragraph, and how the entity will ensure the sustainability of such program after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such program; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the program provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services Work ready services (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) (1) (II) by striking core services work ready services (III) by striking who are adults or dislocated workers (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program involved, such as assisting in— (i) the submission of applications; (ii) the provision of information on the results of such applications; and (iii) the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including provision of information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics workforce and labor market (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, (ix) in subparagraph (H), as so redesignated, by inserting under section 136 local performance measures (x) in subparagraph (J), as so redesignated, by inserting and information regarding the administration of the work test for the unemployment compensation system compensation (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for education and training programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits, available to participants in employment and training activities, and relating to education, job training, and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if the activities involved are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; and (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; (ii) in subparagraph (B)(i), by striking Except Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and family literacy education activities provided in conjunction with other training services authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) section 121 (bb) in subclause (I), by striking section 122(e) section 122(d) section 122(h) section 122(i) (cc) in subclause (II), by striking subsections (e) and (h) subsections (d) and (i) (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services from (notwithstanding any provision of this title) eligible providers for those programs and sources. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts career enhancement accounts (II) in clause (i), by striking individual training accounts career enhancement accounts (III) in clause (ii)— (aa) by striking an individual training account a career enhancement account (bb) by striking subparagraph (F) subparagraph (E) (cc) in subclause (II), by striking individual training accounts career enhancement accounts (dd) in subclause (II), by striking or (ee) in subclause (III), by striking the period and inserting ; or (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand industries or occupations important to the State or local economy, that such contract may be used to enable the expansion of programs provided by a priority eligible provider, and that such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker individual (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V); and (bb) by inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and child care, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. (v) incorporation of pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. ; (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required payment toward such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State board and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialists to carry out employment, training, supportive, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate the furnishing of employment, training, supportive, and placement services to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran or member described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran or member described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the one-stop operator of the one-stop center in the local area and shall provide, at a minimum, quarterly reports to the one-stop operator of such center and to the Assistant Secretary for Veterans’ Employment and Training for the State on the specialist's performance, and compliance by the specialist with Federal law (including regulations), with respect to the— (i) principal duties (including facilitating the furnishing of services) for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and other individuals. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by each local board in the State in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), and including summaries of outcomes achieved by participating veterans, disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the 3-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, supportive, and placement services under this subsection. (8) State option At the request of a local board, a State may opt to assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialists for placement in the local area served by the local board. . 114. Performance accountability system Section 136 (29 U.S.C. 2871) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and family literacy education activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of the following indicators of performance (with performance determined in the aggregate and as disaggregated by the populations identified in the State and local plan in each case): (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The difference in the median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program, compared to the median earnings of such participants prior to participation in such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from the program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential (such as an industry-recognized credential or a certificate from a registered apprenticeship program), a certificate from an on-the-job training program, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential, certificate, diploma, or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants (in addition to obtaining such diploma or its recognized equivalent), within 1 year after exit from the program, have obtained or retained employment, have been removed from public assistance, or have begun an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 , for all 3 (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years for all 3 program years (V) in clause (iv)— (aa) by striking or (v) (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by inserting , such as unemployment rates and job losses or gains in particular industries economic conditions (BB) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status (including disability status among veterans), and welfare dependency, program (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated)— (aa) by striking described in clause (iv)(II) described in clause (iv)(I) (bb) by striking or (v) (ii) in subparagraph (B), by striking paragraph (2)(C) paragraph (2)(B) (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsection, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) (b)(2)(B) (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic conditions (such as unemployment rates and job losses or gains in particular industries), or demographic characteristics or other characteristics of the population to be served, in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or (ii) by striking and the customer satisfaction indicator (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) (II) by striking and (v) by striking subparagraph (F); and (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described in section 134(c)(2) and the number of individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services, and the amount of funds spent on each of the 2 types of services during the most recent program year and fiscal year, and the preceding 5 fiscal years; (ii) the number of individuals who successfully exited out of work ready services described in section 134(c)(2) and the number of individuals who exited out of training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (iii) the average cost per participant of those individuals who received work ready services described in section 134(c)(2) and the average cost per participant of those individuals who received training services described in section 134(c)(4), during the most recent program year and fiscal year, and the preceding 5 program years, disaggregated (for individuals who received work ready services) by the type of entity that provided the work ready services and disaggregated (for individuals who received training services) by the type of entity that provided the training services; and (D) the amount of funds spent on training services and discretionary activities described in section 134(d), disaggregated by the populations identified under section 112(b)(16)(A)(iv) and section 118(b)(10). ; (C) in paragraph (3)(A), by striking through publication through electronic means (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the reports is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters, and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (B) (ii) in subparagraph (B), by striking may reduce by not more than 5 percent, shall reduce (B) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)— (A) in paragraph (1), by striking or (B) (B) in paragraph (2)— (i) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (iii) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (iv) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan corrective action under subparagraph (A) or (B) may, not later than 30 days after receiving notice of the action, appeal to the Governor to rescind or revise such action (v) in subparagraph (D) (as so redesignated), by striking subparagraph (B) subparagraph (C) (6) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (b)(2)(C) subsection (b)(2)(B) (ii) in subparagraph (C), by striking (b)(3)(A)(vi) (b)(3)(A)(v) (B) in paragraph (2), by striking the activities described in section 502 concerning (C) in paragraph (3), by striking described in paragraph (1) and in the activities described in section 502 and activities described in this subsection (7) by adding at the end the following new subsections: (j) Use of core indicators for other programs Consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described in section 121(b)(1)(B) (in addition to the programs carried out under chapter 5) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training activities in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 (29 U.S.C. 2872) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $5,945,639,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop One-stop (B) by striking applicable (C) by striking customer service (D) by striking intake assessment (2) in paragraph (4), by striking before completing the requirements prior to becoming a graduate. (3) in paragraph (5), by striking has completed the requirements who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary school (3) in paragraph (3)(E), by striking vocational career and technical education and 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational career and technical education and training (B) in paragraph (3)— (i) by striking To the extent practicable, the The (ii) in subparagraph (A)— (I) by striking applicable (II) by inserting and (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules failure to observe the rules (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years year (ii) by striking an assignment a (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, (ii) in subparagraph (B), by striking and (iii) in subparagraph (C)— (I) by inserting the education and training including (II) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by home of the enrollee 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational career and technical (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 subsections (a) and (b) of section 3304 of title 41, United States Code (II) by striking industry council workforce council (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable demonstrates relationships with the surrounding communities, employers, workforce boards, and (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii)— (I) by striking , as appropriate (II) by striking through (IV) through (V) (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 1-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials (such as industry-recognized credentials and certificates from registered apprenticeship programs); or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational Academic and Career and Technical Education and (B) by striking may The Secretary shall (C) by striking vocational career and technical (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational career and technical education and (2) in subsection (b)— (A) by striking make every effort to arrange to (B) by striking to assist assist (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 (1) in the header, by striking Operating plan Operations (2) in subsection (a), by striking In General. Operating Plan. (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan Availability (B) by striking subsections (a) and (b) subsection (a) (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 (29 U.S.C. 2896) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraphs (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) chapter 5 of title 40, United States Code, 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 (1) in the section heading, by striking Management Information Performance Accountability and Management (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military, or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a certificate from a registered apprenticeship program; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized postsecondary credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corps center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established as targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of enrollees that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(f)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services and additional assistance, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, localities, (B) by striking from carrying out activities to implement the amendments made by the SKILLS Act (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) subsection (a) (B) by striking , or recipient of financial assistance under any of sections 166 through 169, (C) by striking or grant recipient (6) in subsection (c) (as so redesignated), by striking paragraph (1) subsection (a) (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act (2) by amending subsection (a)(4) to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) by amending subsection (c) to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2016, and thereafter shall conduct such an analysis not less than once every 4 years. ; (4) in subsection (e), by striking the Committee on Labor and Human Resources of the Senate the Committee on Health, Education, Labor, and Pensions of the Senate (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized To be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. ; and (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 (29 U.S.C. 2931) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations, (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall may (3) in subsection (e)— (A) by striking training for the entry into employment, retention in employment, or increases in earnings of (B) by striking subtitle B this Act (4) in subsection (f)(4), by striking 134(a)(3)(B) 133(a)(4) (5) by adding at the end the following: (g) Salary and bonus limitation (1) In general No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the rate prescribed in level II of the Executive Schedule under section 5315 (2) Vendors The limitation described in paragraph (1) shall not apply to vendors providing goods and services as defined in OMB Circular A–133. (3) Lower limit In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in paragraph (1) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. (h) General authority (1) In general The Employment and Training Administration of the Department of Labor (referred to in this Act as the Administration 29 U.S.C. 49 et seq. 29 U.S.C. 701 et seq. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. (3) Functions In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Deputy Secretary of Labor, as determined by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 (29 U.S.C. 2932) is amended— (1) in subsection (c)— (A) by striking 127 or (B) by striking , except that (2) in subsection (e)— (A) by striking sections 128 and 133 section 133 (B) by striking 127 or 134. Fiscal controls; sanctions Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended— (1) by striking (A) Each Each (2) by striking subparagraph (B). 135. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period and inserting ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, Secretary, 136. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) in the first sentence, by striking each State each recipient (except as otherwise provided in this paragraph) (ii) in the second sentence, by striking 171 or (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) in clause (i), by striking ; and (ii) by striking requirements of subparagraph (B) any of the statutory or regulatory requirements of subtitle B requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B (iii) by striking clause (ii); and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states The Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B), in lieu of requiring the additional States to meet the requirements of subparagraphs (B) and (C). Such procedure shall ensure that the extension of such a waiver to additional States is accompanied by appropriate conditions relating to the implementation of such waiver. (E) External Conditions The Secretary shall not require or impose new or additional requirements, that are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) (29 U.S.C. 2941(a)) is amended— (1) by striking consistent with the provisions of this title consistent with State law and the provisions of this title (2) by striking consistent with the terms and conditions required under this title consistent with State law and the terms and conditions required under this title 138. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received under a program by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this paragraph. ; (2) by striking paragraph (9); (3) by redesignating paragraphs (10) through (13) as paragraphs (9) through (12), respectively; and (4) by adding at the end the following new paragraphs: (13) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include a one-stop center. (14) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who, on the day before the date of enactment of the SKILLS Act, worked on or administered each of the programs and activities that were authorized under this Act or were authorized under a provision listed in section 401 of the SKILLS Act; and (B) identify the number of full-time equivalent employees who on the day before that date of enactment, worked on or administered each of the programs and activities described in subparagraph (A), on functions for which the authorizing provision has been repealed, or for which an amount has been consolidated (if such employee is in a duplicate position), on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature or legislative body (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) such preparation, distribution, or use of such materials, that are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment or issuance of legislation, appropriations, regulations, administrative action, or an Executive order proposed or pending before the Congress or any State government, or a State or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. (3) Definition For the purposes of this subsection, the term participant . F State unified plan 140. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted in accordance with this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities or programs set forth in subparagraphs (A) and (B) of paragraph (2) and shall cover one or more of the activities or programs set forth in subparagraphs (C) through (N) of paragraph (2). (2) Activities and programs For purposes of paragraph (1), the term activity or program (A) Activities and programs authorized under title I. (B) Activities and programs authorized under title II. (C) Programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). (D) Secondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) Postsecondary career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (F) Activities and programs authorized under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). (G) Programs and activities authorized under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (H) Programs authorized under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (I) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food and Nutrition Act of 1977 (7 U.S.C. 2015(o)). (L) Activities and programs authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (M) Activities and programs authorized under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. (N) Activities authorized under chapter 41 ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). (3) Scope of portion For purposes of paragraph (1), the portion of the State unified plan covering an activity or program shall be considered to include the plan described in subsection (c)(3) and any proposal described in subsection (e)(2), as that part and proposal relate to the activity or program. ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2), and subject to paragraph (4) and to the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs covered by the plan into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State that has a State unified plan approved under subsection (d) with a proposal for consolidation under paragraph (2), and that is carrying out such consolidation, shall— (A) in providing an activity or program for which an amount is consolidated into the Workforce Investment Fund— (i) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program; and (ii) meet the intent and purpose for the activity or program; and (B) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate an amount under paragraph (2) that is allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (B) title I of the Rehabilitation Act of 1973 (29 U.S.C. 710 et seq.). . II Adult Education and Family Literacy Education 201. Amendment Title II ( 20 U.S.C. 9201 et seq. II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and mathematics skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and mathematics skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and mathematics skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and mathematics skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and mathematics skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program (A) assists parents and students, on a voluntary basis, in achieving the purpose of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor (7) Individual with a disability (A) In general The term individual with a disability (B) Individuals with disabilities The term individuals with disabilities (8) English learner The term English learner (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training (10) Institution of higher education The term institution of higher education (11) Literacy The term literacy (12) Local educational agency The term local educational agency (13) Outlying area The term outlying area (14) Postsecondary educational institution The term postsecondary educational institution (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary (16) State The term State (17) State educational agency The term State educational agency (18) Workplace literacy program The term workplace literacy program 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal year 2015 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2015, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2016 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraphs (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, mathematics, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (1), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and mathematics programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions In this section: (1) Correctional institution The term correctional institution (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated education and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and mathematics skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and mathematics content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and mathematics, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III Amendments to the Wagner-Peyser Act 301. Amendments to the Wagner-Peyser Act Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor (referred to in this section as the Secretary (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (C) and (D) of subsection (e)(1); and (iii) shall meet the needs for the information identified in section 121(e)(1)(E) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(e)(1)(E) (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c)(2) (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(1). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of workforce and labor market information in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of, and submit to the Secretary, an annual plan to carry out the requirements and authorities of this subsection; and (K) utilize the quarterly records described in section 136(f)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(f)(2) (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $60,153,000 for fiscal year 2015 and each of the 6 succeeding fiscal years. . IV Repeals and Conforming Amendments 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. (3) Sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) The Twenty-First Century Workforce Commission Act (29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 (7) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendments to other laws Section 104(k)(6)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(6)(A)) is amended by striking training, research, and research and (a) Amendments to the Food and Nutrition Act of 2008 (1) Definition Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended— (A) by striking means (1) the agency (A) the agency ; (B) by striking programs, and (2) the tribal (B) the tribal ; and (C) by striking this Act. (C) in the context of employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). . (2) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (d)(14) by striking section 6(d)(4)(I) section 6(d)(4)(C) (B) in subsection (g)(3), in the first sentence, by striking constitutes adequate participation in an employment and training program under section 6(d) allows the individual to participate in employment and training activities under section 6(d)(4) (3) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows: (D) Employment and training (i) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (ii) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the one-stop delivery system authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (iii) Reimbursements (I) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (aa) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (bb) the actual costs of such dependent care expenses as are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of that Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (II) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at the option of the State agency, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (III) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (aa) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (bb) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (4) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) (S) the plans of the State agency for providing employment and training services under section 6(d)(4); . (5) Administrative cost-sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) (A) in paragraph (1)— (i) in subparagraph (A), by striking carry out employment and training programs provide employment and training services to eligible households under section 6(d)(4) (ii) in subparagraph (D), by striking operating an employment and training program providing employment and training services consistent with section 6(d)(4) (B) in paragraph (3)— (i) by striking participation in an employment and training program the individual participating in employment and training activities (ii) by striking section 6(d)(4)(I)(i)(II) section 6(d)(4)(C)(i)(II) (C) in paragraph (4), by striking for operating an employment and training program to provide employment and training services (D) by striking paragraph (5) and inserting the following: (E) Monitoring (i) In general The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. (ii) Accountability Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the State performance measures described in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (6) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)(dd), by striking , (4)(F)(i), or (4)(K) or (4) (ii) by striking paragraph (3); and (B) in subsection (g), in the first sentence in the matter preceding paragraph (1)— (i) by striking programs established activities provided to eligible households (ii) by inserting , in conjunction with the Secretary of Labor, Secretary (7) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program (b) Amendments to section 412 of the Immigration and Nationality Act (1) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) (A) in paragraph (1)— (i) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement provide refugees with the opportunity to access employment and training services, including job placement, (ii) in subparagraph (B)(ii), by striking services; services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); (B) in paragraph (2)(C)(iii)(II), by inserting and training employment (C) in paragraph (6)(A)(ii)— (i) by striking insure ensure (ii) by inserting and training employment (iii) by inserting after available through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) (D) in paragraph (9), by inserting the Secretary of Labor, Education, (2) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (A) by striking orientation, instruction orientation and instruction (B) by striking , and job training for refugees, and such other education and training of refugees, as facilitates for refugees to facilitate (3) Project grants and contracts for services for refugees Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i), by inserting and training employment (ii) by striking subparagraph (C); (B) in paragraph (2)(B), by striking paragraph— in a manner paragraph in a manner (C) by adding at the end the following: (C) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (i) making employment and training activities described in section 134 of such Act ( 29 U.S.C. 2864 (ii) providing refugees with access to a one-stop delivery system established under section 121 of such Act (29 U.S.C. 2841). . (4) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (A) in paragraph (2)(A)(i), by inserting and training providing employment (B) in paragraph (3), by striking The Consistent with subsection (c)(3), the (c) Amendments relating to the Second Chance Act of 2007 (1) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 (A) in subsection (a)(1)(E)— (i) by inserting the Department of Labor and other Federal agencies (ii) by inserting State and local workforce investment boards, community-based organizations, (B) in subsection (c)— (i) in paragraph (2), by striking at the end and (ii) in paragraph (3), by striking at the end the period and inserting ; and (iii) by adding at the end the following new paragraph: (D) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ; and (C) in subsection (d), by adding at the end the following new paragraph: (F) Interaction with the workforce investment system (i) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), which may include— (I) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (II) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 (ii) Service defined In this paragraph, the term employment and training services (I) the skills assessment described in subsection (a)(1)(A); (II) the skills development plan described in subsection (a)(1)(B); and (III) the enhancement, development, and implementation of reentry and skills development programs. . (2) Duties of the Bureau of Prisons Section 4042(a) (A) by redesignating subparagraphs (D) and (E), as added by section 231(d)(1)(C) of the Second Chance Act of 2007 (Public Law 110–199; 122 Stat. 685), as paragraphs (6) and (7), respectively, and adjusting the margin accordingly; (B) in paragraph (6), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly; (C) in paragraph (7), as so redesignated— (i) in clause (ii), by striking Employment Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph (ii) by striking clause (iii); and (D) by redesignating clauses (i), (ii), (iv), (v), (vi), and (vii) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively, and adjusting the margin accordingly. (d) Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w (1) in subsection (b)— (A) in paragraph (1), by striking vocational career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), nonprofit organizations (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and victim services (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (D) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. 29 U.S.C. 2841 ; and (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) under this section (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (B) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect to the program of such grantee funded with a grant under this section. . (e) Conforming amendments to title 38, United States Code Title 38, United States Code, is amended— (1) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (2) in the table of sections at the beginning of chapter 41, by striking the items relating to sections 4103A and 4104; (3) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); and (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); and (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State (ii) by striking for purposes of subsection (c) (4) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (i) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (i) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); ; (5) in section 4109— (A) in subsection (a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (B) in subsection (d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 (6) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). 403. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 170. Technical assistance. Sec. 172. Evaluations. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 507. Effective date. . V Amendments to the Rehabilitation Act of 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended— (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period and inserting ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation Services Administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) (29 U.S.C. 702(a))— (A) by striking Office of the Secretary Department of Education (B) by striking President by and with the advice and consent of the Senate Secretary (C) by striking , and the Commissioner shall be the principal officer, (2) by striking Commissioner Director (3) in section 12(c) (29 U.S.C. 709(c)), by striking Commissioner’s Director’s (4) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner Director of the Rehabilitation Services Administration (ii) by striking (referred to in this subsection as the Director (iii) by striking The Commissioner and the Director Both such Directors (B) by striking the Commissioner and the Director both such Directors (5) in the heading for subparagraph (B) of section 100(d)(2) ( 29 U.S.C. 720(d)(2) commissioner director (6) in section 401(a)(1) ( 29 U.S.C. 781(a)(1) of the National Institute on Disability and Rehabilitation Research Director (7) in the heading for section 706 ( 29 U.S.C. 796d–1 commissioner director (8) in the heading for paragraph (3) of section 723(a) ( 29 U.S.C. 796f–2(a) commissioner director (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) paragraph (37)(C) (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities . 504. Carryover Section 19(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 716(a)(1)) is amended by striking part B of title VI, 505. Traditionally underserved populations Section 21 of the Rehabilitation Act of 1973 (29 U.S.C. 718) is amended, in paragraphs (1) and (2)(A) of subsection (b), and in subsection (c), by striking VI, 506. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) (1) in paragraph (10)— (A) in subparagraph (B), by striking on the eligible individuals of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)). (B) in subparagraph (E)(ii), by striking , to the extent the measures are applicable to individuals with disabilities (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as participation through video conferences and conference calls) (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and (II) in subclause (III), by adding and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ; (B) in subparagraph (B)(ii), by striking and under part B of title VI (C) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; and (iii) in clause (v), as redesignated by clause (i) of this subparagraph, by striking evaluation standards performance standards (4) in paragraph (22)— (A) in the paragraph heading, by striking state plan supplement (B) by striking carrying out part B of title VI, including (C) by striking that part to supplement funds made available under part B of (5) in paragraph (24)— (A) in the paragraph heading, by striking contracts grants (B) in subparagraph (A)— (i) in the subparagraph heading, by striking Contracts Grants (ii) by striking part A of title VI section 109A (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessments described in paragraph (15), and achieve the goals and priorities identified by the State in that paragraph, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 507. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment involved, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b), by inserting at the end the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. . 508. Standards and indicators (a) In general Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726 (1) in the section heading, by striking Evaluation standards Performance standards (2) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b) (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (3) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . (b) Conforming amendments Section 107 of the Rehabilitation Act of 1973 (29 U.S.C. 727) is amended— (1) in subsections (a)(1)(B) and (b)(2), by striking evaluation standards performance standards (2) in subsection (c)(1)(B), by striking an evaluation standard a performance standard 509. Expenditure of certain amounts Section 108(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 728(a) under part B of title VI, or 510. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 728a) the following: 109A. Collaboration with industry (a) Eligible entity defined For the purposes of this section, the term eligible entity (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (b) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to pay for the Federal share of the cost of carrying out collaborative programs, to create practical job and career readiness and training programs, and to provide job placements and career advancement. (c) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (d) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the collaborative program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (e) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (f) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. (g) Federal share The Federal share for a program under this section shall not exceed 80 percent of the costs of the program. . 511. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs or activities under sections 101(a)(26)(B) and 103(b)(6). . 512. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium under the Developmental Disabilities and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) to provide services in accordance with this section, as determined by the Secretary. The amount of such grants shall be the same as the amount provided to territories under this subsection. . 513. Research Section 204(a)(2)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended by striking VI, 514. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. (1) in section 301(a) ( 21 U.S.C. 771(a) (A) in paragraph (2), by inserting and (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302 (29 U.S.C. 772)— (A) in subsection (g)— (i) in the heading, by striking and In-Service Training (ii) by striking paragraph (3); and (B) in subsection (h), by striking section 306 section 304 (3) in section 303 ( 29 U.S.C. 773 (A) in subsection (b)(1), by striking section 306 section 304 (B) in subsection (c)— (i) in paragraph (4)— (I) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate activities and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act (20 U.S.C. 1471), the community parent resource centers established pursuant to section 672 of such Act ( 29 U.S.C. 1472 20 U.S.C. 1473 ; and (II) in subparagraph (C), by inserting , and demonstrate the capacity for serving, serve (ii) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305 ( 29 U.S.C. 774 (5) by redesignating section 306 ( 29 U.S.C. 776 515. Repeal of title VI Title VI of the Rehabilitation Act of 1973 ( 29 U.S.C. 795 et seq. 516. Title VII general provisions (a) Purpose Section 701(3) of the Rehabilitation Act of 1973 (29 U.S.C. 796(3)) is amended by striking State programs of supported employment services receiving assistance under part B of title VI, (b) Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 517. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (1) in section 100 (29 U.S.C. 720)— (A) in subsection (b)(1), by striking such sums as may be necessary for fiscal years 1999 through 2003 $3,066,192,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (B) in subsection (d)(1)(B), by striking 2003 2021 (2) in section 110(c) (29 U.S.C. 730(c)), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2015 through 2020. ; (3) in section 112(h) (29 U.S.C. 732(h)), by striking such sums as may be necessary for fiscal years 1999 through 2003 $11,600,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) (a) There are authorized to be appropriated $103,125,000 for fiscal year 2015 and each of the 6 succeeding fiscal years to carry out this title. (5) in section 302(i) (29 U.S.C. 772(i)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $33,657,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (6) in section 303(e) (29 U.S.C. 773(e)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $5,046,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (7) in section 405 (29 U.S.C. 785), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $3,081,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (8) in section 502(j) (29 U.S.C. 792(j)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $7,013,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (9) in section 509(l) (29 U.S.C. 794e(l)), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $17,088,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (10) in section 714 (29 U.S.C. 796e–3), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $22,137,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (11) in section 727 (29 U.S.C. 796f–6), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $75,772,000 for fiscal year 2015 and each of the 6 succeeding fiscal years (12) in section 753 (29 U.S.C. 796l), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 $32,239,000 for fiscal year 2015 and each of the 6 succeeding fiscal years 518. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; (5) by striking the items related to title VI; and (6) by striking the item related to section 706 and inserting the following: Sec. 706. Responsibilities of the Director. . VI Studies by the Comptroller General 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 602. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative cost savings at the Federal and State levels for a fiscal year as a result of States consolidating amounts under section 501(e) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the administration of federally funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative costs | SKILLS Act |
Preserving Access to Orphan Drugs Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to exclude any drug or biological product which is approved or licensed by the Food and Drug Administration (FDA) for marketing solely for one or more rare diseases or conditions (orphan drug) from the annual fee on manufacturers or importers with branded prescription drug sales exceeding $5 million. Makes this Act effective as if included in PPACA. | 113 S1128 IS: Preserving Access to Orphan Drugs 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 113th CONGRESS 1st Session S. 1128 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Toomey Mr. Casey Mr. Crapo Committee on Finance A BILL To clarify the orphan drug exception to the annual fee on branded prescription pharmaceutical manufacturers and importers. 1. Short title This Act may be cited as the Preserving Access to Orphan Drugs Act of 2013 2. Clarification of orphan drug exception to annual fee on branded prescription pharmaceutical manufacturers and importers (a) In general Paragraph (3) of section 9008(e) of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.; Public Law 111–148 (3) Exclusion of orphan drug sales (A) In general The term branded prescription drug sales (i) with respect to which a credit was allowed for any taxable year under section 45C of the Internal Revenue Code of 1986; or (ii) which is approved or licensed by the Food and Drug Administration for marketing solely for one or more rare diseases or conditions. (B) Limitation Subparagraph (A) shall not apply with respect to any drug or biological product after the date on which the drug or biological product is approved or licensed by the Food and Drug Administration for marketing for any indication other than the treatment of a rare disease or condition. (C) Rare disease or condition In this paragraph, the term rare disease or condition . (b) Effective date The amendment made by this section shall take effect as if included in section 9008 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.; Public Law 111–148 | Preserving Access to Orphan Drugs Act of 2013 |
Know Before You Owe Private Student Loan Act of 2013 - Amends the Truth in Lending Act to require a lender, before issuing a private education loan for a student attending an institution of higher education (IHE), to obtain the IHE's certification of: (1) the student's enrollment status, (2) the student's cost of attendance, and (3) the difference between that cost and the student's estimated financial assistance. Eliminates the requirement that such lenders obtain a self-certification form from the private education loan applicant. Allows a lender to issue such loan without a certification if there is no response from the relevant IHE within 15 business days of the lender's request for the certification. Requires private educational lenders to: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE; (2) notify the relevant IHE, in writing, of the loan amount and the student to whom it applies no later than the date funds are issued; and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of such assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation. | 113 S113 IS: Know Before You Owe Private Student Loan 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. 113 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Durbin Mr. Harkin Mr. Franken Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors to obtain certifications from institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Know Before You Owe Private Student Loan Act of 2013 2. Amendments to the Truth in Lending Act (a) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (1) by striking paragraph (3) and inserting the following: (3) Institutional certification required (A) In General Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of— (i) the enrollment status of the student; (ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and (iii) the difference between— (I) such cost of attendance; and (II) the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. (B) Exception Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution’s certification if such institution fails to provide within 15 business days of the creditor’s request for such certification— (i) the requested certification; or (ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. (C) Loans Disbursed Without Certification If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Consumer Financial Protection Bureau. ; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: (9) Provision of information (A) Provision of Information to Students (i) Loan Statement A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. (ii) Contents of Loan Statement Each statement described in clause (i) shall— (I) report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; (II) report any debt increases since the last statement; and (III) list the current interest rate for each loan. (B) Notification of loans disbursed without certification On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Consumer Financial Protection Bureau. (C) Annual Report A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Consumer Financial Protection Bureau containing the required information about private student loans to be determined by the Consumer Financial Protection Bureau, in consultation with the Secretary of Education. . (b) Definition of Private Education Loan Section 140(a)(7)(A) of the Truth in Lending Act ( 15 U.S.C. 1650(a)(7)(A) (1) by redesignating clause (ii) as clause (iii); (2) in clause (i), by striking and (3) by adding after clause (i) the following: (ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. . (c) Regulations Not later than 365 days after the date of enactment of this Act, the Consumer Financial Protection Bureau shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) 3. Amendment to the Higher Education Act of 1965 (a) Amendment to the Higher Education Act of 1965 Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (28) (A) The institution shall— (i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender— (I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; (II) of such student's cost of attendance at the institution as determined under part F of this title; and (III) of the difference between— (aa) the cost of attendance at the institution; and (bb) the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; and (ii) provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request— (I) within 15 business days of receipt of such certification request; and (II) only after the institution has completed the activities described in subparagraph (B). (B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification— (i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and (ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: (I) The availability of, and the borrower’s potential eligibility for, Federal financial assistance under this title, including disclosing the terms, conditions, interest rates, and repayment options and programs of Federal student loans. (II) The borrower's ability to select a private educational lender of the borrower's choice. (III) The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title. (IV) The borrower’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a borrower’s application and about a borrower’s 3-day right to cancel period. (C) For purposes of this paragraph, the terms private educational lender . (b) Effective date The amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c). 4. Report Not later than 24 months after the issuance of regulations under section 2(c), the Director of the Consumer Financial Protection Bureau and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act ( 15 U.S.C. 1638(e) 20 U.S.C. 1094(a) | Know Before You Owe Private Student Loan Act of 2013 |
Ending Secret Law Act - Expresses the sense of Congress that each decision, order, or opinion ("decision," for purposes of this Act) issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of Foreign Intelligence Surveillance Act of 1978 (FISA) provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. Amends FISA provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to require the Attorney General, with exceptions, to declassify and make publicly available decisions concerning certain surveillance orders required for inclusion in a semiannual report to Congress. Requires release to the public of unclassified summaries and reports if the Attorney General determines that a decision may not be declassified. Requires the Attorney General, in cases in which an unclassified summary may not be made available, to make publicly available an unclassified report on the status of the internal deliberations and process regarding the declassification by executive branch personnel of such decisions, including estimates of the number of decisions that will be declassified or remain classified. | 113 S1130 IS: Ending Secret Law Act U.S. Senate 2013-06-11 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. 1130 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Merkley Mr. Lee Mr. Heller Mr. Leahy Mr. Begich Mr. Franken Mr. Tester Mr. Wyden Mr. Blumenthal Mr. Paul Committee on the Judiciary A BILL To require the Attorney General to disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court that includes significant legal interpretation of section 501 or 702 of the Foreign Intelligence Surveillance Act of 1978 unless such disclosure is not in the national security interest of the United States and for other purposes. 1. Short title This Act may be cited as the Ending Secret Law Act 2. Findings Congress finds the following: (1) Secret law is inconsistent with democratic governance. In order for the rule of law to prevail, the requirements of the law must be publicly discoverable. (2) The United States Court of Appeals for the Seventh Circuit stated in 1998 that the “idea of secret laws is repugnant”. (3) The open publication of laws and directives is a defining characteristic of government of the United States. The first Congress of the United States mandated that every law, order, resolution, and vote [shall] be published in at least three of the public newspapers printed within the United States (4) The practice of withholding decisions of the Foreign Intelligence Surveillance Court is at odds with the United States tradition of open publication of law. (5) The Foreign Intelligence Surveillance Court acknowledges that such Court has issued legally significant interpretations of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (6) The exercise of surveillance authorities under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (7) Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 Public Law 107–56 any tangible things (8) In 2010, the Department of Justice and the Office of the Director of National Intelligence established a process to review and declassify opinions of the Foreign Intelligence Surveillance Court, but more than two years later no declassifications have been made. 3. Sense of Congress It is the sense of Congress that each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of section 501 or section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a) should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. 4. Requirement for disclosure of decisions, orders, and opinions of the Foreign Intelligence Surveillance Court (a) Section 501 (1) In general Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (i) Disclosure of decisions (1) Decision defined In this subsection, the term decision (2) Requirement for disclosure Subject to paragraphs (3) and (4), the Attorney General shall declassify and make available to the public— (A) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and (B) each decision issued prior to the date of the enactment of the Ending Secret Law Act (3) Unclassified summaries Notwithstanding paragraph (2) and subject to paragraph (4), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. (4) Unclassified report Notwithstanding paragraphs (2) and (3), if the Attorney General makes a determination that any decision may not be declassified under paragraph (2) and an unclassified summary of such decision may not be made available under paragraph (3), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include— (A) an estimate of the number of decisions that will be declassified at the end of such deliberations; and (B) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States. . (2) Section 702 Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) (4) Disclosure of decisions (A) Decision defined In this paragraph, the term decision (B) Requirement for disclosure Subject to subparagraphs (C) and (D), the Attorney General shall declassify and make available to the public— (i) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and (ii) each decision issued prior to the date of the enactment of the Ending Secret Law Act (C) Unclassified summaries Notwithstanding subparagraph (B) and subject to subparagraph (D), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. (D) Unclassified report Notwithstanding subparagraphs (B) and (C), if the Attorney General makes a determination that any decision may not be declassified under subparagraph (B) and an unclassified summary of such decision may not be made available under subparagraph (C), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include— (i) an estimate of the number of decisions that will be declassified at the end of such deliberations; and (ii) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States. . | Ending Secret Law Act |
Building upon Unique Indian Learning and Development Act - Directs the Secretary of the Interior to establish an in-school facility innovation program contest to encourage institutions of higher education (IHEs) to solve the problem of how to improve Indian school facilities for problem-based learning. Requires the Secretary of Education (Secretary) and the Secretary of the Interior to establish a Department of the Interior and Department of Education Joint Oversight Board to coordinate Indian education policies and assistance. Amends part A (Indian Education) of title VII (Indian, Native Hawaiian, and Alaska Native Education) of the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program awarding grants to local educational agencies (LEAs), IHEs, or nonprofit organizations to create or expand teacher and administrator pipelines for teachers and administrators of Native American students. Amends the school improvement program, under part A of title I of the ESEA, to require states to develop standards-based assessments and classroom lessons that accommodate diverse learning styles. Directs: (1) the Secretary to expand programs for Native American school children to support learning in the children's Native language and culture and provide English language instruction, and (2) the Comptroller General to conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. Excepts Native language teachers from the requirement that teachers be highly qualified. Requires states, in collaboration with Indian tribes or Tribal Colleges and Universities, to develop an alternative licensure or certification process for those teachers. Directs the Commissioner of the Administration for Native Americans in the Department of Health and Human Services (HHS) to establish a program providing grants to public and nonprofit private agencies to assist Native Americans in ensuring the survival and continuing vitality of Native American languages. Requires Department of Education assistance programs for elementary and secondary schools or early learning programs to reserve at least 0.5% of their funding for Indian elementary and secondary schools or early learning programs. Requires the Secretary to: (1) establish a program to improve school environments and student skill development for healthy choices for Native American students, (2) establish a program for school dropout prevention for Native American students, and (3) collaborate with the Secretary of Agriculture (USDA) to establish tribal-school specific school gardens and nutrition programs that are within the tribal cultural context. Authorizes and appropriates additional funds for the Impact Aid program, under title VIII of the ESEA, through FY2016. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their school districts.) Authorizes appropriations for FY2014, for use through FY2015, for: (1) the tribally controlled postsecondary career and technical institutions program under the Tribally Controlled Colleges and Universities Assistance Act of 1978; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) institutional operations grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute under the Snyder Act; and (4) scholarships and adult education and special higher education scholarships under the Snyder Act. | 113 S1131 IS: Building upon Unique Indian Learning and Development 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 113th CONGRESS 1st Session S. 1131 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Udall of New Mexico Mr. Heinrich Committee on Indian Affairs A BILL To strengthen Indian education, and for other purposes. 1. Short title This Act may be cited as the Building upon Unique Indian Learning and Development Act 2. In-school facility innovation program contest (a) In general The Secretary of the Interior shall— (1) establish an in-school facility innovation program contest in which institutions of higher education, including Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c (2) establish an advisory group for the contest described in paragraph (1) that shall include students enrolled at a Tribal College or University, a representative from the Bureau of Indian Education, and engineering and fiscal advisors. (b) Submission of finalists to the Indian Affairs Committee The Secretary of the Interior shall submit the finalists to the Committee on Indian Affairs of the Senate. (c) Winners The Secretary of the Interior shall— (1) determine the winners of the program contest conducted under this section; and (2) award the winners appropriate recognition and reward. 3. Department of the Interior and Department of Education Joint Oversight Board (a) In general The Secretary of Education and the Secretary of the Interior shall jointly establish a Department of the Interior and Department of Education Joint Oversight Board, that shall— (1) be co-chaired by both Departments; and (2) coordinate technical assistance, resource distribution, and capacity building between the 2 departments on the education of and for Native American students. (b) Information To be shared The Joint Oversight Board shall facilitate the communication, collaboration, and coordination between the 2 departments of education policies, access to and eligibility for Federal resources, and budget and school leadership development, and other issues, as appropriate. 4. Improve support for teachers and administrators of native american students Subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. 7123. Teacher and administrator pipeline for teachers and administrators of native american students (a) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to create or expand a teacher or administrator, or both, pipeline for teachers and administrators of Native American students. (b) Eligible entity In this section, the term eligible entity (1) a local educational agency; (2) an institution of higher education; (3) a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965); or (4) a nonprofit organization. (c) Priority In awarding grants under this section, the Secretary shall give priority to Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965). (d) Activities An eligible entity that receives a grant under this section shall create a program that shall prepare, recruit, and provide continuing education for teachers and administrators of Native American students, in particular for teachers of— (1) science, technology, engineering, and mathematics; (2) subjects that lead to health professions; and (3) green skills and middle skills (e) Incentives for teachers and administrators An eligible entity that receives a grant under this section may provide incentives to teachers and principals who make a commitment to serve high-need, high-poverty, tribal schools, including in the form of scholarships, loan forgiveness, incentive pay, or housing allowances. (f) School and community orientation An eligible entity that receives a grant under this section shall develop an evidence-based, culturally based school and community orientation for new teachers and administrators of Native American students. . 5. Native American student support (a) Standards-Based assessments Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) (E) Standards-based education assessments Notwithstanding any other provision of this Act, a State, in consultation with Indian tribes or Tribal Colleges and Universities, shall develop standards-based education assessments and classroom lessons to accommodate diverse learning styles, which assessments may be used by the State in place of the general assessments described in subparagraph (A). . (b) Support The Secretary of Education shall expand programs for Native American school children— (1) to provide support for learning in the children's Native language and culture; and (2) to provide English language instruction. (c) Research The Comptroller General of the United States shall conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. (d) Native language teaching Section 1119 of the Elementary and Secondary Education Act of 1965 20 U.S.C. 6319 (m) Qualifications for Native language teachers (1) In general Notwithstanding any other provision of law, the requirements of subsection (a) for local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher of a Native language. (2) Alternative licensure or certification Each State educational agency receiving assistance under this part shall, through collaboration with Indian tribes or Tribal Colleges and Universities, as appropriate, develop a licensure or certification process for teachers of a Native language. . (e) Grant program To ensure the survival and continuing vitality of native american languages (1) Definitions In this subsection: (A) Commissioner The term Commissioner (B) Eligible entity The term eligible entity 42 U.S.C. 2991b(a) (2) Establishment of grant program The Commissioner shall establish a program to provide eligible entities with grants for the purpose of assisting Native Americans to ensure the survival and continuing vitality of Native American languages. (3) Use of amounts (A) In general An eligible entity may use amounts received under this subsection to carry out activities that ensure the survival and continuing vitality of Native American languages, including— (i) the establishment and support of community Native American language projects designed to bring older and younger Native Americans together to facilitate and encourage the transfer of Native American language skills from one generation to another; (ii) the establishment of projects that train Native Americans to— (I) teach a Native American language to others; or (II) serve as interpreters or translators of a Native American language; (iii) the development, printing, and dissemination of materials to be used for the teaching and enhancement of a Native American language; (iv) the establishment or support of a project to train Native Americans to produce or participate in television or radio programs to be broadcast in a Native American language; (v) the compilation, transcription, and analysis of oral testimony to record and preserve a Native American language; (vi) the purchase of equipment, including audio and video recording equipment, computers, and software, required to carry out a Native American language project; and (vii) (I) the establishment of Native American language nests, which are site-based educational programs that— (aa) provide instruction and child care through the use of a Native American language for at least 10 children under the age of 7 for an average of at least 500 hours per year per student; (bb) provide classes in a Native American language for parents (or legal guardians) of students enrolled in a Native American language nest (including Native American language-speaking parents); and (cc) ensure that a Native American language is the dominant medium of instruction in the Native American language nest; (II) the establishment of Native American language survival schools, which are site-based educational programs for school-age students that— (aa) provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 15 students for whom a Native American language survival school is the principal place of instruction; (bb) develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (cc) provide for teacher training; (dd) work toward a goal of all students achieving— (AA) fluency in a Native American language; and (BB) academic proficiency in mathematics, reading (or language arts), and science; and (ee) are located in areas that have high numbers or percentages of Native American students; and (III) the establishment of Native American language restoration programs, which are educational programs that— (aa) operate at least 1 Native American language program for the community that the educational program serves; (bb) provide training programs for teachers of Native American languages; (cc) develop instructional materials for the Native American language restoration programs; (dd) work toward a goal of increasing proficiency and fluency in at least 1 Native American language; and (ee) provide instruction in at least 1 Native American language. (B) Native American language restoration programs An eligible entity carrying out a program described in subparagraph (A)(vii)(III) may use amounts made available under this section to carry out— (i) Native American language programs, including— (I) Native American language immersion programs; (II) Native American language and culture camps; (III) Native American language programs provided in coordination and cooperation with educational entities; (IV) Native American language programs provided in coordination and cooperation with institutions of higher education with expertise in the relevant Native language, particularly Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c (V) Native American language programs that use a master-apprentice model of learning languages; and (VI) Native American language programs provided through a regional program to better serve geographically dispersed students; (ii) Native American language teacher training programs, including— (I) training programs in Native American language translation for fluent speakers; (II) training programs for Native American language teachers; (III) training programs for teachers in the use of Native American language materials, tools, and interactive media to teach Native American language; and (iii) the development of Native American language materials, including books, audio and visual tools, and interactive media programs. (4) Applications (A) In general Subject to subparagraph (B), in awarding a grant under this subsection, the Commissioner shall select applicants from among eligible entities on the basis of applications submitted to the Commissioner at such time, in such form, and containing such information as the Commissioner requires. (B) Requirements An application under subparagraph (A) shall include, at a minimum— (i) a detailed description of the current status of the Native American language to be addressed by the project for which a grant is requested, including a description of existing programs and projects, if any, in support of that language; (ii) a detailed description of the project for which the grant is requested; (iii) a statement that the objectives of the project are in accordance with the purposes of this subsection; (iv) a detailed description of the plan of the applicant to evaluate the project; (v) if appropriate, an identification of opportunities for the replication or modification of the project for use by other Native Americans; (vi) a plan for the preservation of the products of the Native American language project for the benefit of future generations of Native Americans and other interested persons; and (vii) in the case of an application for a grant to carry out any purpose specified in paragraph (3)(A)(vii)(III), a certification by the applicant that the applicant has not less than 3 years of experience in operating and administering a Native American language survival school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language. (C) Participating organizations If an applicant determines that the objectives of a proposed Native American language project would be accomplished more effectively through a partnership with an educational entity, the applicant shall identify the educational entity as a participating organization in the application. (5) Limitations on funding (A) Federal share The Federal share of the total cost of a program under this subsection shall not exceed 80 percent. (B) Non-Federal share (i) In general The non-Federal share of the cost of a program under this subsection may be provided in cash or fairly evaluated in-kind contributions, including facilities, equipment, or services. (ii) Source of non-Federal share The non-Federal share— (I) may be provided from any private or non-Federal source; and (II) may include amounts (including interest) distributed to an Indian tribe— (aa) by the Federal Government pursuant to the satisfaction of a claim made under Federal law; (bb) from amounts collected and administered by the Federal Government on behalf of an Indian tribe or the members of an Indian tribe; or (cc) by the Federal Government for general tribal administration or tribal development under a formula or subject to a tribal budgeting priority system, including— (AA) amounts involved in the settlement of land or other judgment claims; (BB) severance or other royalty payments; or (CC) payments under the Indian Self-Determination Act ( 25 U.S.C. 450f et seq. (C) Duration (i) In general Subject to clause (ii), the Commissioner may make grants made under this subsection on a 1-year, 2-year, or 3-year basis. (ii) Native American language restoration program The Commissioner shall only make a grant available under paragraph (3)(A)(vii)(III) on a 3-year basis. (6) Administration (A) Expert panel (i) In general Not later than 180 days after date of enactment of this subsection, the Commissioner shall appoint a panel of experts for the purpose of assisting the Commissioner to review— (I) applications submitted under paragraph (4); (II) evaluations carried out to comply with paragraph (4)(B)(iv); and (III) the preservation of products required by paragraph (4)(B)(vi). (ii) Composition (I) In general The panel shall include— (aa) a designee of the Institute of American Indian and Alaska Native Culture and Arts Development; (bb) representatives of national, tribal, and regional organizations that focus on Native American language or Native American cultural research, development, or training; and (cc) other individuals who are recognized as experts in the area of Native American language. (II) Recommendations The Commissioner shall solicit recommendations for appointments to the panel from Indian tribes and tribal organizations. (iii) Duties The duties of the panel shall include— (I) making recommendations regarding the development and implementation of regulations, policies, procedures, and rules of general applicability with respect to the administration of this subsection; (II) reviewing applications received under paragraph (4); (III) providing to the Commissioner a list of recommendations for the approval of applications in accordance with— (aa) regulations issued by the Secretary of Health and Human Services; and (bb) the relative need for the project; and (IV) reviewing evaluations submitted to comply with paragraph (4)(B)(iv). (B) Products generated by projects (i) In general Subject to clause (ii), for preservation and use in accordance with the responsibilities of the respective organization under Federal law, a copy of any product of a Native American language project for which a grant is made under this subsection— (I) shall be transmitted— (aa) to the Institute of American Indian and Alaska Native Culture and Arts Development; and (bb) to the Tribal Colleges or Universities where the language addressed in the grant program is inherent; and (II) may be transmitted, at the discretion of the grantee, to national and regional repositories of similar material. (ii) Exemption (I) In general In accordance with the Federal recognition of the sovereign authority of each Indian tribe over all aspects of the culture and language of that Indian tribe and subject to subclause (II), an Indian tribe may make a determination— (aa) not to transmit a copy of a product under clause (i); (bb) not to permit the redistribution of a copy of a product transmitted under clause (i); or (cc) to restrict in any manner the use or redistribution of a copy of a product transmitted under clause (i). (II) Restrictions Subclause (I) does not authorize an Indian tribe— (aa) to limit the access of the Commissioner to a product described in clause (i) for purposes of administering this subsection or evaluating the product; or (bb) to sell a product described in clause (i), or a copy of that product, for profit to the entities referred to in clause (i). (7) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2014 through 2019. (f) Conforming amendments (1) In general Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (2) Authorization of appropriations Section 816 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d (A) in subsection (a), by striking sections 803(d), 803A, 803C, 804, subsection (e) of this section sections 803(d), 803A, and 804, subsection (d) (B) in subsection (b), by striking other than sections 803(d), 803A, 803C, 804, subsection (e) of this section sections 803(d), 803A, and 804, subsection (d) (C) by striking subsection (e). 6. Increased access to resources for tribal schools, schools served by the Bureau of Indian Education, and Native American students (a) Reservation for Bureau-Funded Schools and Programs and Schools Operated by a Tribe or Tribal Organization (1) In General The Secretary of Education shall ensure that any program administered by the Department of Education that awards grants, contracts, or other assistance to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (A) Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (B) Prekindergarten programs or early childhood programs or services operated by a tribe or Indian organization (as defined in such section). (C) Elementary schools or secondary schools operated by a tribe or Indian organization (as defined in such section). (2) Amount of Reservation (A) Existing Reservation of Funds In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (i) if the existing reservation of funds is for an amount that is less than 0.5 percent, the amount of such reservation shall be increased to 0.5 percent; and (ii) if the existing reservation of funds is for an amount that is equal to or greater than 0.5 percent, the amount of such reservation shall be maintained. (B) No Existing Reservation of Funds In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (3) Use of Reserved Funds Funds reserved under this section shall be used in accordance with the uses of funds described for each particular grant, contract, or assistance program. In addition to program support, such reserved funds may be used, in an amount determined by the Secretary of Education, for technical assistance or capacity building to ensure that the schools or programs described in paragraph (1) are provided the assistance to compete for such grants, contracts, or other assistance. (4) Effect on Other Laws The Secretary of Education shall carry out this subsection notwithstanding any other provision of law. (b) Safe and healthy schools for Native American students Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: 4131. Safe and healthy schools for Native American students From funds made available to carry out this subpart, the Secretary shall— (1) establish a program to improve school environments and student skill development for healthy choices for Native American students, including— (A) prevention regarding— (i) alcohol and drug misuse; (ii) suicide; (iii) violence; (iv) pregnancy; and (v) obesity; (B) nutritious eating programs; and (C) anger and conflict management programs; (2) establish a program for school dropout prevention for Native American students; and (3) collaborate with the Secretary of Agriculture to establish tribal-school specific school gardens and nutrition programs that are within the tribal cultural context. . 7. Funds for Impact Aid In addition to amounts otherwise appropriated to carry out title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. (1) $750,000,000 for fiscal year 2014. (2) $750,000,000 for fiscal year 2015. (3) $750,000,000 for fiscal year 2016. 8. Forward Funding for Tribal Colleges For carrying out the following programs, there are authorized to be appropriated $91,087,500 for fiscal year 2014 which shall become available on July 1, 2014, and shall remain available through September 30, 2015: (1) Programs under title V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1861 et seq. (2) The Institute of American Indian and Alaska Native Culture and Arts Development established under the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act ( 20 U.S.C. 4401 et seq. (3) Institutional operations grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute under the authority of the Act of November 2, 1921 ( 25 U.S.C. 13 (4) Scholarships and adult education and special higher education scholarships under the authority of the Act of November 2, 1921 ( 25 U.S.C. 13 9. Definition of Tribal School (a) ESEA Definition Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (44) Tribal School The term tribal school (A) a school that is a Bureau-funded school, as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 (B) a prekindergarten program, early childhood program or service, or elementary school or secondary school, operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (C) a school that is located on Indian lands (as defined in section 8013); or (D) a school in which a predominance of the students who attend the school are Native American or Alaska Native students, as determined by the Secretary. . (b) Definition for this Act In this Act, the term tribal school 20 U.S.C. 7801 | Building upon Unique Indian Learning and Development Act |
Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina, which makes its members eligible for the services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be within the delivery area for such services. Authorizes the Secretary of the Interior to take land into trust for the Tribe. Prohibits the Tribe from conducting gaming activities. Requires North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the Tribe. | 113 S1132 IS: Lumbee Recognition Act U.S. Senate 2013-06-11 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. 1132 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Burr Mrs. Hagan Committee on Indian Affairs A BILL To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. 1. Short title This Act may be cited as the Lumbee Recognition Act 2. Preamble The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking and (2) By striking : Now, therefore, (3) By adding at the end the following new clauses: 3. Federal recognition The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. (b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified. (c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary’s verification shall be limited to confirming compliance with the membership criteria set out in the Tribe’s constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an on reservation (b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 5. (a) The State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed on; and (2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. (b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. (c) The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 6. There are authorized to be appropriated such sums as are necessary to carry out this Act. . | Lumbee Recognition Act |
New Markets Tax Credit Extension Act of 2013 - Amends the Internal Revenue Code to: (1) make permanent the new markets tax credit, (2) provide for an inflation adjustment to the limitation amount for such credit after 2013, and (3) allow an offset against the alternative minimum tax (AMT) for such credit (determined with respect to qualified equity investments initially made before January 1, 2014). | 113 S1133 IS: New Markets Tax Credit Extension Act of 2013 U.S. Senate 2013-06-11 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. 1133 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Rockefeller Mr. Blunt Mr. Cardin Ms. Collins Ms. Cantwell Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes. 1. Short title This Act may be cited as the New Markets Tax Credit Extension Act of 2013 2. Permanent extension of new markets tax credit (a) Extension (1) In general Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking , 2011, 2012, and 2013 and each calendar year thereafter (2) Conforming amendment Section 45D(f)(3) of such Code is amended by striking the last sentence. (b) Inflation adjustment Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Inflation adjustment (A) In general In the case of any calendar year beginning after 2013, the dollar amount in paragraph (1)(G) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 calendar year 1992 (B) Rounding rule Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000. . (c) Alternative minimum tax relief Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and (2) by inserting after clause (iv) the following new clause: (v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2014, . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Alternative minimum tax relief The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) | New Markets Tax Credit Extension Act of 2013 |
Enrolled Agents Credential Act - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to prescribe regulations to regulate the conduct of enrolled agents in their practice before the Internal Revenue Service (IRS). Allows properly licensed enrolled agents to use the credentials or designation as "enrolled agent," "EA," or "E.A." | 113 S1134 IS: Enrolled Agents Credential Act U.S. Senate 2013-06-11 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. 1134 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Portman Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to issue regulations covering the practice of enrolled agents before the Internal Revenue Service. 1. Short title This Act may be cited as the Enrolled Agents Credential Act 2. Enrolled agents (a) In general Chapter 77 7529. Enrolled agents (a) In general The Secretary may prescribe such regulations as may be necessary to regulate the conduct of enrolled agents in regards to their practice before the Internal Revenue Service. (b) Use of credentials Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation as enrolled agent EA E.A. . (b) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Enrolled agents. . (c) Prior regulations Nothing in the amendments made by this section shall be construed to have any effect on part 10 of title 31, Code of Federal Regulations, or any other related Federal rule or regulation issued before the date of the enactment of this Act. | Enrolled Agents Credential Act |
Fracturing Responsibility and Awareness of Chemicals Act or FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and natural gas production activities under such Act. Amends the Safe Drinking Water Act to allow the Administrator of the Environmental Protection Agency (EPA) to prescribe regulations that authorize a state, one year after such regulations are promulgated, to seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals and proppants intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to ensure the accuracy and completeness of the disclosed information and make it available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, a first responder, or healthcare practitioner upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. Authorizes first responders or healthcare practitioners to share any information disclosed with other persons if the information is medically necessary, but prohibits such personnel from making such information publicly available. | 113 S1135 IS: FRAC Act U.S. Senate 2013-06-11 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. 1135 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Casey Mr. Schumer Mrs. Gillibrand Mr. Whitehouse Mr. Merkley Committee on Environment and Public Works A BILL To amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes. 1. Short title This Act may be cited as the Fracturing Responsibility and Awareness of Chemicals Act FRAC Act 2. Regulation of hydraulic fracturing (a) Underground injection Section 1421(d) of the Safe Drinking Water Act ( 42 U.S.C. 300h(d) (1) Underground injection (A) In general The term underground injection (B) Inclusion The term underground injection (C) Exclusion The term underground injection . (b) State primary enforcement relating to hydraulic fracturing operations Section 1422 of the Safe Drinking Water Act ( 42 U.S.C. 300h–1 (f) Hydraulic fracturing operations (1) In general Consistent with such regulations as the Administrator may prescribe, a State may seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. (2) Administration (A) In general Paragraph (1) shall not apply until the date that is 1 year after the date on which the Administrator publishes in the Federal Register any regulations promulgated under that paragraph. (B) Effect on Administrator Nothing in this subsection affects the authority of the Administrator to approve State programs that assume primary enforcement responsibility for only certain types of underground injection control wells. . (c) Disclosure Section 1421(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h(b) (4) Disclosures of chemical constituents (A) In general A person conducting hydraulic fracturing operations shall disclose to the State (or to the Administrator, in any case in which the Administrator has primary enforcement responsibility in a State), by not later than such deadlines as shall be established by the State (or the Administrator)— (i) before the commencement of any hydraulic fracturing operations at any lease area or a portion of a lease area, a list of chemicals and proppants intended for use in any underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the anticipated amount of each chemical to be used); and (ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals and proppants used in each underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the amount of each chemical used). (B) Public availability The State or the Administrator, as applicable, shall— (i) ensure the accuracy and completeness of the information required under subparagraph (A); and (ii) make available to the public the information contained in each disclosure required under subparagraph (A), including by posting the information on a single, searchable Internet website such that all the information disclosed to the State or Administrator, as applicable, under that subparagraph is contained on the same Internet website. (C) Immediate disclosure in case of medical need or emergency (i) In general Subject to clause (ii), the regulations promulgated pursuant to subsection (a) shall require that, in any case in which the State or the Administrator, as applicable, a first responder, or healthcare practitioner determines that the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response, the applicable person using hydraulic fracturing shall, upon request, immediately disclose to the State, the Administrator, first responder, or healthcare practitioner the proprietary chemical formula or specific chemical identity of a trade-secret chemical, regardless of the existence of— (I) a written statement of need; or (II) a confidentiality agreement. (ii) Requirement A person using hydraulic fracturing that makes a disclosure required under clause (i) may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the State, Administrator, first responder, or healthcare practitioner, as applicable, under that clause. (iii) Professional necessity (I) In general Subject to subclause (II), a first responder or healthcare practitioner may share any information disclosed under clause (i) with other persons if the information is medically necessary. (II) Restriction A first responder or healthcare practitioner described in subclause (I) shall not make publicly available any information disclosed under clause (i). (D) No public disclosure required Nothing in subparagraph (A), (B), or (C) authorizes a State or the Administrator to publicly disclose any proprietary chemical formula. . | FRAC Act |
Nicaraguan Tariff Preference Level Extension Act of 2013 - Directs the President to proclaim an extension through December 31, 2024, of the preferential tariff treatment provided certain apparel goods imported into the United States from Nicaragua. | 113 S1136 IS: Nicaraguan Tariff Preference Level Extension Act of 2013 U.S. Senate 2013-06-11 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. 1136 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mrs. Feinstein Committee on Finance A BILL To authorize the extension of preferential tariff treatment for certain textile goods imported from Nicaragua. 1. Short title This Act may be cited as the Nicaraguan Tariff Preference Level Extension Act of 2013 2. Extension of tariff preference level program for Nicaragua (a) In general The President shall proclaim an extension until December 31, 2024, of the preferential tariff treatment for apparel goods imported from Nicaragua— (1) described in U.S. Note 15 to subchapter XV of chapter 99 of the Harmonized Tariff Schedule of the United States; and (2) provided for under Annex 3.28 of the Dominican Republic–Central America–United States Free Trade Agreement and the letters described in subparagraphs (A) and (B) of section 1634(a)(2) of the Miscellaneous Trade and Technical Corrections Act of 2006 (title XIV of Public Law 109–280 (b) Limitation on application of one-for-One purchasing rule for cotton woven trousers The limitation specified in clause (iv) of paragraph (7)(b) of the letter described in section 1634(a)(2)(A) of the Miscellaneous Trade and Technical Corrections Act of 2006 shall apply with respect to the one-for-one purchasing rule described in paragraph (7)(b) of that letter in each year after the extension pursuant to subsection (a) of the preferential tariff treatment described in that subsection. (c) Amendment to Miscellaneous Trade and Technical Corrections Act of 2006 Section 1634(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 is amended— (1) in paragraph (1)— (A) by striking under Annex 3.28 of the Agreement under the Nicaraguan tariff preference level program (B) by striking provided in Annex 3.28 of the Agreement under the Nicaraguan tariff preference level program (2) in paragraph (2), by striking provided in Annex 3.28 of the Agreement under the Nicaraguan tariff preference level program (3) by adding at the end the following: (4) Nicaraguan tariff preference level program defined In this subsection, the term Nicaraguan tariff preference level program Nicaraguan Tariff Preference Level Extension Act of 2013 . | Nicaraguan Tariff Preference Level Extension Act of 2013 |
Ambulatory Surgical Center Quality and Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to require alignment of updates for ambulatory surgical center (ASC) services under a revised prospective payment system (PPS) with updates for hospital outpatient department (OPD) services. Revises requirements for the reporting and applying of quality measure data by ASCs and hospital OPDs. Directs the Secretary of Health and Human Services (HHS) to establish an ASC value-based purchasing program under which each ASC that the Secretary determines meets (or exceeds) performance standards established, with respect to selected quality measures, for the performance period for a calendar year is eligible for shared savings in the form of a payment increase determined according to a specified formula. Revises requirements for the composition of the expert outside advisory panel the Secretary is required to consult during the annual review of the clinical integrity of the groups and payment weights in the PPS for hospital OPD services. Requires the panel to include suppliers subject to the PPS as well as at least one ASC representative. Requires the Secretary, when excluding from a final rule updating ASC lists a procedure whose inclusion was requested during the public comment period, to cite in the final rule specific criteria based on which the procedure was excluded. Requires the Secretary also to identify the peer reviewed research or the evidence upon which the exclusion is based if certain of those criteria are cited for it. Prohibits the Secretary from using or citing as a criterion or a basis for an exclusion that the procedure can only be reported using a Current Procedural Terminology (CPT) unlisted surgical procedure code. | 113 S1137 IS: Ambulatory Surgical Center Quality and Access Act of 2013 U.S. Senate 2013-06-11 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. 1137 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Wyden Ms. Landrieu Ms. Cantwell Mr. Merkley Mr. Blumenthal Committee on Finance A BILL To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Ambulatory Surgical Center Quality and Access Act of 2013 2. Aligning updates for ambulatory surgical center services with updates for OPD services Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 13951(i)(2)(D) (1) by redesignating clause (vi) as clause (vii); (2) in the first sentence of clause (v), by inserting before the period the following: and, in the case of 2014 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year (3) by inserting after clause (v) the following new clause: (vi) In implementing the system described in clause (i) for 2014 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v). . 3. Transparency of quality reports and application of value-based purchasing to ASCs (a) Quality measures Paragraph (7) of section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) (C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data available on the website Medicare.gov (D) For each procedure covered for payment in an ambulatory surgical center, the Secretary shall publish, along with the quality reporting comparisons provided for in subparagraph (C), comparisons of the Medicare payment and beneficiary copayment amounts for the procedure when performed in ambulatory surgical centers and hospital outpatient departments in the same geographic area. (E) The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C)(ii) prior to such data being made public. . (b) Ambulatory surgical center value-Based purchasing program Section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) (8) Value-based purchasing program (A) Establishment The Secretary shall establish an ambulatory surgical center value-based purchasing program (in this subsection referred to as the Program (B) Program start date The Program shall apply to payments for procedures occurring on or after January 1, 2015. (C) Measures (i) In general For purposes of the Program, the Secretary shall select measures from the measures specified under paragraph (7). (ii) Availability of measure and data The Secretary may not select a measure under this paragraph for use under the Program with respect to a performance period for a calendar year unless such measure has been included, and the reported data available, on the website Medicare.gov (iii) Measure not applicable unless ASC furnishes services appropriate to measure A measure selected under this paragraph for use under the Program shall not apply to an ambulatory surgical center if such center does not furnish services appropriate to such measure. (D) Performance standards (i) Establishment The Secretary shall establish performance standards with respect to measures selected under subparagraph (C)(i) for a performance period for a calendar year. (ii) Achievement and improvement The performance standards established under clause (i) shall include levels of achievement and improvement. (iii) Timing The Secretary shall establish and announce the performance standards under clause (i) not later than 60 days prior to the beginning of the performance period for the calendar year involved. (E) Performance period For purposes of the Program, the Secretary shall establish the performance period for a calendar year. Such performance period shall begin and end prior to the beginning of such calendar year. (F) ASC performance score The Secretary shall develop a methodology for assessing the total performance of each ambulatory surgery center based on performance standards with respect to the measures selected under subparagraph (C) for a performance period (as established under subparagraph (E)). Using such methodology, the Secretary shall provide for an assessment (in this subsection referred to as the ASC performance score (G) Appeals The Secretary shall establish a process by which ambulatory surgery centers may appeal the calculation of the ambulatory surgery center’s performance with respect to the performance standards established under subparagraph (D) and the ambulatory surgery center performance score under subparagraph (E). The Secretary shall ensure that such process provides for resolution of appeals in a timely manner. (H) Calculation of value-based incentive payment (i) Value-based percentage amount For purposes of subparagraph (A), the Secretary shall specify a value-based percentage amount for an ambulatory surgical center for a calendar year. (ii) Requirements In specifying the value-based percentage amount for each ambulatory surgical center for a calendar year under clause (i), the Secretary shall ensure that such percentage is based on— (I) the ASC performance score of the ambulatory surgery center under subparagraph (F); and (II) the amount of the total savings pool made available under subparagraph (I)(iii)(I) for such year. (I) Annual calculation of shared savings funding for value-based incentive payments (i) Determining bonus pool In each year of the Program, ambulatory surgery centers shall be eligible to receive payment for shared savings under the Program only if for such year the sum of— (I) the estimated amount of expenditures under this title for Medicare fee-for-service beneficiaries (as defined in section 1899(h)(3)) for surgical services for which payment is made under the payment system under paragraph (2), adjusted for beneficiary characteristics, and (II) the estimated amount of expenditures under this title for Medicare fee-for-service beneficiaries (as so defined) for the same surgical services for which payment is made under the prospective payment system under subsection (t), adjusted for beneficiary characteristics, is at least the percent specified by the Secretary below the applicable benchmark determined for such year under clause (ii). For purposes of this subparagraph, such sum shall be referred to as estimated expenditures (ii) Establish and update benchmark For purposes of clause (i), the Secretary shall calculate a benchmark for each year described in such clause equal to the product of— (I) estimated expenditures described in clause (i) for such year, and (II) the average annual growth in estimated expenditures for the most recent three years. Such benchmark shall be reset at the start of each calendar year, and adjusted for changes in enrollment under the Medicare fee-for-service program. (iii) Payments based on shared savings If the requirement under clause (i) is met for a year— (I) 50 percent of the total savings pool estimated under clause (iv) for such year shall be made available for shared savings to be paid to ambulatory surgical centers under this paragraph; (II) a percent (as determined appropriate by the Secretary, in accordance with subparagraph (H)) of such amount made available for such year shall be paid as shared savings to each ambulatory surgery center that is determined under the Program to have met or exceeded performance scores for such year; and (III) all funds made available under subclause (I) for such year shall be used and paid as sharing savings for such year in accordance with subclause (II). (iv) Estimate of the total savings pool For purposes of clause (iii), the Secretary shall estimate for each year of the Program the total savings pool as the product of— (I) the conversion factor for such year determined by the Secretary under the payment system under paragraph (2)(D) divided by the conversion factor calculated under subsection (t)(3)(C) for such year for covered OPD services, multiplied by 100, and (II) (aa) the product of the estimated Medicare expenditures for surgical services described in clause (i)(I) furnished during such year to Medicare fee-for-service beneficiaries (as defined in section 1899(h)(3)) for which payment is made under subsection (t) and the average annual growth in the estimated Medicare expenditures for such services furnished to Medicare fee-for-service beneficiaries (as so defined) for which payment is made under subsection (t) in the most recent available 3 years, less (bb) the estimated Medicare expenditures for surgical services described in clause (i)(I) furnished to Medicare fee-for-service beneficiaries for which payment was made under subsection (t) in the most recent year. (J) No effect in subsequent calendar years The value-based percentage amount under subparagraph (H) and the percent determined under subparagraph (I)(iii)(I) shall apply only with respect to the calendar year involved, and the Secretary shall not take into account such amount or percentage in making payments to an ambulatory surgery center under this section in a subsequent calendar year. . 4. Advisory Panel on Hospital Outpatient Payment Representation (a) ASC representative The second sentence of section 1833(t)(9)(A) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(A) and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative) an appropriate selection of representatives of providers (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 5. Reasons for excluding additional procedures from ASC approved list (a) In general Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 (b) Effective date The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act. | Ambulatory Surgical Center Quality and Access Act of 2013 |
Hudson River Valley Special Resource Study Act - Directs the Secretary of the Interior to conduct a study of the Hudson River Valley in the state of New York to evaluate: (1) the national significance of the part of the Hudson River that flows from Rodgers Island at Fort Edward to the southernmost boundary of Westchester County, New York (the study area); and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. | 113 S1139 IS: Hudson River Valley Special Resource Study Act U.S. Senate 2013-06-11 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. 1139 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mrs. Gillibrand Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the Hudson River Valley, New York. 1. Short title This Act may be cited as the Hudson River Valley Special Resource Study Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Study area (A) In general The term study area (B) Inclusion The term study area 3. Findings Congress finds that— (1) the Hudson River Valley possesses nationally significant and unique cultural, historical, natural, recreational, and scenic resources; (2) the Hudson River Valley is home to a robust and growing tourism and recreation industry that is an important component of the regional economy; (3) throughout history, the Hudson River Valley has played a crucial role in the development of the United States, starting from the vibrant Native American communities that first inhabited the land, to the voyage of Henry Hudson up the river later named for Hudson in the vessel Half Moon in 1609 and later with the American Revolution, the debate on our Constitution, the first successful steamboat voyage by Robert Fulton in 1807, the Industrial Revolution, the establishment of the Erie Canal and growth of metropolitan New York, and the inception of the modern labor and environmental movements; (4) the Hudson River Valley gave birth to important movements in the art, architecture, and literature of the United States; (5) the Hudson River Valley encompasses a rich array of sensitive natural resources ranging from the Hudson River and the vast estuarine district of the Hudson River, to the wetlands, refuges, parks, forests, farmlands, preserves, cliffs, valleys, and wildlife of the Hudson River; (6) the depictions and descriptions of the renowned scenery and natural resources of the Hudson River Valley played a central role in the recognition of the value of the landscape and the development of the esthetic and environmental ideal of the United States; (7) a 1996 National Park Service study described the Hudson River Valley as the landscape that defined America (8) the Hudson River Valley has been the subject of multiple State and Federal inventories, studies, and plans that should greatly assist in the conduct of a National Park Service special resource study. 4. Authorization of study (a) In general As soon as funds are made available to carry out this section, the Secretary shall conduct a study of the study area to evaluate— (1) the national significance of the study area; and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Study guidelines In conducting the study under subsection (a), the Secretary shall— (1) use the criteria for the study of areas for potential inclusion in the National Park System included in section 8 of the National Park System General Authorities Act (16 U.S.C. 1a–5); and (2) closely examine models for units of the National Park System, in particular national river and recreation areas, and other landscape protection models, that— (A) encompass large areas of non-Federal land within designated boundaries; (B) promote increased heritage tourism and economic development; (C) foster public and private collaborative arrangements for achieving National Park Service objectives; and (D) protect and respect the rights of private land owners and municipalities. 5. Report Not later than 3 years after the date on which funds are first made available to conduct the study under section 4, 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 on the findings, conclusions, and recommendations of the study. | Hudson River Valley Special Resource Study Act |
Fairness for Struggling Students Act of 2013 Amends federal bankruptcy law to make privately issued student loans dischargeable in bankruptcy. Under current law, student loans (whether issued privately or by a governmental unit) are dischargeable only if excepting the loans from dischargeability would impose undue hardship on the debtor and the debtor's dependents. | 113 S114 IS: Fairness for Struggling Students 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. 114 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Durbin Mr. Whitehouse Mr. Franken Mr. Harkin Mr. Reed Ms. Warren Committee on the Judiciary A BILL To amend title 11, United States Code, with respect to certain exceptions to discharge in bankruptcy. 1. Short title This Act may be cited as the Fairness for Struggling Students Act of 2013 2. Exceptions to discharge Section 523(a)(8) of title 11, United States Code, is amended by striking dependents, for dependents, for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit or an obligation to repay funds received from a governmental unit as an educational benefit, scholarship, or stipend; | Fairness for Struggling Students Act of 2013 |
Creating American Prosperity through Preservation Act of 2013 - Amends the Internal Revenue Code, with respect to tax credits for building rehabilitation expenditures, to: (1) allow an increased 30% credit for projects involving $7.5 million or less in rehabilitation expenditures, (2) provide for an additional 2% credit amount for a building that is a qualified energy efficient rehabilitated building (increased energy efficiency of 30% or more), (3) change the placed-in-service requirement for non-historic rehabilitated buildings from before 1936 to 50 years prior to the year in which qualified rehabilitation expenditures are taken into account, and (4) exempt from tax the proceeds of a state historic tax credit. | 113 S1141 IS: Creating American Prosperity through Preservation Act of 2013 U.S. Senate 2013-06-11 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. 1141 IN THE SENATE OF THE UNITED STATES June 11, 2013 Mr. Cardin Ms. Collins Mr. Schumer Ms. Stabenow Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the rehabilitation credit, and for other purposes. 1. Short title This Act may be cited as the Creating American Prosperity through Preservation Act of 2013 2. Increase in the rehabilitation credit for certain smaller projects (a) In general Section 47 (e) Special rule regarding certain smaller projects (1) In general In the case of any qualified rehabilitated building or portion thereof— (A) which is placed in service after the date of the enactment of this subsection, and (B) which is a smaller project, subsection (a)(2) shall be applied by substituting 30 percent 20 percent (2) Maximum credit The credit determined under this subsection with respect to any smaller project for all taxable years shall not exceed $1,500,000. (3) Smaller project defined (A) In general For purposes of this subsection, the term smaller project (i) the qualified rehabilitation expenditures taken into account for purposes of this section (or would have been so taken into account if this subsection had been in effect for all prior periods) with respect to the rehabilitation are not over $7,500,000, and (ii) no credit was allowed under this section for either of the 2 prior taxable years with respect to such building. (B) Progress expenditures Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii). . (b) Effective Date The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 3. Addition of energy efficiency supplement to rehabilitation credit (a) In general Subsection (a) of section 47 of the Internal Revenue Code of 1986 is amended by striking and , and (3) 2 percent of the qualified rehabilitation expenditures if the building is a qualified energy efficient rehabilitated building. . (b) Qualified energy efficient rehabilitated building Section 47 of such Code, as amended by section 2, is amended by adding at the end the following new subsection: (f) Qualified energy efficient rehabilitated building (1) In general The term qualified energy efficient rehabilitated building (A) the building is a qualified rehabilitated building, and (B) (i) the rehabilitation is certified (in accordance with paragraph (4)) as being designed to achieve at least a 30 percent energy use reduction in the building’s energy use, or (ii) the building meets the requirements of paragraph (2)(B)(ii) and is determined under paragraph (2)(B) to achieve at least a 30 percent energy use reduction after being rehabilitated. (2) Determination of energy use reduction For purposes of paragraph (1)— (A) Design-based standards (i) Buildings within the scope of standard 90.1–2007 If the building is within the scope of Standard 90.1–2007, the designed reduction in energy use shall be determined using methods of calculation under paragraph (3) in comparison to a reference building which meets the minimum requirements of such standard. (ii) RESNET buildings If the building is within the scope of RESNET, the designed reduction in energy use shall be determined using methods prescribed by the Secretary which are based on the Residential Energy Services Network Technical Guidelines. (iii) Other buildings If neither clause (i) or (ii) apply to the building, the designed reduction in energy use shall be determined using methods of calculation prescribed by the Secretary in a manner which is consistent with principles under paragraph (3). (B) Measured reductions (i) In general In the case of buildings which meet the requirements of clause (ii), the taxpayer may determine the reduction in energy usage by comparing the energy usage during the period selected by the taxpayer under clause (ii)(I) with the energy usage during the period selected by the taxpayer under clause (ii)(II). (ii) Building requirements A building meets the requirements of this clause if— (I) the building is at least 75 percent occupied during any period (but not less than 12 months) selected by the taxpayer which ends during the 5-year period ending on the date that the rehabilitation begins, and (II) the building is at least 75 percent occupied during the comparable period selected by the tax- payer which begins during the 5-year period beginning on the date that the rehabilitation is completed. (iii) Energy star buildings The reduction in energy use for buildings within the scope of Energy Start Portfolio Manager may be determined for purposes of this subparagraph by using the Energy Star Portfolio Manager Buildings Benchmark Tool. (iv) Special rules The Secretary shall prescribe regulations which preclude the use of this subparagraph, or modify the methods otherwise applicable under this subparagraph, in circumstance where vacancies, changes in use, and other factors which might otherwise yield in materially misleading results. (v) Year credit allowable In the case of a building which is a qualified energy efficient rehabilitated building solely by reason of this subparagraph, the increase in the credit under subsection (a)(3) with respect to such building shall be taken into account for the taxable year which includes the end of the period selected by the taxpayer under clause (ii)(II) in lieu of the taxable year in which the rehabilitated building is placed in service. (3) Methods of calculations (A) In general The Secretary, after consultation with the Secretary of Energy, shall promulgate regulations which describe in detail methods for calculating and verifying energy and power consumption and cost, based on Appendix G of Standard 90.1–2007 (or any subsequent version of such Appendix which is in effect at the time of the certification). (B) Computer software (i) In general Any calculation under subparagraph (A) shall be prepared by qualified computer software. (ii) Qualified computer software For purposes of subparagraph (A), the term qualified computer software (I) which is included (at the time of the certification) on the published list of qualified software by the Department of Energy, (II) which provides such information as the Secretary may require, including information that allows the user to document the energy efficiency features of the building and its projected annual energy costs, and (III) which provides standardized outputs for building energy performance and, to the maximum extent practicable, relies on industry best practices and existing guidelines. (4) Certifications (A) In general The Secretary shall prescribe the manner and method for the making of certifications under this subsection. (B) Procedures The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of buildings with energy-savings plans and targets. Such procedures shall be comparable, given the difference between commercial and residential buildings, to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. (C) Qualified individuals Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. For purposes of the preceding sentence, an individual shall not be qualified with respect to a building unless the individual is— (i) a registered professional engineer, (ii) not a direct employee of the owner of the commercial building or multifamily building, and (iii) licensed in the State in which such building is located. (5) Standard 90.1–2007 For purposes of this subsection, the term Standard 90.1–2007 (6) Allocation of credit for tax-exempt property Paragraphs (3) and (4) of section 50(b), and clause (v) of subsection (c)(2)(B), shall not apply to those qualified rehabilitation expenditures that are taken into account for purposes of certifying a building as a qualified energy efficient rehabilitated building under this subsection. Any rehabilitation credit which is allowable by reason of the preceding sentence may be assigned to any other person, and such other person shall be treated as the taxpayer with respect thereto. (7) Coordination The Secretary shall designate processes for tracking the numbers and locations of buildings claiming the rehabilitation by reason of this subsection, as well as providing information on projected and actual savings of energy and its value over time in coordination with the Department of Energy. (8) Regulations The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall promulgate such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations— (A) to take into account new technologies regarding energy efficiency and renewable energy for purposes of determining energy efficiency and savings under this subsection, and (B) to provide for a recapture of the credit determined under this subsection if the design referred to in paragraph (1)(B) is not fully implemented. . (c) Substantial rehabilitation requirement not To apply to energy efficiency supplement Subparagraph (A) of section 47(c)(1) of such Code (defining qualified rehabilitated building) is amended by adding at the end the following new flush sentence: Clause (i) shall not apply to so much of the rehabilitation credit as is determined under subsection (a)(3). . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Waiver of substantial rehabilitation requirement The waiver of the requirement of section 47(c)(1)(A)(i) 4. Modification to definition of qualified rehabilitation expenditure (a) In general Clause (i) of section 47(c)(2)(A) of the Internal Revenue Code of 1986 (relating to the definition of qualified rehabilitation expenditures) is amended by striking or (IV) rehabilitated building energy efficiency property, or (V) an addition or improvement to property described in subclause (I), (II), (III), or (IV), and . (b) Rehabilitated building energy efficiency property Section 47(c)(2) of such Code is amended by adding at the end the following new subparagraph: (E) Rehabilitated building energy efficiency property (i) In general For purposes of subparagraph (A), the term rehabilitated building energy efficiency property (I) affixed to, adjacent to, or integral to the provision of renewable energy to a qualified rehabilitated building, or (II) installed as part of a plan designed to achieve any energy use reduction (within the meaning of subsection (f)). Subparagraph (B)(i) shall not apply to rehabilitated building energy efficiency property. (ii) Certification The Secretary shall prescribe the manner and method for the making of certifications under clause (i). . (c) Enlargements Clause (iii) of section 47(c)(2)(B) of such Code is amended by adding at the end the following new sentence: The preceding sentence shall not apply to any rehabilitated building energy efficiency property which is an addition or improvement to a building. (d) Effective date The amendments made by this section shall apply to qualified rehabilitated buildings placed in service after the date of the enactment of this Act. 5. Coordination of energy credit with rehabilitation credit (a) In general Paragraph (2) of section 48(a) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B). (b) Conforming amendments Paragraph (2) of section 48(a) of such Code is amended— (1) by redesignating subparagraph (A)(ii) as subparagraph (B) and moving such subparagraph 2 ems to the left, (2) by redesignating subclauses (I) through (IV) of subparagraph (A)(i) as clauses (i) through (iv), respectively, and by moving such clauses 2 ems to the left, and (3) by striking so much of such paragraph as precedes 30 percent in the case of— (2) Energy percentage The energy percentage is— (A) 30 percent in the case of— . (c) Basis reduction Paragraph (3) of section 50(c) of such Code is amended by adding at the end the following new flush sentence: In the case of property that qualifies for both the energy credit and the rehabilitation credit, the preceding sentence shall be applied by substituting none only 50 percent (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 6. Date by which building must be first placed in service (a) In General Subparagraph (B) of section 47(c)(1) of the Internal Revenue Code of 1986 (relating to the date by which building must be first placed in service) is amended— (1) by striking Building must be first placed in service before 1936 Date by which building must first be placed in service (2) by striking before 1936 no less than 50 years prior to the year in which qualified rehabilitation expenditures are taken into account under subsection (b)(1) (b) Effective Date The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. 7. Modifications regarding certain tax-exempt use property (a) In General Clause (I) of section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by inserting and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply thereof (b) Effective Date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 8. Special rules for dispositions of State historic tax credits (a) In general Part III of subchapter B of chapter 1 139E. Dispositions of State historic tax credits (a) Exclusion from income; basis reduction (1) In general In the case of a taxpayer who receives a State historic tax credit and transfers such credit by sale, allocation, or otherwise, or receives a refund of all or a portion of such credit— (A) no portion of the net proceeds of such allocation, disposition, or refund of such credit shall constitute income to such taxpayer under section 61(a), and (B) the taxpayer's basis in the property with respect to which the State historic tax credit is allowed shall be reduced as determined under paragraph (2). (2) Determination of reduction in basis The reduction in basis under paragraph (1) shall be applied— (A) first, against the basis in the land, (B) second, against so much of the basis of any building or interest therein as was not treated as a qualified rehabilitation expenditure by reason of clause (ii) or (iii) of section 47(c)(2)(B), and (C) third, against the remaining basis in the property. (D) Adjustment in basis of interest in partnership or s corporation The adjusted basis of— (i) a partner’s interest in a partnership, or (ii) stock in an S corporation (as defined in section 1361(a)(1)), shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (if any). (b) Election To include in income (1) In general In the case of a taxpayer elects to have this subsection apply— (A) the net proceeds of the allocation, disposition, or refund described in subsection (a) received by such taxpayer shall constitute income to such taxpayer under section 61(a), and (B) subsection (a)(1)(B) shall not apply. (2) Making of election An election under this subsection shall be made at such time and in such manner as the Secretary of the Treasury may by regulation prescribe. Such election shall apply for the taxable year for which it is made and for all subsequent taxable years and may be revoked only with the consent of the Secretary of the Treasury. (c) Effect on qualified rehabilitation expenditures and rehabilitation credits For purposes of determining the rehabilitation credit allowable to a taxpayer under section 47, the transfer or allocation of State historic tax credits with respect to any property by a taxpayer shall not affect or reduce the amount of qualified rehabilitation expenditures (as defined in section 47(c)(2)) incurred in connection with such property, nor shall such transfer or disposition, nor any basis adjustments under subsection (a), be treated as an early disposition of investment credit property for purposes of the recapture provisions of section 50. (d) State historic tax credits defined For purposes of this section, the term State historic tax credit (1) is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to expenditures made for the rehabilitation of property identified by such laws, and (2) can be allocated, disposed, or refunded under such laws. . (b) Clerical amendment The table of sections for such part III is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Dispositions of State historic tax credits. (c) Effective Date This section shall apply to transfers or dispositions made, or refunds received, after the date of the enactment of this Act. | Creating American Prosperity through Preservation Act of 2013 |
Pay Your Bills or Lose Your Pay Act of 2013 - Requires the appropriate payroll administrator of each house of Congress to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that house during a specified period beginning when the federal government is unable to make payments or meet obligations because the public debt has been reached. Requires release of such payments to those Members only upon the earlier of: (1) the date on which both chambers present a bill to the President to increase the public debt, or (2) the last day of the 113th Congress. | 113 S1142 IS: Pay Your Bills or Lose Your Pay Act of 2013 U.S. Senate 2013-06-12 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. 1142 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mrs. Boxer Committee on Homeland Security and Governmental Affairs A BILL To prohibit Members of Congress from receiving pay when the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. 1. Short title This Act may be cited as the Pay Your Bills or Lose Your Pay Act of 2013 2. Findings Congress finds the following: (1) It is an American value to meet all obligations. (2) A AAA credit rating is essential to the economic standing of the United States in the world. (3) The statutory debt limit was increased— (A) 18 times during the presidency of Ronald Reagan; (B) 5 times during the presidency of George H. W. Bush; (C) 6 times during the presidency of William J. Clinton; and (D) 7 times during the presidency of George W. Bush. (4) Section 4 of the 14th Amendment of the United States Constitution states the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned (5) The statutory debt limit is increased by Congress to pay financial obligations authorized by Congress. (6) The ratings agency Moody’s has called for the public debt limit to be eliminated. (7) The United States is one of the few nations in the world with a public debt limit. (8) The annual budget resolution, voted on by members of the Senate and House of Representatives, specifies the appropriate level of the public debt for each fiscal year covered by the resolution. (9) At times the statutory debt limit must be increased to honor financial obligations authorized and appropriated by Congress and the President of the United States. (10) The credit rating agency Standard and Poor’s downgraded the credit rating of the United States for the first time in its history on August 5, 2011, citing political brinksmanship (11) In July 2012, the Government Accountability Office estimated that the 2011 debt limit standoff cost taxpayers $1,300,000,000 in fiscal year 2011, and the Government Accountability Office further noted that Congress should consider ways to … avoid potential disruptions to the Treasury market and to help inform the fiscal policy debate in a timely way. (12) In January 2013, the Bipartisan Policy Center estimated that the 10-year cost to taxpayers of the 2011 debt limit standoff is $18,900,000,000. 3. Holding salaries of Members of Congress in escrow upon failure to meet debt obligations (a) Holding salaries in escrow (1) In general If the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 (2) Period described The period described in this paragraph is the period beginning on the date on which the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached, and ending on the earlier of— (A) the date on which the House of Representatives and the Senate present a bill to the President under article I, section 7 of the Constitution of the United States, to increase the public debt limit under section 3101 (B) the last day of the One Hundred Thirteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator of each House of Congress shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of congress In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the 27th Amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (5) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of delegates as members In this section, the term Member (c) Payroll Administrator defined In this section, the payroll administrator (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. | Pay Your Bills or Lose Your Pay Act of 2013 |
Protecting Access to Rural Therapy Services (PARTS) Act - Amends title XVIII (Medicare) of the Social Security Act to state that, except with respect to high-risk or complex medical services requiring direct levels of supervision, if the Secretary of Health and Human Services (HHS) requires supervision by a physician or non-physician practitioner for Medicare payment for therapeutic hospital outpatient services, that requirement is met if such services are furnished under the physician's or non-physician practitioner's general supervision. Directs the Secretary of HHS to establish a process for designating therapeutic hospital outpatient services for which direct supervision may be required for the entire service or direct supervision during the initiation of the service followed by general supervision for the remainder of the service. Declares without force or effect in law regarding Medicare requirements for direct supervision by physicians for therapeutic hospital outpatient services a specified restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates, which was published in the Federal Register on November 18, 2008. | 113 S1143 IS: Protecting Access to Rural Therapy Services (PARTS) Act U.S. Senate 2013-06-12 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. 1143 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Moran Mr. Thune Mr. Tester Committee on Finance A BILL To amend title XVIII of the Social Security Act with respect to physician supervision of therapeutic hospital outpatient services. 1. Short title This Act may be cited as the Protecting Access to Rural Therapy Services (PARTS) Act 2. Requirements for physician supervision of therapeutic hospital outpatient services (a) Therapeutic hospital outpatient services (1) Supervision requirements Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: (z) Physician supervision requirements for therapeutic hospital outpatient services (1) General supervision for therapeutic services Except as may be provided under paragraph (2), insofar as the Secretary requires the supervision by a physician or a non-physician practitioner for payment for therapeutic hospital outpatient services (as defined in paragraph (5)(A)) furnished under this part, such requirement shall be met if such services are furnished under the general supervision (as defined in paragraph (5)(B)) of the physician or non-physician practitioner, as the case may be. (2) Exceptions process for high-risk or complex medical services requiring a direct level of supervision (A) In general Subject to the succeeding provisions of this paragraph, the Secretary shall establish a process for the designation of therapeutic hospital outpatient services furnished under this part that, by reason of complexity or high risk, require— (i) direct supervision (as defined in paragraph (5)(C)) for the entire service; or (ii) direct supervision during the initiation of the service followed by general supervision for the remainder of the service. (B) Consultation with clinical experts (i) In general Under the process established under subparagraph (A), before the designation of any therapeutic hospital outpatient service for which direct supervision may be required under this part, the Secretary shall consult with a panel of outside experts described in clause (ii) to advise the Secretary with respect to each such designation. (ii) Advisory panel on supervision of therapeutic hospital outpatient services For purposes of clause (i), a panel of outside experts described in this clause is a panel appointed by the Secretary, based on nominations submitted by hospital, rural health, and medical organizations representing physicians, non-physician practitioners, and hospital administrators, as the case may be, that meets the following requirements: (I) Composition The panel shall be composed of at least 15 physicians and non-physician practitioners who furnish therapeutic hospital outpatient services for which payment is made under this part and who collectively represent the medical specialties that furnish such services, and of 4 hospital administrators of hospitals located in rural areas (as defined in section 1886(d)(2)(D)) or critical access hospitals. (II) Practical experience required for physicians and non-physician practitioners During the 12-month period preceding appointment to the panel by the Secretary, each physician or non-physician practitioner described in subclause (I) shall have furnished therapeutic hospital outpatient services for which payment was made under this part. (III) Minimum rural representation requirement for physicians and non-physician practitioners Not less than 50 percent of the membership of the panel that is comprised of physicians and non-physician practitioners shall be physicians or non-physician practitioners described in subclause (I) who practice in rural areas (as defined in section 1886(d)(2)(D)) or who furnish such services in critical access hospitals. (iii) Application of FACA The Federal Advisory Committee Act (5 U.S.C. 2 App.), other than section 14 of such Act, shall apply to the panel of outside experts appointed by the Secretary under clause (ii). (C) Special rule for outpatient critical access hospital services Insofar as a therapeutic outpatient hospital service that is an outpatient critical access hospital service is designated as requiring direct supervision under the process established under subparagraph (A), the Secretary shall deem the critical access hospital furnishing that service as having met the requirement for direct supervision for that service if, when furnishing such service, the critical access hospital meets the standard for personnel required as a condition of participation under section 485.618(d) (D) Consideration of compliance burdens Under the process established under subparagraph (A), the Secretary shall take into account the impact on hospitals and critical access hospitals in complying with requirements for direct supervision in the furnishing of therapeutic hospital outpatient services, including hospital resources, availability of hospital-privileged physicians, specialty physicians, and non-physician practitioners, and administrative burdens. (E) Requirement for notice and comment rulemaking Under the process established under subparagraph (A), the Secretary shall only designate therapeutic hospital outpatient services requiring direct supervision under this part through proposed and final rulemaking that provides for public notice and opportunity for comment. (F) Rule of construction Nothing in this subsection shall be construed as authorizing the Secretary to apply or require any level of supervision other than general or direct supervision with respect to the furnishing of therapeutic hospital outpatient services. (3) Initial list of designated services The Secretary shall include in the proposed and final regulation for payment for hospital outpatient services for 2015 under this part a list of initial therapeutic hospital outpatient services, if any, designated under the process established under paragraph (2)(A) as requiring direct supervision under this part. (4) Direct supervision by non-physician practitioners for certain hospital outpatient services permitted (A) In general Subject to the succeeding provisions of this subsection, a non-physician practitioner may directly supervise the furnishing of— (i) therapeutic hospital outpatient services under this part, including cardiac rehabilitation services (under section 1861(eee)(1)), intensive cardiac rehabilitation services (under section 1861(eee)(4)), and pulmonary rehabilitation services (under section 1861(fff)(1)); and (ii) those hospital outpatient diagnostic services (described in section 1861(s)(2)(C)) that require direct supervision under the fee schedule established under section 1848. (B) Requirements Subparagraph (A) shall apply insofar as the non-physician practitioner involved meets the following requirements: (i) Scope of practice The non-physician practitioner is acting within the scope of practice under State law applicable to the practitioner. (ii) Additional requirements The non-physician practitioner meets such requirements as the Secretary may specify. (5) Definitions In this subsection: (A) Therapeutic hospital outpatient services The term therapeutic hospital outpatient services (i) cardiac rehabilitation services and intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of section 1861(eee)); and (ii) pulmonary rehabilitation services (as defined in section 1861(fff)(1)). (B) General supervision (i) Overall direction and control of physician Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term general supervision (ii) Presence not required For purposes of clause (i), the presence of a physician or non-physician practitioner is not required during the performance of the procedure involved. (C) Direct supervision (i) Provision of assistance and direction Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term direct supervision (ii) Presence in room not required For purposes of clause (i), a physician or non-physician practitioner, as the case may be, is not required to be present in the room during the performance of the procedure involved or within any other physical boundary as long as the physician or non-physician practitioner, as the case may be, is immediately available. (D) Non-physician practitioner defined The term non-physician practitioner (i) is a physician assistant, a nurse practitioner, a clinical nurse specialist, a clinical social worker, a clinical psychologist, a certified nurse midwife, or a certified registered nurse anesthetist, and includes such other practitioners as the Secretary may specify; and (ii) with respect to the furnishing of therapeutic outpatient hospital services, meets the requirements of paragraph (4)(B). . (2) Conforming amendment Section 1861(eee)(2)(B) of the Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by inserting , and a non-physician practitioner (as defined in section 1833(z)(5)(D)) may supervise the furnishing of such items and services in the hospital in the case of items and services furnished under such a program in a hospital, such availability shall be presumed (b) Prohibition on retroactive enforcement of revised interpretation (1) Repeal of regulatory clarification The restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates (published in the Federal Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to requirements for direct supervision by physicians for therapeutic hospital outpatient services (as defined in paragraph (3)) for purposes of payment for such services under the Medicare program shall have no force or effect in law. (2) Hold harmless A hospital or critical access hospital that furnishes therapeutic hospital outpatient services during the period beginning on January 1, 2001, and ending on the later of December 31, 2014, or the date on which the final regulation promulgated by the Secretary of Health and Human Services to carry out this Act takes effect, for which a claim for payment is made under part B of title XVIII of the Social Security Act shall not be subject to any civil or criminal action or penalty under Federal law for failure to meet supervision requirements under the regulation described in paragraph (1), under program manuals, or otherwise. (3) Therapeutic hospital outpatient services defined In this subsection, the term therapeutic hospital outpatient services (A) hospital services described in subsection (s)(2)(B) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x (B) cardiac rehabilitation services or intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of subsection (eee) of such section); or (C) pulmonary rehabilitation services (as defined in subsection (fff)(1) of such section). | Protecting Access to Rural Therapy Services (PARTS) Act |
Fair Telephone Billing Act of 2013 - Amends the Communications Act of 1934 to prohibit local exchange carriers or providers of interconnected VoIP (Voice over Internet Protocol) service from placing, or causing to be placed, a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless: (1) the third-party charge is from a contracted third-party vendor and for a product or service that the carrier or provider markets or sells jointly with its own service, (2) the customer provided affirmative consent for the charge, (3) the customer was provided with a disclosure of material terms and conditions prior to such consent, and (4) the charge is implemented with reasonable procedures to ensure that the customer has requested the product or service. Defines: (1) a "third-party charge" as a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service, and (2) a "contracted third-party vendor" as a person with a contractual right to receive billing and collection services from such a carrier or provider for a product or service the person provides directly to a customer. Subjects violators to civil forfeiture and specified penalties and refund requirements. Directs the Federal Communications Commission (FCC) to promulgate rules to: (1) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge, (2) ensure that consumers are fully aware of the charges to which they are consenting, and (3) impose recordkeeping requirements on such carriers and providers related to any grants of affirmative consent by consumers. | 113 S1144 IS: Fair Telephone Billing Act of 2013 U.S. Senate 2013-06-12 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. 1144 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Rockefeller Ms. Klobuchar Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To prohibit unauthorized third-party charges on wireline telephone bills, and for other purposes. 1. Short title This Act may be cited as the Fair Telephone Billing Act of 2013 2. Findings Congress makes the following findings: (1) For years, telephone users have complained that their wireline telephone bills included unauthorized third-party charges. (2) This problem, commonly referred to as cramming (3) Since the 1990s, the Federal Communications Commission, the Federal Trade Commission, and State attorneys general have brought multiple enforcement actions against dozens of individuals and companies for engaging in cramming. (4) An investigation by the Committee on Commerce, Science, and Transportation of the Senate confirmed that cramming is a problem of massive proportions and has affected millions of telephone users, costing them billions of dollars in unauthorized third-party charges over the past decade. (5) The Committee showed that third-party billing through wireline telephone numbers has largely failed to become a reliable method of payment that consumers and businesses can use to conduct legitimate commerce. (6) Telephone companies regularly placed third-party charges on their customers’ telephone bills without their customers’ authorization. (7) Many companies engaged in third-party billing were illegitimate and created solely to exploit the weaknesses in the third-party billing platforms established by telephone companies. (8) In the last decade, millions of business and residential consumers have transitioned from wireline telephone service to interconnected VoIP service. (9) Users of interconnected VoIP service often use the service as the primary telephone line for their residences and businesses. (10) Millions more business and residential consumers are expected to migrate to interconnected VoIP service in the coming years as the evolution of the nation’s traditional voice communications networks to IP-based networks continues. (11) Users of interconnected VoIP service that have telephone numbers through the service should be protected from the same vulnerabilities that affected third-party billing through wireline telephone numbers. 3. Unauthorized third-party charges (a) In general Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended— (1) by amending the heading to read as follows: Sec. 258. Preventing illegal changes in subscriber carrier selections and unauthorized third-party charges. (2) by adding at the end the following: (c) Prohibition (1) In general No local exchange carrier or provider of interconnected VoIP service shall place or cause to be placed a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless— (A) the third-party charge is from a contracted third-party vendor; (B) the third-party charge is for a product or service that a local exchange carrier or provider of interconnected VoIP service jointly markets or jointly sells with its own service; (C) the customer was provided with clear and conspicuous disclosure of all material terms and conditions prior to consenting under subparagraph (D); (D) the customer provided affirmative consent for the placement of the third-party charge on the bill; and (E) the local exchange carrier or provider of interconnected VoIP service has implemented reasonable procedures to ensure that the third-party charge is for a product or service requested by the customer. (2) Forfeiture and refund (A) In general Any person who commits a violation of paragraph (1) shall be subject to a civil forfeiture, which shall be determined in accordance with section 503 of title V of this Act, except that the amount of the penalty shall be double the otherwise applicable amount of the penalty under that section. (B) Refund Any local exchange carrier or provider of interconnected VoIP service that commits a violation of paragraph (1) shall be liable to the customer in an amount equal to all charges paid by that customer related to the violation of paragraph (1), in accordance with such procedures as the Commission may prescribe. (3) Additional remedies The remedies under this subsection are in addition to any other remedies provided by law. (4) Definitions In this subsection: (A) Affirmative consent The term affirmative consent (B) Contracted third-party vendor The term contracted third-party vendor (C) Third-party charge The term third-party charge . (b) Rulemaking (1) In general Not later than 90 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Federal Trade Commission, shall prescribe any rules necessary to implement the provisions of this section. (2) Minimum contents At a minimum, the regulations promulgated by the Federal Communications Commission under this subsection shall— (A) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge; (B) include adequate protections to ensure that consumers are fully aware of the charges to which they are consenting; and (C) impose recordkeeping requirements on local exchange carriers and providers of interconnected VoIP service related to any grants of affirmative consent by consumers. (c) Effective date The Federal Communications Commission shall prescribe that any rule adopted under subsection (b) shall become effective for a local exchange carrier or provider of interconnected VoIP service not later than the date that the carrier's or provider's contractual obligation to permit another person to charge a customer for a good or service on a bill rendered by the carrier or provider expires, or 180 days after the date of enactment of this Act, whichever is earlier. 4. Relationship to other laws (a) No preemption of State laws Nothing in this Act shall be construed to preempt any State law, except that no State law may relieve any person of a requirement otherwise applicable under this Act. (b) Preservation of FTC authority Nothing in this Act shall be construed as modifying, limiting, or otherwise affecting the applicability of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. 5. Severability If any provision of this Act or the application of that provision to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to any other person or circumstance shall not be affected thereby. | Fair Telephone Billing Act of 2013 |
Lifetime Income Disclosure Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the quarterly pension benefit statement furnished to a participant or beneficiary with the right to direct the investment of assets in his or her account under an individual account plan to include a lifetime income disclosure at least once during any 12-month period. Requires such lifetime income disclosure to set forth the lifetime income stream equivalent of the participant's or beneficiary's total benefits accrued. Defines a lifetime income stream equivalent of the total benefits accrued as the monthly annuity payment the participant or beneficiary would receive if those total accrued benefits were used to provide lifetime income streams to a qualified joint and survivor annuitant. Directs the Secretary of Labor to: (1) issue a model lifetime income disclosure, written in a manner which can be understood by the average plan participant; and (2) prescribe assumptions that plan administrators may use in converting total accrued benefits into lifetime income stream equivalents. Declares that no plan fiduciary, plan sponsor, or other person shall have any liability under ERISA solely by reason of the provision of lifetime income stream equivalents derived in accordance with such assumptions and related rules and including explanations contained in the model lifetime income disclosure. | 113 S1145 IS: Lifetime Income Disclosure Act U.S. Senate 2013-06-12 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. 1145 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Isakson Mr. Murphy Ms. Warren Mr. Scott Mr. Nelson Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to require a lifetime income disclosure. 1. Short title This Act may be cited as the Lifetime Income Disclosure Act 2. Disclosure regarding lifetime income (a) In general Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a)(2) (1) in clause (i), by striking and (2) in clause (ii), by striking diversification. diversification, and (3) by inserting at the end the following: (iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall only be required to be included in one pension benefit statement during any one 12-month period. . (b) Lifetime income Paragraph (2) of section 105(a) of such Act (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph: (D) Lifetime income disclosure (i) In general (I) Disclosure A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. (II) Lifetime income stream equivalent of the total benefits accrued For purposes of this subparagraph, the term lifetime income stream equivalent of the total benefits accrued (III) Lifetime income streams The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. (ii) Model disclosure Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act (I) explains that the lifetime income stream equivalent is only provided as an illustration; (II) explains that the actual payments under the lifetime income stream described in clause (i)(III) that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; (III) explains the assumptions upon which the lifetime income stream equivalent was determined; and (IV) provides such other similar explanations as the Secretary considers appropriate. (iii) Assumptions and rules Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act (I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph; and (II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. (iv) Limitation on liability No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). (v) Effective date The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of— (I) interim final rules under clause (i); (II) the model disclosure under clause (ii); or (III) the assumptions under clause (iii). . | Lifetime Income Disclosure Act |
State Ethics Law Protection Act of 2013 - Considers a state transportation department not to have violated federal contract requirements for the construction of a federal-aid highway project solely because the state in which the department is located, or a local government within that state, has in effect a law or order that limits the amount of money an individual or entity doing business with a state or local agency with respect to such a project may contribute to a political party, campaign, or elected official (pay to play). | 113 S1146 IS: State Ethics Law Protection Act of 2013 U.S. Senate 2013-06-12 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. 1146 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Kirk Mr. Menendez Mr. Durbin Committee on Environment and Public Works A BILL To amend title 23, United States Code, to protect States that have in effect laws or orders with respect to pay-to-play reform, and for other purposes. 1. Short title This Act may be cited as the State Ethics Law Protection Act of 2013 2. Pay-to-play reform Section 112 of title 23, United States Code, is amended by adding at the end the following: (h) Pay-to-Play reform A State transportation department shall not be considered to have violated a requirement of this section solely because the State in which that State transportation department is located, or a local government within that State, has in effect a law or an order that limits the amount of money an individual or entity that is doing business with a State or local agency with respect to a Federal-aid highway project may contribute to a political party, campaign, candidate, or elected official. . | State Ethics Law Protection Act of 2013 |
Due Process and Military Detention Amendments Act of 2013 - Amends the National Defense Authorization Act for Fiscal Year 2012 (such Act) to provide that, in the case of a person detained in the United States pursuant to the Authorization for Use of Military Force or such Act, disposition under the law of war shall occur immediately upon custody and shall only mean transfer for trial and proceedings with all due process rights as provided under the Constitution. Prohibits any person detained, captured, or arrested in the United States or a U.S. territory or possession from being transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force or such Act. Repeals the requirement of detention in military custody pending disposition under the law of war for an individual determined to be a member or part of al Qaeda or an associated force who has participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. | 113 S1147 IS: Due Process and Military Detention Amendments Act of 2013 U.S. Senate 2013-06-12 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. 1147 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Udall of Colorado Committee on Armed Services A BILL To clarify the disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force, and for other purposes. 1. Short title This Act may be cited as the Due Process and Military Detention Amendments Act of 2013 2. Disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 801 (1) in subsection (c), by striking The disposition Except as provided in subsection (g), the disposition (2) by adding at the end the following new subsections: (g) Disposition of covered persons detained in the United States (1) Persons detained pursuant to this Act or the Authorization for Use of Military Force In the case of a covered person who is detained in the United States pursuant to this Act or the Authorization for Use of Military Force, disposition under the law of war shall occur immediately upon the person coming into custody of the United States Government and shall only mean the immediate transfer of the person for trial and proceedings with all the due process rights as provided for under the Constitution of the United States. (2) Prohibition on transfer to military custody No person detained, captured, or arrested in the United States, or a territory or possession of the United States, may be transferred to the custody of the Armed Forces for detention under this Act or the Authorization for Use of Military Force. (h) Rule of construction This section shall not be construed to authorize the detention of a person within the United States, or a territory or possession of the United States, under this Act or the Authorization for Use of Military Force. . 3. Repeal of requirement for military custody (a) Repeal Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1563; 10 U.S.C. 801 (b) Conforming amendment Section 1029(b) of such Act (125 Stat. 1570) is amended by striking applies to any other person applies to any person | Due Process and Military Detention Amendments Act of 2013 |
Veterans Benefits Claims Faster Filing Act - Directs the Secretary of Veterans Affairs (VA) to post in a conspicuous place in each VA regional office and claims intake facility and on the VA website information on: (1) the average processing time for fully developed and not fully developed VA benefits claims submitted in specified forms, and (2) the percentage of such claims filed by specified methods for which benefits are awarded. Requires the Secretary to notify each person submitting a claim for a VA benefit of such information and of the person's eligibility to receive up to an extra year of benefit payments if the person files a claim that is fully developed. Requires the notice information to be updated at least quarterly. | 113 S1148 IS: Veterans Benefits Claims Faster Filing Act U.S. Senate 2013-06-12 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. 1148 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Heinrich Mr. Heller Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide notice of average times for processing claims, and for other purposes. 1. Short title This Act may be cited as the Veterans Benefits Claims Faster Filing Act 2. Department of Veterans Affairs notice of average times for processing claims (a) Public notice The Secretary of Veterans Affairs shall post the information described in subsection (c)— (1) in a conspicuous place in each regional office and claims intake facility of the Department of Veterans Affairs; and (2) on the Internet website of the Department. (b) Notice to applicants The Secretary shall provide to each person who submits a claim for a benefit under a law administered by the Secretary before the person submits such claim— (1) notice of the information described in subsection (c); and (2) notice that the person is eligible to receive up to an extra year of benefits payments if the person files a claim that is fully developed. (c) Information described (1) In general The information described in this subsection is the following: (A) The average processing time of the claims described in paragraph (2). (B) The percentage of each of the following types of submitted claims for benefits under the laws administered by the Secretary of Veterans Affairs for which benefits are awarded: (i) Claims filed by veterans who authorized a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (ii) Claims filed by veterans who authorized a person other than a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (iii) Claims filed by veterans who did not authorize a person to act on the veterans’ behalf under a durable power of attorney. (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim that is submitted in standard electronic form. (B) A fully developed claim that is submitted in standard paper form. (C) A claim that is not fully developed that is submitted in standard electronic form. (D) A claim that is not fully developed that is submitted in standard paper form. (E) A claim that is not fully developed that is submitted in non-standard paper form. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. | Veterans Benefits Claims Faster Filing Act |
Undetectable Firearms Modernization Act - Amends the Undetectable Firearms Act of 1988 to: (1) delay the repeal date of such Act for 10 years, and (2) extend the prohibitions against undetectable firearms in such Act to specified firearm receivers and ammunition magazines. Prohibits the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of any receiver for a rifle or handgun, or of any ammunition magazine, that: (1) is manufactured by a person who is not a licensed manufacturer, (2) is not as detectable as the Receiver Security Exemplar or the Magazine Security Exemplar by walk-through metal detectors, or (3) does not generate an image that accurately depicts the shape of a receiver or an ammunition magazine when subjected to inspection by airport x-ray machines. Defines "Receiver Security Exemplar" and "Magazine Security Exemplar" as objects fabricated at the direction of the Attorney General that are: (1) constructed, respectively, of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling the lower receiver for a rifle or handgun, or of 1 ounce of material type 17-4 PH stainless steel in a shape resembling an ammunition magazine; and (2) suitable for testing and calibrating metal detectors. Directs the Attorney General to promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers or magazines that were previously prohibited but that become as detectable as their respective Exemplars in view of advances in weapons detection technology. | 113 S1149 IS: Undetectable Firearms Modernization Act U.S. Senate 2013-06-12 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. 1149 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Nelson Mr. Schumer Committee on the Judiciary A BILL To reauthorize the ban on undetectable firearms, and to extend the ban to undetectable firearm receivers and undetectable ammunition magazines. 1. Short title This Act may be cited as the Undetectable Firearms Modernization Act 2. Findings The Congress finds that— (1) according to data from the Federal Bureau of Investigation, 8,583 of the 12,664 murders in the United States in 2011 were committed using a firearm, and more than 57 percent of the murders that occurred in New York State were perpetrated with a firearm; (2) the ability to produce a receiver for a firearm in the home would circumvent a number of laws, because the receiver is the component of the firearm that bears its serial number, as required by regulations; (3) digital manufacturing technologies, including but not limited to computer numerical control mills ( CNC mills 3D printers (4) some commercially available products that utilize digital manufacturing technologies to manufacture objects are able to manufacture these objects using materials that are unable to be detected by traditional metal detectors, and may not present an accurate image on an x-ray. 3. Reauthorization of ban on undetectable firearms Section 2(f)(2) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 25 35 4. Ban extended to undetectable firearm receivers made by individuals Section 922(p) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking It shall be unlawful It shall be unlawful— (B) by striking subparagraphs (A) and (B) and inserting the following: (A) for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm— (i) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (ii) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component, except that barium sulfate or other compounds may be used in the fabrication of the component; and (B) for any person— (i) to import, sell, ship, deliver, possess, transfer, or receive any receiver for a rifle, or receiver for a handgun, manufactured by a person who is not a licensed manufacturer— (I) that is not as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, by walk-through metal detectors calibrated and operated to detect that Receiver Security Exemplar; or (II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the receiver, except that barium sulfate or other compounds may be used in the fabrication of the receiver; or (ii) who is not a licensed manufacturer to manufacture any receiver for a rifle, or receiver for a handgun, described in subclause (I) or (II) of clause (i). ; (2) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (C) and inserting ; and (C) by adding at the end the following: (D) the term Receiver Security Exemplar (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be; and (ii) suitable for testing and calibrating metal detectors: Provided however Receiver Security Exemplar ; (3) in paragraph (3)— (A) by inserting or receiver firearm (B) by inserting or receivers firearms (4) in each of paragraphs (4) and (5), by inserting or receiver firearm (5) in paragraph (6)— (A) by striking with respect to any firearm (A) any firearm ; (B) by striking the period and inserting ; or (C) by adding at the end the following: (B) any receiver manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Modernization Act . 5. Ban extended to undetectable ammunition magazines made by individuals Section 922(p) (1) in paragraph (1)— (A) by striking and (B) by striking the period at the end of subparagraph (B)(ii) and inserting ; and (C) by adding at the end the following: (C) for any person— (i) to import, sell, ship, deliver, possess, transfer, or receive any ammunition magazine, manufactured by a person who is not a licensed manufacturer— (I) that, after removal of the spring and follower, is not as detectable as the Magazine Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Magazine Security Exemplar; or (II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the magazine; or (ii) who is not a licensed manufacturer to manufacture any ammunition magazine described in subclause (I) or (II) of clause (i). ; (2) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (D) and inserting ; and (C) by adding at the end the following: (E) the term Magazine Security Exemplar (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 1 ounce of material type 17–4 PH stainless steel in a shape resembling an ammunition magazine; and (ii) suitable for testing and calibrating metal detectors: Provided however Magazine Security Exemplar ; (3) in paragraph (3)— (A) by striking firearm or receiver firearm, receiver, or ammunition magazine (B) by striking firearms or receivers firearms, receivers, or ammunition magazines (4) in each of paragraphs (4) and (5), by striking firearm or receiver firearm, receiver, or ammunition magazine (5) in paragraph (6)(B), by inserting or ammunition magazine receiver | Undetectable Firearms Modernization Act |
Small Business Job Creation Act - Amends the Internal Revenue Code to allow an employer a credit against payroll tax liability equal to 10% of the increase of such employer's payroll in a calendar quarter over a corresponding quarter in the previous calendar year. Limits the total credit amount available for all quarters to $500,000. Denies such credit to any employer with 100 or more employees unless such employer shows an increase in payroll exceeding 3% in a calendar quarter. Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of this Act, and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to the payroll tax credit allowed by this Act. | 113 S115 IS: Small Business Job Creation 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 113th CONGRESS 1st Session S. 115 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Casey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit for increasing payroll. 1. Short title This Act may be cited as the Small Business Job Creation Act 2. Employer payroll increase credit (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Employer payroll increase credits (a) In general Each qualified employer shall be treated as having made a payment against the tax imposed by section 3111(a) or section 3221(a), whichever is applicable, for each qualified quarter in an amount equal to the credit amount. (b) Credit amount For purposes of this section, the credit amount with respect to any qualified quarter is equal to 10 percent of the qualified payroll increase of such employer for such qualified quarter. (c) Dollar limitation The total credit amount with respect to any employer shall not exceed $500,000 for all qualified quarters. (d) Qualified employer For purposes of this section, the term qualified employer (e) Qualified payroll increase For purposes of this section— (1) In general The term qualified payroll increase (2) Qualified payroll The term qualified payroll (3) Railway labor In the case of remuneration subject to the tax imposed by section 3221(a), paragraph (1) shall be applied by substituting all compensation (within the meaning of section 3231(e)) all wages (within the meaning of section 3121(a)) (4) Special rule for large employers In the case of an employer that employs 100 or more employees during the qualified quarter, no qualified payroll increase shall be taken into account for such qualified quarter unless the qualified payroll increase with respect to such qualified quarter exceeds 3 percent of the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. (f) Qualified quarter For purposes of this section, the term qualified quarter (1) the calendar quarter which includes the date of the enactment of the Small Business Job Creation Act (2) each of the 3 calendar quarters following such quarter. (g) Definitions Except as provided in subsection (h)(1), any term used in this section which is also used in section 3111 has the same meaning as when used in such section. (h) Special rules For purposes of this section— (1) Employee The term employee (2) Maintenance of base employment requirement This section shall not apply to any qualified employer for any qualified quarter if the total number of employees of such employer during such quarter is less than the total number of such employees during the quarter preceding such quarter, determined by not taking into account any employee who is a seasonal employee during such preceding quarter. (3) Controlled groups All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of the dollar limitation under subsection (c), except that any employer which is not an American employer shall not be taken into account. (4) New employers (A) In general In the case of a qualified employer which comes into existence after the date of the enactment of the Small Business Job Creation Act (i) the term qualified quarter (I) the first calendar quarter for which such qualified employer is in existence, and (II) each of the 3 quarters following such quarter, (ii) the qualified payroll increase of such employer for the quarter described in clause (i)(I) shall be equal to the amount of the employer's qualified payroll for such quarter, and (iii) the qualified payroll increase of such employer for any quarter described in clause (i)(II) shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. (B) Transition rule (i) In general In the case of a qualified employer which comes into existence— (I) after the last day of the calendar quarter which is 5 calendar quarters before the date of the enactment of the Small Business Job Creation Act (II) before such date of enactment, the qualified payroll increase of such employer for any transition quarter shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. (ii) Transition quarter For purposes of clause (i), the term transition quarter . (b) Clerical amendment The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Employer payroll increase credits. . (c) Notification Not later than 30 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall notify all employers required to withhold employment taxes under chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment and applicability of section 6433 of the Internal Revenue Code of 1986, as added by this Act. (d) Investigation and report on enforcement actions Not later than 6 months after the date of the enactment of this Act, and quarterly thereafter, the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the enforcement measures taken to prevent and penalize fraud related to section 6433 (1) general statistics related to the application of such section, (2) cases of fraud, and (3) the status of investigatory and prosecutorial actions related to such cases. (e) Effective date The amendments made by subsections (a) and (b) shall apply to calendar quarters beginning with the calendar quarter which includes the date of the enactment of this Act. | Small Business Job Creation Act |
Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States. | 113 S1150 IS: Congressional Tribute to Constance Baker Motley Act of 2013 U.S. Senate 2013-06-12 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. 1150 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Blumenthal Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award a congressional gold medal to Constance Baker Motley. 1. Short title This Act may be cited as the Congressional Tribute to Constance Baker Motley Act of 2013 2. Findings Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the LDF (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one, including the case brought on behalf of James Meredith challenging the refusal of the University of Mississippi to admit him. (6) Constance Baker Motley’s only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her husband Joel Wilson Motley, Jr., their son, Joel Motley III, her 3 grandchildren, her brother, Edmund Baker of Florida, and her sisters Edna Carnegie, Eunice Royster, and Marian Green, of New Haven, Connecticut. 3. Congressional gold medal (a) Presentation authorized The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. National medals (a) National medal The medal struck under section 3 is a national medal for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. 6. Authority to use fund amounts; Proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. | Congressional Tribute to Constance Baker Motley Act of 2013 |
America's Agricultural Heritage Partnership Reauthorization Act - Amends the Omnibus Parks and Public Lands Management Act of 1996 to extend the Secretary of Agriculture's (USDA) authority to make grants or provide assistance to the America's Agricultural Heritage Partnership (Iowa). | 113 S1151 IS: America's Agricultural Heritage Partnership Reauthorization Act U.S. Senate 2013-06-12 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. 1151 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Harkin Committee on Energy and Natural Resources A BILL To reauthorize the America's Agricultural Heritage Partnership in the State of Iowa. 1. Short title This Act may be cited as the America's Agricultural Heritage Partnership Reauthorization Act 2. Reauthorization of the America's Agricultural Heritage Partnership Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 461 note; Public Law 104–333 September 30, 2013 September 30, 2023 | America's Agricultural Heritage Partnership Reauthorization Act |
Building a Health Care Workforce for the Future Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award matching grants to enable states to implement scholarship programs to ensure an adequate supply of health professionals. Authorizes the Secretary to award grants to assist medical schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among its students. Requires the Secretary to award grants to medical and other health professions schools to promote priority competencies that are selected annually by the Advisory Committee on Training in Primary Care Medicine and Dentistry, in order to foster curricular innovations to improve the education and training of health care providers. Directs the Institute of Medicine to study the documentation requirements for cognitive services (evaluation and management services) required under Medicare and Medicaid and through private health insurers. | 113 S1152 IS: Building a Health Care Workforce for the Future Act U.S. Senate 2013-06-12 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. 1152 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Reed Mr. Blunt Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to help build a stronger health care workforce. 1. Short title This Act may be cited as the Building a Health Care Workforce for the Future Act 2. Grants to States for scholarship programs Subpart III of part D of title III of the Public Health Service Act ( 42 U.S.C. 254l et seq. 338N. Grants to States for scholarship programs (a) In general The Secretary shall award grants to eligible States to enable such States to implement scholarship programs to ensure, with respect to the provision of health services, an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, physician assistants, and pharmacists or other health profession as determined by the Secretary. (b) Eligible States To be eligible to receive a grant under this section, a State shall submit to the Secretary an application containing such information as the Secretary determines necessary to carry out this section. (c) Eligible participants To be eligible to participate in a scholarship program carried out with a grant received under this section, an individual shall— (1) be accepted for enrollment, or be enrolled, as a full-time student— (A) in an accredited (as determined by the Secretary) educational institution in a State; and (B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, dentistry, school of pharmacy, other health profession designated by the Secretary, nursing college, or an appropriate degree from a graduate program of behavioral and mental health; (2) submit to the State, an application to participate in the program; and (3) sign and submit to the State, at the time of the submission of the application under paragraph (2), a written contract that requires the individual to— (A) accept payments under the scholarship; (B) maintain a minimum level of academic standing during the period of the scholarship, as determined by the Secretary; (C) if applicable, complete an accredited residency training program; (D) become licensed in the applicant’s State of residence; and (E) serve as a provider for 1 year in— (i) a health professional shortage area (as defined by the National Health Service Corps under section 332); (ii) a medically underserved area (as defined for purposes of section 330); or (iii) any other shortage area defined by the State and approved by the Secretary; in the applicant's State of residence for every year in which the applicant received a scholarship. (d) Designation of areas To be eligible to receive a grant under this section, a State shall adequately demonstrate to the Secretary that the State has designated appropriate health professions or specialty shortage areas. (e) Required disclosures In disseminating application and contract forms to individuals desiring to participate in a scholarship program funded under this section, the State shall include with such forms a summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted), including a clear explanation of the damages to which the State is entitled in the case of the individual’s breach of the contract. (f) Awarding of contracts (1) In general A State that enters into a contract with an individual under subsection (c)(3) shall, with respect to the program in which the individual is enrolled, agree to pay— (A) all tuition and costs associated with the program; (B) any other reasonable educational expenses, including fees, books, and laboratory expenses, related to the program; and (C) a cost-of-living stipend in an amount to be determined the Secretary. (2) Consideration by State In entering into contracts with individuals that meet the requirements of subsection (c), the State shall consider the extent of the applicant's demonstrated interest in the provision of care services in a particular provider shortage area. (g) Matching funds A State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under the scholarship program implemented by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under the grant. (h) Direct administration by State agency The scholarship program of any State receiving a grant under this section shall be administered directly by a State agency. (i) Report by Secretary Not later than 4 years after the date of enactment of this section, and every 5 years thereafter, the Secretary shall submit to Congress a report concerning— (1) the number of scholarships awarded under the State scholarship program; (2) the number of scholarship recipients, broken down by practice area, serving in the profession originally awarded a scholarship for 1 year after the completion of the service period required under subsection (c)(3)(E); (3) the number of scholarship recipients, broken down by provider type, practicing in an underserved area 1 year after the completion of the service period required under subsection (c)(3)(E); (4) data on any changes in health professional shortage areas or medically underserved areas within the State; (5) remaining gaps in such health professional shortage areas or medically underserved areas; (6) the number of additional full-time physicians that would be required to eliminate such health professional shortage areas or medically underserved areas in the State; (7) the number of individuals who received a scholarship but failed to comply with its requirements; (8) the action taken by the State to recoup scholarship funds in the case of any non-compliance; and (9) recommendations to improve the program under this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2014 through 2018. Not less than 50 percent of the amount appropriated for a fiscal year under this subsection shall be used to provide scholarships to providers who intend on pursuing careers in primary care. . 3. Increasing mentoring and transforming competencies in primary care Title VII of the Public Health Service Act is amended by inserting after section 747A ( 42 U.S.C. 293k–1 747B. Developing effective primary care mentors and improving mentorship opportunities for medical students (a) Grants To cultivate primary care mentors and improve primary care mentorship opportunities for medical students The Secretary may award grants to eligible medical schools to assist such schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among students. (b) Eligibility To be eligible to receive a grant under this section, an entity shall— (1) be an accredited medical school or college of osteopathic medicine; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the applicant will use amounts received under the grant to— (A) establish or enhance existing mentorship programs, including— (i) incentivizing medical school faculty (through financial or other reward systems) to participate as a mentor of other primary care physician faculty members and students; (ii) providing resources for aspiring mentors to participate in workshops or other learning experiences in which primary care physicians can learn about effective strategies in primary care mentoring; (iii) enabling successful primary care mentors on medical school faculty to spend time at another institution where they can promote best practices in mentoring primary care leaders and students; and (iv) developing web-based resources for mentors to interact regularly and share successful strategies; or (B) cultivate interest and leaders in primary care among students, including— (i) offering students that identify interest in primary care upon matriculation, longitudinal experiences in primary care to care for and track the health and wellness of patients throughout medical school; (ii) arranging partnerships with private practices, insurers, schools of public health, public health departments, and community-based service projects with the goal of providing students with the opportunity to interact with primary care mentors from a variety of health care settings; (iii) providing stipends or other forms of financial resources to students who work with designated mentors in the field of primary care in underserved urban and rural communities; and (iv) supporting opportunities for students to engage in practice redesign or other efforts in which primary care physicians are taking a leadership role in delivery system reform. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2014 through 2020. 747C. Developing and promoting new competencies (a) Grants To develop and promote new competencies In order to foster curricular innovations to improve the education and training of health care providers, the Secretary shall award grants to medical and other health professions schools to promote priority competencies (as described in subsection (b)). (b) Priority competencies In awarding grants under subsection (a), the Secretary, acting through the Advisory Committee on Training in Primary Care and Dentistry, shall select an annual competency to direct the awarding of such grants. Such annual competencies may include— (1) patient-centered medical homes; (2) chronic disease management; (3) integration of primary care and mental health care; (4) integration of primary care, public and population health, and health promotion; (5) cultural competency; (6) domestic violence; (7) improving care in medically undeserved areas; and (8) team-based care. (c) Grant recipients The Secretary may award grants under subsection (a) to programs that provide education or training for— (1) physicians; (2) dentists and dental hygienists; (3) physician assistants; (4) mental and behavioral health providers; (5) public and populations health professionals; or (6) pharmacists. (d) Consideration in evaluating grant applications The Secretary shall give consideration to applicants that are proposing to partner with other medical programs, health professions programs, or nursing programs. (e) Grantee reports The recipient of a grant under this section shall, not later than 180 days after the end of the grant period involved, submit to the Advisory Committee, a report on the following (where appropriate): (1) A description of how the funding under the grant was used by the grantee. (2) A description of the intended goal of such funding. (3) A description of the challenges faced by the grantee in reaching the goal described in paragraph (2). (4) A description of the lessons learned by the grantee related to the grant activities. (f) Recommendations of the Advisory Committee The Advisory Committee, based on the information submitted under subsection (d), shall annually report to the Secretary on outcomes of the activities carried out under grants under this section, including specific recommendations for scaling up innovations to promote education and training of health care providers in the priority competencies described in subsection (b). (g) Authorization of appropriations There are authorized to be appropriated, $10,000,000 for each of fiscal years 2014 through 2018 to carry out this section. . 4. Study on documentation requirements for cognitive service Not later than 3 years after the date of enactment of this Act, the Institute of Medicine shall conduct a study, and submit a report to Congress, concerning the documentation requirements for cognitive services (evaluation and management services) required under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act, and through private health insurers. Such study shall include an evaluation of— (1) how documentation requirements designed for paper-based records should be modified for electronic records; (2) whether or not the documentation requirements are overly burdensome on physicians and detract from patient care; (3) the administrative costs to physician practices of the current documentation requirements; (4) the average amount of time required by physicians to document cognitive services; (5) options to more appropriately compensate physicians for evaluation and management of patient care without requiring excessive documentation of cognitive services; and (6) recommendations for less burdensome alternatives or changes to existing documentation requirements of cognitive services. | Building a Health Care Workforce for the Future Act |
Invasive Fish and Wildlife Prevention Act - Authorizes any person, entity, or the Director of the United States Fish and Wildlife Service to propose the regulation of nonnative wildlife taxa. Requires the Director to determine whether the proposal should be approved within 180 days. Requires the Director to promulgate regulations to: (1) specify the criteria for regulating a nonnative taxon as an Injurious I taxon or Injurious II taxon that is injurious to humans, agriculture, horticulture, forestry, wildlife, or wildlife resources; (2) establish a process for assessing and analyzing the risks of taxa that may have been imported into or found in interstate commerce; and (3) designate a wildlife taxon that was previously designated as injurious by statute or the Secretary of the Interior as an Injurious I or Injurious II taxon. Requires the Secretary, not later than three years after enactment of this Act, to: (1) define the phrase "non-native wildlife taxa novel to the United States"; (2) establish a process to ensure that all such taxa are thereafter reviewed by the Director to determine whether they should be regulated as Injurious I or Injurious II taxa prior to allowing their importation; and (3) seek to avoid, in promulgating such regulation, creating a new incentive for animal importers to import novel taxa prior to the effective date of such regulation. Requires the Director, prior to designating a taxon as an Injurious I or Injurious II taxon, to prepare a risk determination. Authorizes the Director to immediately and temporarily designate a nonnative wildlife taxon as Injurious I if an emergency exists because such unregulated taxon poses an imminent threat of harm to individuals in, or wildlife of, the United States or to the U.S. economy or environment. Requires the Director to: (1) establish an electronic, publicly available database that describes all quantities of imports of all live wildlife and the regulatory status of such wildlife; (2) monitor and report on the identities and quantities of nonnative wildlife taxa being imported; and (3) make more rapid determinations on proposals for regulation of importations or shipments of injurious mammals, birds, fish, amphibia, and reptiles under the Lacey Act by requiring the Secretary to forego time-consuming optional administrative steps that are not essential and by authorizing the Secretary to forego economic impact analyses. Gives the Secretary the primary authority to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites. Requires the Secretary to promulgate regulations to impose import restrictions to prevent the importation of, and commerce in, such pathogens and parasites. Establishes exemptions to such requirement. Prohibits any person from: (1) importing or knowingly possessing such an Injurious I or Injurious II taxon, or the descendant of such an animal, that was imported in violation of this Act; (2) engaging in interstate commerce for or knowingly possessing such an animal that was transported in interstate commerce in violation of this Act; and (3) releasing any such taxon into the wild. Sets forth exemptions from such prohibitions. Authorizes the Director to issue permits to qualified institutions to authorize actions otherwise prohibited for such taxon. Establishes civil and criminal penalties for violations of this Act. Requires the Secretary to adopt a fee to be charged on imported live wildlife shipments, excluding shipments made by qualified institutions for scientific, veterinary, or medical research, education, conservation outreach, or display purposes. Establishes the Injurious Wildlife Prevention Fund to carry out this Act. | 113 S1153 IS: Invasive Fish and Wildlife Prevention Act U.S. Senate 2013-06-12 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. 1153 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mrs. Gillibrand Mr. Nelson Mr. Levin Committee on Environment and Public Works A BILL To establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause harm. 1. Short title This Act may be cited as the Invasive Fish and Wildlife Prevention Act 2. Purpose The purpose of this Act is to establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause— (1) economic or environmental harm; or (2) harm to humans or animal health. 3. Definitions In this Act: (1) Approved wildlife sanctuary The term approved wildlife sanctuary (A) (i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; (ii) does not commercially trade in animals regulated under this Act, including offspring, parts, and byproducts of those animals; and (iii) does not propagate animals regulated under this Act; and (B) meets any additional criteria that the Service determines are necessary and consistent with the purpose of this Act. (2) Aquatic nuisance species task force The term Aquatic Nuisance Species Task Force 16 U.S.C. 4702 (3) Director The term Director (4) Fund The term Fund (5) Import The term import (6) Indian tribe The term Indian tribe 25 U.S.C. 450b (7) National invasive species council The term National Invasive Species Council (8) Native The term native (9) Nonnative wildlife taxon (A) In general The term nonnative wildlife taxon (B) Inclusions The term nonnative wildlife taxon (C) Exclusions The term nonnative wildlife taxon (i) any taxon that is— (I) specifically defined or regulated as a plant pest or approved for biological control purposes under the Plant Protection Act ( 7 U.S.C. 7701 et seq. (II) defined or regulated as a threat to livestock or poultry under the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. (ii) any common and clearly domesticated species or subspecies, including— (I) cat (Felis catus); (II) cattle or oxen (Bos taurus); (III) chicken (Gallus gallus domesticus); (IV) common canary (Serinus canaria domesticus); (V) dog (Canis lupus familiaris); (VI) donkey or ass (Equus asinus); (VII) domesticated members of the family Anatidae (geese); (VIII) duck (domesticated Anas spp.); (IX) domesticated ferret (Mustela furo); (X) gerbil (Meriones unguiculatus); (XI) goat (Capra aegagrus hircus); (XII) guinea pig or Cavy (Cavia porcellus); (XIII) goldfish (Carassius auratus auratus); (XIV) domesticated hamsters (Cricetulus griseus, Mesocricetus auratus, Phodopus campbelli, Phodopus sungorus, and Phodopus roborovskii); (XV) horse (Equus caballus); (XVI) llama (Lama glama); (XVII) mule or hinny (Equus caballus x E. asinus); (XVIII) pig or hog (Sus scrofa domestica); (XIX) domesticated varieties of rabbit (Oryctolagus cuniculus); (XX) sheep (Ovis aries); or (XXI) any other species or subspecies that the Director determines to be common and clearly domesticated. (10) Person The term person (A) an individual, corporation, partnership, trust, association, or other private entity; (B) any officer, employee, agent, department, or instrumentality of the Federal Government, or of any tribal government, or of any State, municipality, or political subdivision of a State, or of any foreign government; and (C) any other entity subject to the jurisdiction of the Federal United States. (11) Qualified institution The term qualified institution (A) for scientific, veterinary, or medical research or education, or a zoo or aquarium accredited by the Association of Zoos and Aquariums; or (B) an approved wildlife sanctuary. (12) Secretary The term Secretary (13) State The term State (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (14) United States The term United States (A) the States; and (B) any land and water, including the territorial sea and the Exclusive Economic Zone, within the jurisdiction or sovereignty of the Federal Government. 4. Proposals for regulation of nonnative wildlife taxa (a) Proposals Any person or entity, or the Director, at the discretion of the Director, may propose the regulation of, or revised regulation of, 1 or more taxa. (b) Information A proposal by a person or agency should include adequate information to allow the Director to determine whether the taxon meets the criteria for designation as Injurious I or Injurious II under section 5(a)(1)(A). (c) Public and agency comment (1) In general Upon receipt of a proposal that the Director determines to be complete, and for any proposal the Director elects to prepare, the Director shall publish notice of the proposal in the Federal Register and provide an opportunity for at least 60 days of public comment. (2) Regulations for complete proposals Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Director, shall promulgate regulations on the criteria for complete proposals. (d) Determination Not later than 180 days after the date of publication of a proposal under subsection (c), or as soon thereafter as is feasible, the Director shall make a determination as to whether the proposal should be approved or disapproved. (e) Notice of determination The Director shall— (1) publish in the Federal Register notice of the determination made under subsection (d); and (2) make the basis for the determination available on a publicly available Federal Internet site. 5. Scientific risk assessment and risk determination regulations (a) Assessment and determination (1) In general The Secretary, acting through the Director, shall promulgate regulations— (A) to further specify the criteria for regulating a nonnative wildlife taxon as— (i) an Injurious I taxon, which shall be a taxon— (I) that the Director determines— (aa) to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; and (bb) to have a high degree of potential harm and is a taxon with which qualified institutions have not previously had significant experience in maintaining successfully in captivity and preventing escapes or releases; and (II) except as provided in section 12, the importation and transportation of which in interstate commerce shall be conducted only pursuant to a permit issued under section 12 to a qualified institution; or (ii) an Injurious II taxon, which shall be a taxon— (I) that the Director determines— (aa) to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; but (bb) to have a degree of potential for harm that is less than the degree of potential harm of an Injurious I taxon or is a taxon with which qualified institutions have previously had significant experience in maintaining successfully in captivity and preventing escapes or releases; and (II) for which no permit is required if the taxon is— (aa) imported to a qualified institution; (bb) transported in interstate commerce and intrastate commerce to and among qualified institutions; or (cc) held by a qualified institution; (B) to establish a process for assessing and analyzing the risks of taxa that may have been, or foreseeably could be, imported into, or found in interstate commerce within, the United States; and (C) that may also provide for cases in which exceptions or additions to the Injurious I taxon or Injurious II taxon criteria may be necessary to address extraordinary risks. (2) Basis, availability, and review The Director shall— (A) ensure that the risk assessment and risk determination processes conducted under this section are based on sound science; and (B) make the results of each such assessment and determination available to the public. (3) Previously listed taxa Each wildlife taxon previously designated by statute or by the Secretary as injurious under section 42(a) (4) Deadlines (A) Proposed regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register a proposed version of the regulations required under this subsection. (B) Final regulations Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate final regulations required under this subsection, including a public notification of the process for submission of a proposal under section 4(a). (C) Additional requirement of pre-import risk screening for all taxa novel to the united states (i) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall by regulation— (I) define the phrase non-native wildlife taxa novel to the United States (II) set forth a process to ensure that all unregulated non-native wildlife taxa novel to the United States are thereafter reviewed by the Director prior to allowance of their importation to the United States to determine whether they should be regulated under any of clause (i) or (ii) of paragraph (1)(A). (ii) Avoidance of new incentives In promulgating the regulation under clause (i), the Secretary shall seek to avoid creating a new incentive for animal importers to import novel taxa prior to the effective date of the regulation. (iii) New regulation for imports of taxa novel to the united states Not later than 1 year after the date of promulgation of the regulation under clause (i), the Secretary shall implement the regulation. (b) Scientific risk assessment The regulations promulgated under subsection (a) shall require consideration, in an initial scientific risk assessment of a taxon, of at least— (1) the scientific name and native range of the taxon; (2) whether the taxon has established or spread, or caused harm to the economy, the environment, or the health of other animal species in the United States or in an ecosystem similar to an ecosystem in the United States; (3) whether environmental conditions suitable for the establishment or spread of the taxon exist or will exist in the United States; (4) the likelihood of establishment and spread of the taxon; (5) whether the taxon will cause harm to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States; (6) whether the taxon will damage land, water, or facilities of the National Park System or other public land; (7) the best available scientific risk screening systems or predictive models that apply to the taxon; and (8) other factors important to assessing risks, if any, associated with the taxon, in accordance with the purpose of this Act. (c) Risk determination Prior to designating any nonnative wildlife taxon as an Injurious I taxon or Injurious II taxon under subsection (a), after conducting a risk assessment, the Director shall prepare a risk determination that takes into consideration— (1) the results of the risk assessment; and (2) at a minimum— (A) the capabilities and any efforts of States, local governments, and Indian tribes to address the risks, if any, identified by the Director with respect to the taxon, including the results of any risk assessments conducted for the taxon that are available to the Director; (B) the potential for reduction, mitigation, control, and management of any risks identified; and (C) whether any risks identified already are adequately addressed under other applicable law. (d) Discretionary analysis (1) In general In preparing the risk determination for a taxon, the Director may consider the economic, social, and cultural impacts of a decision on whether to regulate the taxon. (2) Other requirements This section shall satisfy the requirements of, and apply in lieu of any other requirement to complete an analysis under, any other law (including a regulation or Executive order) on economic, social, or cultural impact. (e) Notice and consultation In promulgating regulations under subsection (a), the Director shall notify and consult with, at a minimum— (1) affected States, Indian tribes, qualified institutions, and other stakeholders; (2) the Aquatic Nuisance Species Task Force; (3) the National Invasive Species Council; (4) the Department of Agriculture; (5) the Centers for Disease Control and Prevention; and (6) the National Oceanic and Atmospheric Administration. 6. Emergency temporary designation (a) In general If the Director determines an emergency exists because an unregulated nonnative wildlife taxon poses an imminent threat of harm to individuals in or wildlife of the United States, or the economy or environment of the United States, the Director may immediately temporarily designate the nonnative wildlife taxon as Injurious I in accordance with section 5(a)(1)(A)(i). (b) Notice of temporary designation The Director shall promptly— (1) publish in the Federal Register notice of each temporary designation under this subsection; and (2) make the basis for the designation available on a publicly available Federal Internet site and through other appropriate means. (c) Determination Not later than 1 year after temporarily designating a nonnative wildlife taxon using the emergency authority under this section, the Director shall— (1) make a final determination regarding whether the taxon should be further regulated under either of clause (i) or (ii) of section 5(a)(1)(A); (2) publish notice of that final determination in the Federal Register; and (3) make the basis for the determination available on a publicly available Federal Internet site. (d) Limitation on procedures The procedures under sections 4 and 5 of this Act and section 553 (e) State requests If the Governor of a State requests a temporary emergency designation under this section, the Director shall respond promptly with a written determination on the request. 7. Information on imported animals (a) Improved information The Director shall— (1) not later than 18 months after the date of enactment of this Act, establish an electronic database that describes, using scientific names to the species level (or subspecies level, if applicable), all quantities of imports of all live wildlife, and the regulatory status of the wildlife, in a form that permits that information to be rapidly accessed; and (2) not later than 30 days after the date of importation of wildlife described in paragraph (1), make the information described in that paragraph (other than confidential business information associated with those imports that is protected under other Federal law) available on a publicly available Federal Internet site. (b) Annual report of information Not later than 3 years after the date of enactment of this Act, and not later than each April 1 thereafter, the Director shall issue, including on a publicly available Federal Internet site, a report that includes, at a minimum, a description of— (1) all nonnative wildlife imported, using scientific names of the wildlife to the species or subspecies level, to the extent known; and (2) cumulative quantities of imported wildlife and the regulatory status of the wildlife. (c) Monitoring import information In consultation with inspection, customs, and border officials in the Departments of Agriculture and Homeland Security, the Director shall regularly— (1) monitor the identities and quantities of nonnative wildlife taxa being imported, with particular emphasis on wildlife newly in the import trade to the United States; and (2) determine, to the maximum extent practicable, whether the newly traded taxa would meet the criteria for regulation, and should be regulated, under any of clause (i) or (ii) of section 5(a)(1)(A). 8. Injurious wildlife determinations (a) In general Immediately upon the date of enactment of this Act, the Secretary shall make more rapid determinations on proposals for regulation of wildlife under section 42 (b) Streamlining of determinations In carrying out subsection (a) and other provisions of this Act, the Secretary— (1) shall use the best available scientific risk screening systems or predictive models that apply to the taxon under consideration; (2) shall forego time-consuming optional administrative steps, unless the Secretary determines the steps to be essential; and (3) notwithstanding chapter 6, and section 804, 9. Effect on injurious wildlife provision This Act and the regulations promulgated under this Act shall take precedence over any conflicting regulation promulgated under section 42 10. Prevention of wildlife pathogens and parasites (a) In general The Secretary shall have the primary authority to prevent, and the primary responsibility for preventing, the importation of, and interstate commerce in, wildlife pathogens and harmful parasites. (b) Regulations (1) In general In addition to regulations required under section 5(a), the Secretary shall promulgate such regulations as are necessary— (A) to minimize the likelihood of introduction or dissemination of any disease or harmful parasite of native or nonnative wildlife; and (B) to impose any additional necessary import restrictions, including management measures, health certifications, quarantine requirements, specifications for conveyances, holding water, and associated materials, shipment and handling requirements, and other measures that the Secretary determines to be necessary— (i) to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites; and (ii) to address— (I) a particular taxon; (II) the place of origin of a particular taxon; and (III) the conveyance and materials associated with wildlife transport. (c) Relationship to other authorities (1) In general Except as provided in paragraph (2), the Secretary shall exclude from regulation under this section any pathogen, parasite, or host taxon that is— (A) defined or regulated by the Department of Health and Human Services as a threat to humans under section 361 of the Public Health Service Act ( 42 U.S.C. 264 (B) defined or regulated by the Department of Agriculture as a threat to livestock or poultry under the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. (C) specifically defined or regulated by the Department of Agriculture as a plant pest or approved for biological control purposes under the Plant Protection Act (7 U.S.C. 7701 et seq.). (2) Exception The Secretary may regulate a pathogen, parasite, or host taxon described in any of subparagraphs (A) through (C) of paragraph (1) to the extent that the taxon also poses a wildlife disease risk. (d) Coordination (1) In general In promulgating regulations under and otherwise carrying out this section and section 7, the Secretary shall consult and coordinate with— (A) other Federal agencies and departments with authority to regulate taxa; (B) State wildlife agencies; (C) State veterinarians; and (D) other officials with related authorities. (2) Consultation by secretary of agriculture In any case in which the Secretary of Agriculture participates in the World Organization for Animal Health, the Secretary of Agriculture shall confer and consult with the Secretary on any matters relating to prevention of wildlife diseases that may threaten the United States. 11. Prohibitions (a) Prohibitions Except as provided in this section or section 12, it shall be unlawful for any person subject to the jurisdiction of the United States— (1) to import into the United States any nonnative wildlife taxon the Director has designated as Injurious I or Injurious II under section 5(a)(1)(A) or under section 6, or to knowingly possess such an animal, or the descendant of such an animal, that was imported in violation of this subsection; (2) to engage in interstate commerce for any nonnative wildlife taxon described in paragraph (1), or to knowingly possess such an animal, or the descendant of an animal, that was transported in interstate commerce in violation of this subsection; (3) to violate any term or condition of a permit issued to a qualified institution under section 12 for a taxon designated as Injurious I under clause (i) of section 5(a)(1)(A) or under section 6; (4) to release into the wild any nonnative wildlife taxon described in paragraph (1); (5) to violate any additional regulation promulgated by the Secretary as necessary to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites under this Act; or (6) to attempt any of the prohibited actions described in paragraphs (1) through (5). (b) Exemption for interstate transportation of animals of later-Regulated taxa (1) In general Except as provided in paragraph (2), an individual animal that was lawfully owned prior to the taxa to which the animal belongs being regulated by the Director under this Act as Injurious II may be transported interstate without a permit by any person for noncommercial purposes only. (2) Exception The exemption under paragraph (1) does not apply to an animal of any taxa designated by the Director as Injurious I. (c) Limitation on Application (1) In general The prohibitions in this section shall not apply to— (A) any action by Federal, State, tribal, or local law enforcement personnel to enforce this section; and (B) any action by Federal, State, tribal, or local officials to prevent the introduction or establishment of nonnative wildlife, or wildlife pathogens or parasites, including actions to transport, hold, and shelter animals of taxa regulated under this Act. (2) Importation and transportation by Federal agencies Nothing in this Act shall restrict the importation or transportation between any States of nonnative wildlife by a Federal agency for the use of the Federal agency if the nonnative wildlife remains in the possession of a Federal agency. (d) Effective date This section takes effect on the date that is 30 days after the date of promulgation of the final regulations under section 5(a). 12. Permits and exemptions for qualified institutions and live animal transporters (a) Permits The Director may issue to a qualified institution a permit under this Act authorizing any of the actions otherwise prohibited under section 11 for any wildlife taxon designated under clause (i) or (ii) of section 5(a)(1)(A) or under section 6. (b) Terms and conditions The Director may include in a permit under subsection (a) terms and conditions to minimize the risk of introduction or establishment of nonnative wildlife, pathogens, and parasites in the United States. (c) Exemption and reporting (1) In general No permit under this Act shall be required for any qualified institution or any live animal transportation company or other live animal transporter that is in temporary possession of an animal delivering it to, or transporting it from, a qualified institution, to import or transport (on an interstate or intrastate basis), or possess or breed, any taxon that the Director has designated as an Injurious II taxon under section 5(a)(1)(A)(ii). (2) Display exemption No permit under this Act shall be required for the import, interstate or intrastate transportation, possession, or breeding of an Injurious I taxon by a qualified zoo or aquarium institution. (3) Exclusions The exemptions described in paragraphs (1) and (2) do not include the transfer of ownership of an Injurious I taxon or the transfer of ownership of an Injurious II taxon to any person or entity other than to another qualified institution. (4) Record Each qualified institution or live animal transporter that imports, transports (on an interstate or intrastate basis), possesses, or breeds any taxa designated as Injurious I or II shall maintain records, subject to annual inspection by the Director, at the discretion of the Director, that summarize the transactions of the qualified institution or live animal transporter for the covered taxa. (d) Regulations; list of qualified institutions The Secretary shall— (1) promulgate regulations to implement this section; and (2) maintain a current roster of designated qualified institutions on a publicly available Federal Internet site and through other appropriate means. (e) Report Not later than March 1 of each year, a qualified zoo or aquarium shall submit to the Director a report on the imports, interstate or intrastate transportation, possession, or breeding of any Injurious I taxon by the qualified zoo or aquarium for the preceding calendar year. 13. User fees (a) Definition of live wildlife shipments In this section, the term live wildlife shipment (b) Reasonable fee Not later than 2 years after the date of enactment of this Act, the Secretary shall propose, and subsequently adopt, by regulation, a reasonable fee to be charged on imported live wildlife shipments for use in recovering a portion of the costs of— (1) improving the information available on the importation and interstate commerce trade of wildlife; (2) monitoring that information under section 7; (3) conducting risk assessments and risk analyses for nonnative wildlife taxa in that trade under sections 4 and 5; (4) making emergency designations under section 6; and (5) preventing wildlife pathogens and parasites under section 10. (c) Cost recovery purpose The purpose of the user fees in this section shall be to recover approximately 75 percent of the costs to the Director for the services listed in subsection (b), after such date as the user fee regulation under subsection (b) is fully implemented and the amounts of the fees received have been appropriated to the Injurious Wildlife Prevention Fund pursuant to section 16(b)(2)(A) for at least one full fiscal year. (d) Fee limit (1) In general The amount of the additional fee to be charged on any live wildlife shipment under this section shall be set by the Secretary only after fully considering public comments on the proposed fee regulation and it shall be charged broadly and fairly across the live wildlife import industry and at the lowest level feasible to achieve the cost recovery purpose in subsection (c). (2) Annual total fee revenue The fees shall be set so that the annual total fee revenue shall not exceed the amount of the annual total fee revenue of the fee charged by the Director under the inspection program of the Director to oversee the importation of live wildlife carried out pursuant to— (A) section 11(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(f) (B) subpart I of part 14 of title 50, Code of Federal Regulations (or successor regulations); and (C) other applicable authority. 14. Relationship to State law (a) Possession of lawfully obtained injurious wildlife taxa For purposes of this Act, possession of lawfully obtained injurious wildlife taxa within a State shall— (1) be a matter of State law; and (2) (A) not be federally regulated; or (B) not require a Federal permit under this Act. (b) Regulations and determinations Except as provided in subsection (c), nothing in this Act, or in the regulations and determinations to be promulgated or issued by the Secretary or the Director under this Act, preempts or otherwise affects the application of any State law that establishes more stringent requirements for— (1) the importation, transportation, possession, sale, purchase, release, breeding of, or bartering for, or any other transaction involving, any nonnative wildlife taxon; or (2) the prevention of wildlife pathogens and harmful parasites. (c) Limitation on Application of prohibitions To prevent release The Director may limit the application of this Act to facilitate implementation of any State, local, or tribal program that results in voluntary surrender of regulated nonnative wildlife, if the Director determines that the limitation will prevent the release of that wildlife. 15. Penalties and sanctions (a) Civil penalties (1) Civil administrative penalties (A) In general Any person who is found by the Secretary, after notice and opportunity for a hearing conducted in accordance with section 554 of title 5, United States Code, to have committed any act prohibited by section 11 shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation. (B) Subpoena power For the purposes of conducting any investigation or hearing under this Act, the Secretary may— (i) issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents; and (ii) administer oaths. (2) Civil judicial penalties Any person who violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall be subject to a civil penalty in an amount not to exceed $500 for each such violation. (b) Criminal offenses Any person who knowingly violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall, upon conviction, be guilty of a class A misdemeanor. (c) Natural resource damages All costs relating to the mitigation of injury caused by a violation of this Act shall be borne by the person that violated this Act. (d) Enforcement (1) Other powers and authorities Any person authorized by the Secretary to enforce this Act shall have the same authorities as are described in section 6 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375 (2) Forfeiture (A) In general A person who is determined to have violated any provision of this Act shall forfeit to the United States— (i) any property, real or personal, taken or retained in connection with or as a result of the offense; and (ii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense. (B) Disposal of property Upon the forfeiture to the United States of any property or item described in clause (i) or (ii) of subparagraph (A), or upon the abandonment or waiver of any claim to any such property or item, the property or item shall be disposed of by the Secretary in a manner consistent with the purpose of this Act. (e) Application of customs laws All powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purpose of this Act, be exercised or performed by the Secretary, or by such officers or employees of the United States as the Secretary may designate. 16. Injurious wildlife prevention fund (a) Establishment There is established in the Treasury of the United States a Fund, to be known as the Injurious Wildlife Prevention Fund (b) Transfers to fund (1) In general The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (2). (2) Fees and penalties There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to amounts collected— (A) as user fees and received in the Treasury under section 13(a); (B) as civil administrative or judicial penalties under section 15; and (C) as a civil penalty for any violation of section 42 (c) Use of funds (1) In general Of the amounts deposited in the Fund for a fiscal year— (A) 75 percent shall be available to the Secretary for use in carrying out this Act (other than paragraph (2)); and (B) 25 percent shall be used by the Secretary to carry out paragraph (2). (2) Aid for state wildlife risk assessments (A) In general The Secretary shall establish a program to provide natural resource assistance grants to States for use in supporting best practices and capacity-building by States, consistent with the purpose of this Act, for— (i) inspecting and monitoring wildlife imports and interstate commerce; and (ii) conducting assessments of risk associated with the intentional importation of nonnative wildlife taxa. (B) Administration The program under this paragraph shall be administered by the Director under the Federal Aid to States program of the Director. (d) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (c). (e) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited in the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (f) Separate Appropriations account Section 1105(a) (1) by redesignating paragraphs (35) and (36) as paragraphs (36) and (37), respectively; (2) by redesignating the second paragraph (33) (relating to obligational authority and outlays requested for homeland security) as paragraph (35); and (3) by adding at the end the following: (38) a separate statement for the Injurious Wildlife Prevention Fund established by section 16(a) of the Invasive Wildlife Prevention Act of 2012, which shall include the estimated amount of deposits in the Fund, obligations, and outlays from the Fund. . 17. Relationship to other Federal laws Nothing in this Act— (1) repeals, supersedes, or modifies any provision of— (A) the Public Health Service Act ( 42 U.S.C. 201 et seq. (B) the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (C) the Plant Protection Act ( 7 U.S.C. 7701 et seq. (D) the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. (E) the Animal Welfare Act ( 7 U.S.C. 2131 et seq. (F) the Endangered Species Act of 1973 (2) authorizes any action with respect to the importation of any plant pest, including a biological control agent, under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.), to the extent that the importation is subject to regulation under that Act. 18. Requirement to promulgate regulations In addition to regulations required under section 5 and other provisions of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act. | Invasive Fish and Wildlife Prevention Act |
Exchange Sunset Act of 2013 - Amends the Patient Protection and Affordable Care Act to make inapplicable provisions concerning Health Benefit Exchanges if one or more Exchanges fail to accept applications for enrollment in qualified health plans beginning on October 1, 2013. Amends the Internal Revenue Code to terminate the requirement that individuals maintain minimum essential coverage upon such a determination by the Secretary of the Treasury. | 113 S1154 IS: Exchange Sunset Act of 2013 U.S. Senate 2013-06-12 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. 1154 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Roberts Mr. Inhofe Mr. Barrasso Mr. Cochran Committee on Finance A BILL To provide that certain requirements of the Patient Protection and Affordable Care Act do not apply if the American Health Benefit Exchanges are not operating on October 1, 2013. 1. Short title This Act may be cited as the Exchange Sunset Act of 2013 2. Nonapplication of the Patient Protection and Affordable Care Act (a) Termination of Exchange requirement Section 1312 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (i) Failure To offer coverage If one or more Exchanges fails to accept applications for enrollment in qualified health plans beginning on October 1, 2013, the requirements of this section shall cease to apply, and any other provisions of this Act (or an amendment made by this Act) relating to Exchanges shall not be applicable. . (b) Requirement of coverage Section 5000A (h) Termination The provisions of this section shall terminate on October 1, 2013 if the Secretary of the Treasury determines that one or more Exchanges fails to accept applications for enrollment in qualified health plans on such date. . | Exchange Sunset Act of 2013 |
Rural Veterans Mental Health Care Improvement Act - Amends appropriations authorities for veterans' benefits to provide advanced appropriations for information technology relating to medical services, support, compliance, and facilities of the Veterans Health Administration (VHA). Directs the Secretary of Veterans Affairs (VA) to include, as a component of VHA health-care personnel education and training programs, education and training of marriage and family therapists as well as licensed professional mental health counselors. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to require the Secretary, through VA medical centers, to provide mental health services, including outpatient care, to the immediate families of certain veterans returning from Operation Enduring Freedom or Operation Iraqi Freedom. Requires the Secretary to report to Congress regarding telemedicine services (the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition) for veterans, including updates on VA teleconsultation and telemedicine initiatives, training, and partnerships with primary care providers. | 113 S1155 IS: Rural Veterans Mental Health Care Improvement 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 113th CONGRESS 1st Session S. 1155 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Tester Committee on Veterans' Affairs A BILL To provide for advance appropriations for certain information technology accounts of the Department of Veterans Affairs, to include mental health professionals in training programs of the Department, and for other purposes. 1. Short title This Act may be cited as the Rural Veterans Mental Health Care Improvement Act 2. Advance appropriations for accounts for health-related information technology for the Department of Veterans Affairs (a) Advance appropriations for information technology accounts Section 117(c) of title 38, United States Code, is amended by adding at the end the following: (4) Accounts, including subaccounts of the Accounts referred to in paragraphs (1) through (3), providing funds for information technology. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after that date. 3. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. 4. Provision of mental health services for families of certain veterans at facilities of the Department (a) Provision of mental health services at Department facilities Subsection (e) of section 304 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( 38 U.S.C. 1712A Public Law 111–163 (1) by striking peer outreach and peer support services services (2) by striking The Secretary shall carry out the services (1) the services ; (3) by striking the period at the end and inserting ; and (4) by adding at the end the following new paragraph: (2) the mental health services required by subsection (a)(2) at or through Department medical centers. . (b) Definition of mental health services Such section is further amended by striking subsection (f) and inserting the following: (f) Definitions In this section: (1) Mental health services The term mental health services section 17.38(a)(1)(i) (2) Vet center The term vet center section 1712A . 5. Report on provision of telemedicine services (a) In general Not later than 120 days after the date of the enactment of this Act, 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 following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 38 U.S.C. 7406 (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine | Rural Veterans Mental Health Care Improvement Act |
Understanding the True Cost of College Act of 2013 - Amends the Higher Education Opportunity Act to refer to the Secretary of Education's model institution of higher eduction (IHE) financial aid offer form as the standard form. Requires the standard form to include certain additional items, such as: (1) information concerning work study assistance, including its dependence on the availability of employment opportunities; (2) the disclosure that federal student loans offer generally more favorable terms and repayment options than private education loans; (3) the deadline for and a summary of the financial aid acceptance process; (4) the academic period covered by the offer and whether the aid is based on full-time or part-time enrollment; and (5) the IHE's most recent cohort default rate compared to the national average cohort default rate, if more than 30% of the school's students take out student loans. Requires more detailed information to be included on the form. Includes among those details, with respect to federal education loans, information: (1) identifying the type and amount of loan recommended for the applicable student; (2) clearly indicating that such loans need to be repaid; (3) disclosing the student's right to borrow less than the recommended amount; (4) detailing the interest rates, fees, expected monthly repayment amounts, and sums to be paid over the life of such loans (assuming a ten-year repayment plan); and (5) disclosing the student's possible eligibility for longer repayment terms and that longer repayment terms may result in the student paying more over the life of such loans. Requires that certain steps be taken to improve the clarity of the form and provide recipients with access to additional information. Directs the Secretary, before finalizing the standard form, to submit it to consumer testing among students, their families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each IHE receiving federal financial assistance under the Act to use the standard form in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the IHE. | 113 S1156 IS: Understanding the True Cost of College Act of 2013 U.S. Senate 2013-06-13 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 1st Session S. 1156 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Franken Mr. Grassley Mr. Harkin Mr. Rubio Mrs. Gillibrand Mrs. Murray Mr. Cardin Mr. Schumer Mr. Carper Mr. Blumenthal Mr. Wyden Mr. Durbin Mr. Whitehouse Mr. Johnson of South Dakota Mr. Coons Ms. Mikulski Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Opportunity Act to add disclosure requirements to the institution financial aid offer form and to amend the Higher Education Act of 1965 to make such form mandatory. 1. Short title This Act may be cited as the Understanding the True Cost of College Act of 2013 2. Institution financial aid offer form (a) Institution financial aid offer form Section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 (1) by striking subsection (a) and inserting the following: (a) Standard Format The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop a standard format for financial aid offer forms based on recommendations from representatives of students, students’ families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ; (2) by striking subsection (b) and inserting the following: (b) Key required contents for offer form The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, the following items clearly separated from each other and listed on the first page of the financial aid offer form in either electronic or written format: (1) Information on the student's cost of attendance based on the most current costs for the academic period covered by the financial aid offer form, including the following: (A) Tuition and fees, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Room and board costs, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (C) Books and supplies, as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll (D) Transportation, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (E) Miscellaneous personal expenses, as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll (2) The amount of financial aid that the student does not have to repay, such as scholarships, grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or grant aid offered by the institution, a State, or an outside source to the student for such academic period, including a disclosure that the financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution. (3) The net price that the student, or the student's family on behalf of the student, will have to pay for the student to attend the institution for such academic period, equal to— (A) the cost of attendance as described in paragraph (1) for the student for such academic period, minus (B) the amount of financial aid described in paragraph (2) that is included in the financial aid offer form. (4) Work study assistance, including a disclosure that the aid must be earned by the student and a disclosure that the assistance offered is subject to the availability of employment opportunities. (5) The types and amounts of loans under part D or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. loan (6) Where a student or the student’s family can seek additional information regarding the financial aid offered, including contact information for the institution’s financial aid office and the Department of Education’s website on financial aid. (7) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available Federal student loan options before applying for private education loans, and an explanation to be written by the Secretary of Education, in consultation with the heads of relevant Federal agencies, of the benefits unique to Federal student loans, including various repayment plans, loan forgiveness, and loan deferment, and the terms to examine carefully if considering a private education loan. (8) The deadline and summary of the process, if any, for accepting the financial aid offered in the financial aid offer form. (9) The academic period covered by the financial aid offer form and a clear indication whether the aid offered is based on full-time or part-time enrollment. (10) With respect to institutions where more than 30 percent of enrolled students borrow loans to pay for their education, the institution’s most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), compared to the national average cohort default rate. (11) Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, determines necessary so that students and parents can make informed loan borrowing decisions, including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution. ; and (3) by adding at the end the following: (c) Other required contents for the offer form The standard format developed under subsection (a) shall also include the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: (1) A concise summary of the terms and conditions of financial aid recommended under paragraphs (2), (4), and (5) of subsection (b), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information. (2) At the institution’s discretion, additional options for paying for the net amount listed in subsection (b)(3), such as the amount recommended to be paid by the student or student’s family, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e 15 U.S.C. 1650 (A) The availability of, and the student’s potential eligibility for, Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (B) The impact of a proposed private education loan on the student’s potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (C) The student’s ability to select a private educational lender of the student’s choice. (D) The student's right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a student’s application and a student’s 3-day right-to-cancel period. (E) With respect to dependent students, any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e 20 U.S.C. 1070 et seq. (3) The following disclosures: (A) That the financial aid offer form only contains information for 1 academic period and the financial aid offered in following academic periods may change, unless the institution is offering aid that covers multiple academic periods. (B) How non-institutional scholarships awarded to the student affect the financial aid package offered to the student. (C) A concise summary of any Federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. (d) Additional requirements for financial aid offer form In addition to the requirements listed under subsections (b) and (c), the financial aid offer form shall meet the following requirements: (1) Clearly distinguish between the aid offered in paragraphs (2), (4), and (5) of subsection (b), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. (2) Use standard definitions and names for the terms described in subsection (b) that are developed by the Secretary of Education in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2013 (3) If an institution’s recommended Federal student loan aid offered in subsection (b)(5) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. (4) Use standard formatting and design that the Secretary of Education, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors determine is appropriate to produce multiple draft financial aid offer designs for consumer testing not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2013 (A) that figures described in paragraphs (1) through (5) of subsection (b) are in the same font, appear in the same order, and are displayed prominently on the first page of the financial aid offer form whether produced in written or electronic format; and (B) that the other information required in (b) and (c) appears in a standard format and design on the financial aid offer form. (5) Include an attestation that the student has accessed and read the financial aid offer form, if provided to the student in electronic format. (6) Include language developed by the Secretary of Education, in consultation with the heads of relevant Federal agencies, notifying eligible students that they may be eligible for education benefits, and where they can locate more information about such benefits, described in the following provisions: (A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (C) Section 1784a, 2005, or 2007 of title 10, United States Code. (e) Additional information Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information so long as such additional information supplements the financial aid offer form and is not located on the financial aid offer form. (f) Consumer testing (1) In general Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2013 (2) Length of Consumer Testing The Secretary of Education shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under paragraph (1). (3) Use of results The results of consumer testing under paragraph (1) shall be used in the final development of the financial aid offer form. (4) Reporting requirement Not later than 3 months after the date the consumer testing under paragraph (1) concludes, the Secretary of Education shall submit to Congress the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary added any additional items to the standard financial aid offer form pursuant to subsection (b)(10). (5) Authority to modify The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form. . (b) Mandatory form Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: 124. Use of mandatory financial aid offer form (a) In general Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the institution. (b) Effective date The requirement under subsection (a) shall take effect 8 months after the Secretary of Education finalizes the offer form developed under section 484(a) of the Higher Education Opportunity Act (20 U.S.C. 1092 note). . | Understanding the True Cost of College Act of 2013 |
National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition. | 113 S1158 IS: National Park Service 100th Anniversary Commemorative Coin Act U.S. Senate 2013-06-13 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 1st Session S. 1158 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Warner Mr. Enzi Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins commemorating the 100th anniversary of the establishment of the National Park Service, and for other purposes. 1. Short title This Act may be cited as the National Park Service 100th Anniversary Commemorative Coin Act 2. Findings Congress finds that— (1) in 1916, Congress established the National Park Service as a bureau within the Department of the Interior to administer the great national parks and monuments in the United States as a unified National Park System; (2) from 1916 to the present, the National Park System has grown from 37 park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly every State and territory; (3) the responsibilities of the National Park Service have expanded to include— (A) managing national historic trails and national scenic trails; (B) administering wild and scenic rivers; (C) recognizing the most significant historic resources in the United States through the National Register of Historic Places and the National Historic Landmark program; (D) providing historic preservation grants; and (E) assisting communities in meeting their preservation, conservation, and recreation needs; (4) the National Park Service Organic Act of 1916 ( Public Law 64–408 to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations (5) the 100th anniversary of the National Park Service in 2016 will be an occasion to celebrate a century of American vision and achievement in identifying and preserving the special places in the United States for the benefit of all, and the culmination of 100 years of accomplishments by the employees, partners, and volunteers of the National Park Service; (6) 2016 also will mark the beginning of the 2d century of service of the dedicated employees, partners, and volunteers of the National Park Service to the people of the United States as environmental leaders and vigilant stewards of the treasured places and stories of the United States; (7) coins commemorating the 100th anniversary of the National Park Service will bring national and international attention to the National Park System and to the legacy Congress left in 1916 when it established a Federal agency to ensure the protection of the most treasured natural and cultural resources in the United States for all time; and (8) the proceeds from a surcharge on the sale of commemorative coins will assist the financing of the needs of the parks and programs of the National Park Service, helping to ensure that the great natural and cultural resources of the United States will endure for generations to come. 3. Coin specifications (a) Denominations (1) $5 gold coins The Secretary of the Treasury (referred to in this Act as the Secretary (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins The Secretary shall mint and issue not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins The Secretary shall mint and issue not more than 750,000 half dollar clad coins, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar clad coins in section 5112(b) (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 (c) Numismatic items For purposes of sections 5134 5136 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the 100th anniversary of the National Park Service. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the face value of the coin; (B) an inscription of the year 2016 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the National Park Service; (B) the National Park Foundation; and (C) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2016, and ending on December 31, 2016. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include— (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (b) Distribution (1) In general Subject to section 5134(f) (2) Prohibition on land acquisition Surcharges paid to the National Park Foundation pursuant to paragraph (1) may not be used for land acquisition. (c) Audits The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the National Park Foundation under subsection (b). (d) Limitations Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the 2 commemorative coin program issuance limitation under section 5112(m)(1) | National Park Service 100th Anniversary Commemorative Coin Act |
Freedom from Discrimination in Credit Act of 2013 - Amends the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit. Defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; (2) "person" as a natural person, corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association; and (3) "sexual orientation" as homosexuality, heterosexuality, or bisexuality. | 113 S1159 IS: Freedom from Discrimination in Credit Act of 2013 U.S. Senate 2013-06-13 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 1st Session S. 1159 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mrs. Murray Committee on Banking, Housing, and Urban Affairs A BILL To amend the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit. 1. Short title This Act may be cited as the Freedom from Discrimination in Credit Act of 2013 2. Prohibition against discrimination on account of sexual orientation or gender identity Subsection (a)(1) of section 701 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691 (1) by striking on the basis of race, color, religion, national origin, sex or marital status, (2) by inserting on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, or marital status, 3. Definitions Section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a (1) by striking subsections (f) and (g); and (2) by inserting after subsection (e) the following new subsections: (f) The term gender identity (g) The term person (h) The term sexual orientation (i) Any reference to any requirement imposed under this title or any provision of this title shall be deemed to include a reference to the regulations of the Board under this title or the provision of this title in question. . | Freedom from Discrimination in Credit Act of 2013 |
Garrett Lee Smith Memorial Act Reauthorization of 2013 - Amends the Public Health Service Act to reauthorize and revise a research, training, and technical assistance resource center to prevent suicides (the Suicide Prevention Resource Center). Expands the program's focus from youth suicides to suicides among all ages, particularly among groups that are at high risk for suicide. Repeals authority for grants to establish research, training, and technical assistance centers related to mental health, substance abuse and the justice system. Reauthorizes a program of grants for the development of state or tribal youth suicide early intervention and prevention strategies. Reauthorizes and revises a grant program to enhance services for students with mental health or substance use disorders at institutions of higher education. Requires the Secretary of Health and Human Services (HHS) (who currently is merely authorized), acting through the Director of the Center for Mental Health Services, to award grants to enhance such services and to develop best practices for the delivery of such services. Permits grant funds to be used for the provision of such services to students and to employ appropriately trained staff. Requires the Secretary to give special consideration to applications for grants that describe programs that demonstrate the greatest need for new or additional mental and substance use disorder services and the greatest potential for replication. | 113 S116 IS: Garrett Lee Smith Memorial Act Reauthorization 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. 116 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Reed Ms. Murkowski Mr. Durbin Ms. Collins Mr. Udall of New Mexico Mrs. Murray Mr. Lautenberg Mr. Blumenthal Mr. Coons Ms. Klobuchar Ms. Stabenow Mr. Begich Committee on Health, Education, Labor, and Pensions A BILL To revise and extend provisions under the Garrett Lee Smith Memorial Act. 1. Short title This Act may be cited as the Garrett Lee Smith Memorial Act Reauthorization of 2013 2. Suicide prevention technical assistance center (a) Repeal Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 (b) Suicide prevention technical assistance center Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. 520C. Suicide prevention technical assistance center (a) Program authorized The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall establish a research, training, and technical assistance resource center to provide appropriate information, training, and technical assistance to States, political subdivisions of States, federally recognized Indian tribes, tribal organizations, institutions of higher education, public organizations, or private nonprofit organizations concerning the prevention of suicide among all ages, particularly among groups that are at high risk for suicide. (b) Responsibilities of the center The center established under subsection (a) shall— (1) assist in the development or continuation of statewide and tribal suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (2) ensure the surveillance of suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (3) study the costs and effectiveness of statewide and tribal suicide early intervention and prevention strategies in order to provide information concerning relevant issues of importance to State, tribal, and national policymakers; (4) further identify and understand causes and associated risk factors for suicide for all ages, particularly among groups that are at high risk for suicide; (5) analyze the efficacy of new and existing suicide early intervention and prevention techniques and technology for all ages, particularly among groups that are at high risk for suicide; (6) ensure the surveillance of suicidal behaviors and nonfatal suicidal attempts; (7) study the effectiveness of State-sponsored statewide and tribal suicide early intervention and prevention strategies for all ages particularly among groups that are at high risk for suicide on the overall wellness and health promotion strategies related to suicide attempts; (8) promote the sharing of data regarding suicide with Federal agencies involved with suicide early intervention and prevention, and State-sponsored statewide and tribal suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk factors for suicide among all ages particularly among groups that are at high risk for suicide; (9) evaluate and disseminate outcomes and best practices of mental health and substance use disorder services at institutions of higher education; and (10) conduct other activities determined appropriate by the Secretary. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2014 through 2018. . 3. Youth suicide intervention and prevention strategies Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 520E. Youth suicide early intervention and prevention strategies (a) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants or cooperative agreements to eligible entities to— (1) develop and implement State-sponsored statewide or tribal youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) support public organizations and private nonprofit organizations actively involved in State-sponsored statewide or tribal youth suicide early intervention and prevention strategies and in the development and continuation of State-sponsored statewide youth suicide early intervention and prevention strategies; (3) provide grants to institutions of higher education to coordinate the implementation of State-sponsored statewide or tribal youth suicide early intervention and prevention strategies; (4) collect and analyze data on State-sponsored statewide or tribal youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (5) assist eligible entities, through State-sponsored statewide or tribal youth suicide early intervention and prevention strategies, in achieving targets for youth suicide reductions under title V of the Social Security Act (b) Eligible entity (1) Definition In this section, the term eligible entity (A) a State; (B) a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored statewide youth suicide early intervention and prevention strategy; or (C) a federally recognized Indian tribe or tribal organization (as defined in the Indian Self-Determination and Education Assistance Act Indian Health Care Improvement Act (2) Limitation In carrying out this section, the Secretary shall ensure that a State does not receive more than one grant or cooperative agreement under this section at any one time. For purposes of the preceding sentence, a State shall be considered to have received a grant or cooperative agreement if the eligible entity involved is the State or an entity designated by the State under paragraph (1)(B). Nothing in this paragraph shall be constructed to apply to entities described in paragraph (1)(C). (c) Preference In providing assistance under a grant or cooperative agreement under this section, an eligible entity shall give preference to public organizations, private nonprofit organizations, political subdivisions, institutions of higher education, and tribal organizations actively involved with the State-sponsored statewide or tribal youth suicide early intervention and prevention strategy that— (1) provide early intervention and assessment services, including screening programs, to youth who are at risk for mental or emotional disorders that may lead to a suicide attempt, and that are integrated with school systems, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (3) employ or include in their applications a commitment to evaluate youth suicide early intervention and prevention practices and strategies adapted to the local community; (4) provide timely referrals for appropriate community-based mental health care and treatment of youth who are at risk for suicide in child-serving settings and agencies; (5) provide immediate support and information resources to families of youth who are at risk for suicide; (6) offer access to services and care to youth with diverse linguistic and cultural backgrounds; (7) offer appropriate postsuicide intervention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (8) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (9) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (10) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (11) provide continuous training activities for child care professionals and community care providers on the latest youth suicide early intervention and prevention services practices and strategies; (12) conduct annual self-evaluations of outcomes and activities, including consulting with interested families and advocacy organizations; (13) provide services in areas or regions with rates of youth suicide that exceed the national average as determined by the Centers for Disease Control and Prevention; and (14) obtain informed written consent from a parent or legal guardian of an at-risk child before involving the child in a youth suicide early intervention and prevention program. (d) Requirement for direct services Not less than 85 percent of grant funds received under this section shall be used to provide direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3). (e) Consultation and policy development (1) In general In carrying out this section, the Secretary shall collaborate with relevant Federal agencies and suicide working groups responsible for early intervention and prevention services relating to youth suicide. (2) Consultation In carrying out this section, the Secretary shall consult with— (A) State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act Social Security Act Social Security Act (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (3) Policy development In carrying out this section, the Secretary shall— (A) coordinate and collaborate on policy development at the Federal level with the relevant Department of Health and Human Services agencies and suicide working groups; and (B) consult on policy development at the Federal level with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to State-sponsored statewide or tribal youth suicide early intervention and prevention strategies. (f) Rule of construction; religious and moral accommodation Nothing in this section shall be construed to require suicide assessment, early intervention, or treatment services for youth whose parents or legal guardians object based on the parents' or legal guardians' religious beliefs or moral objections. (g) Evaluations and report (1) Evaluations by eligible entities Not later than 18 months after receiving a grant or cooperative agreement under this section, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants, collaborations, and consultations under this section. (h) Rule of construction; student medication Nothing in this section shall be construed to allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services. (i) Prohibition Funds appropriated to carry out this section, section 527, or section 529 shall not be used to pay for or refer for abortion. (j) Parental consent States and entities receiving funding under this section shall obtain prior written, informed consent from the child's parent or legal guardian for assessment services, school-sponsored programs, and treatment involving medication related to youth suicide conducted in elementary and secondary schools. The requirement of the preceding sentence does not apply in the following cases: (1) In an emergency, where it is necessary to protect the immediate health and safety of the student or other students. (2) Other instances, as defined by the State, where parental consent cannot reasonably be obtained. (k) Relation to education provisions Nothing in this section shall be construed to supersede section 444 of the General Education Provisions Act, including the requirement of prior parental consent for the disclosure of any education records. Nothing in this section shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 (l) Definitions In this section: (1) Early intervention The term early intervention (2) Educational institution; institution of higher education; school The term— (A) educational institution (B) institution of higher education Higher Education Act of 1965 (C) school Elementary and Secondary Education Act of 1965 (3) Prevention The term prevention (4) Youth The term youth (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $32,000,000 for each of the fiscal years 2014 through 2018. . 4. Mental health and substance use disorders services and outreach on campus Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b 520E–2. Mental health and substance use disorders services on campus (a) In general The Secretary, acting through the Director of the Center for Mental Health Services and in consultation with the Secretary of Education, shall award grants on a competitive basis to institutions of higher education to enhance services for students with mental health or substance use disorders and to develop best practices for the delivery of such services. (b) Uses of funds Amounts received under a grant under this section shall be used for 1 or more of the following activities: (1) The provision of mental health and substance use disorder services to students, including prevention, promotion of mental health, voluntary screening, early intervention, voluntary assessment, treatment, and management of mental health and substance abuse disorder issues. (2) The provision of outreach services to notify students about the existence of mental health and substance use disorder services. (3) Educating students, families, faculty, staff, and communities to increase awareness of mental health and substance use disorders. (4) The employment of appropriately trained staff, including administrative staff. (5) The provision of training to students, faculty, and staff to respond effectively to students with mental health and substance use disorders. (6) The creation of a networking infrastructure to link colleges and universities with providers who can treat mental health and substance use disorders. (7) Developing, supporting, evaluating, and disseminating evidence-based and emerging best practices. (c) Implementation of activities using grant funds An institution of higher education that receives a grant under this section may carry out activities under the grant through— (1) college counseling centers; (2) college and university psychological service centers; (3) mental health centers; (4) psychology training clinics; (5) institution of higher education supported, evidence-based, mental health and substance use disorder programs; or (6) any other entity that provides mental health and substance use disorder services at an institution of higher education. (d) Application To be eligible to receive a grant under this section, an institution of higher education shall prepare and submit to the Secretary an application at such time and in such manner as the Secretary may require. At a minimum, such application shall include the following: (1) A description of identified mental health and substance use disorder needs of students at the institution of higher education. (2) A description of Federal, State, local, private, and institutional resources currently available to address the needs described in paragraph (1) at the institution of higher education. (3) A description of the outreach strategies of the institution of higher education for promoting access to services, including a proposed plan for reaching those students most in need of mental health services. (4) A plan, when applicable, to meet the specific mental health and substance use disorder needs of veterans attending institutions of higher education. (5) A plan to seek input from community mental health providers, when available, community groups and other public and private entities in carrying out the program under the grant. (6) A plan to evaluate program outcomes, including a description of the proposed use of funds, the program objectives, and how the objectives will be met. (7) An assurance that the institution will submit a report to the Secretary each fiscal year concerning the activities carried out with the grant and the results achieved through those activities. (e) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that— (1) demonstrate the greatest need for new or additional mental and substance use disorder services, in part by providing information on current ratios of students to mental health and substance use disorder health professionals; and (2) demonstrate the greatest potential for replication. (f) Requirement of matching funds (1) In general The Secretary may make a grant under this section to an institution of higher education only if the institution agrees to make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than $1 for each $1 of Federal funds provided under the grant, toward the costs of activities carried out with the grant (as described in subsection (b)) and other activities by the institution to reduce student mental health and substance use disorders. (2) Determination of amount contributed Non-Federal contributions required under paragraph (1) may be in cash or in kind. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Waiver The Secretary may waive the application of paragraph (1) with respect to an institution of higher education if the Secretary determines that extraordinary need at the institution justifies the waiver. (g) Reports For each fiscal year that grants are awarded under this section, the Secretary shall conduct a study on the results of the grants and submit to the Congress a report on such results that includes the following: (1) An evaluation of the grant program outcomes, including a summary of activities carried out with the grant and the results achieved through those activities. (2) Recommendations on how to improve access to mental health and substance use disorder services at institutions of higher education, including efforts to reduce the incidence of suicide and substance use disorders. (h) Definitions In this section, the term institution of higher education (i) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for each of the fiscal years 2014 through 2018. . | Garrett Lee Smith Memorial Act Reauthorization of 2013 |
Gulf of Mexico Red Snapper Conservation Act of 2013 - Directs the Gulf States Marine Fisheries Commission to prepare, adopt, and submit to the Secretary of Commerce a fishery management plan providing for the conservation and management of Gulf of Mexico red snapper and specifying the requirements necessary for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to comply with such plan. Requires the Commission to ensure an opportunity for public participation in the preparation of the plan. Prohibits such plan, for a three-year period, from reducing the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing, except in the event of a reduction in stock in which case the quota shall be reduced to ensure a sustainable harvest. Permits an increase in quota based on stock assessments. Directs the Secretary to determine whether the plan includes fishery management measures compatible with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act and to certify whether the plan properly conserves and manages Gulf of Mexico red snapper. Requires each Gulf coastal state to submit to the Commission appropriate management measures to ensure compliance with the conservation objectives of the fishery management plan. Directs the Commission, upon certifying that the states have submitted sufficient measures, to certify to the Secretary to revoke federal management of Gulf of Mexico red snapper. Directs the states to manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. Directs the Secretary, upon receiving the management measures certification from the Commission, to publish notice in the Federal Register revoking regulations and portions of the federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. Directs the Commission to determine at least annually whether state enforcement is satisfactory and to notify the Secretary of each negative determination. Authorizes the Secretary to close the fishery within federal waters adjacent to such a state upon receiving notice of a negative determination or a report that the state has not implemented any necessary measures to end overfishing, rebuild fisheries, or provide for data collection to monitor harvests. Directs the Secretary to report biennially to Congress on the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. | 113 S1161 IS: Gulf of Mexico Red Snapper Conservation Act of 2013 U.S. Senate 2013-06-13 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 1st Session S. 1161 IN THE SENATE OF THE UNITED STATES June 13, 2013 Ms. Landrieu Mr. Wicker Committee on Commerce, Science, and Transportation A BILL To provide for the development of a fishery management plan for the Gulf of Mexico red snapper, and for other purposes. 1. Short title This Act may be cited as the Gulf of Mexico Red Snapper Conservation Act of 2013 2. Definitions In this Act: (1) Coastal waters The term coastal waters (A) all waters, whether salt or fresh, of the Gulf coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and (B) the waters of the Gulf coastal State seaward from the baseline referred to in subparagraph (A) to the inner boundary of the exclusive economic zone 200 mile limit. (2) Commission The term Commission (3) Fishery management plan The term fishery management plan (4) Gulf coastal State The term Gulf coastal State (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (5) Gulf of Mexico red snapper The term Gulf of Mexico red snapper (6) Magnuson-Stevens Act The term Magnuson-Stevens Act 3. Transfer of management of Gulf of Mexico red snapper (a) New fishery management plan from Commission The Commission shall submit to the Secretary of Commerce a fishery management plan for Gulf of Mexico red snapper adopted by the Commission pursuant to section 4. (b) Actions by Secretary of Commerce (1) Review and certification of plan The Secretary of Commerce shall— (A) review the plan submitted pursuant to subsection (a) to determine whether or not the plan— (i) includes fishery management measures that are compatible to the extent practicable with the national standards set forth in section 301 of the Magnuson-Stevens Act (16 U.S.C. 1851) and other applicable provisions of the Magnuson-Stevens Act; and (ii) will ensure the long-term conservation of Gulf of Mexico red snapper populations; and (B) certify whether or not the Commission has submitted a fishery management plan to properly conserve and manage Gulf of Mexico red snapper consistent with this Act. (2) Revocation of superseded plan Upon receipt of a certification by the Commission under section 4(b)(2) that all of the Gulf coastal States will have sufficient management measures under section 4(b)(1), the Secretary shall publish a notice in the Federal Register revoking those regulations and portions of the Federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that are in conflict with the fishery management plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. (c) State actions Upon certification by the Secretary under subsection (b)(1) that the fishery management plan will properly conserve and manage Gulf of Mexico red snapper consistent with this Act, the Gulf coastal States shall implement all appropriate measures to manage the Gulf of Mexico red snapper resource in the adjacent coastal waters in accordance with the fishery management plan. 4. Gulf of Mexico red snapper fishery management plan (a) Commission process (1) In general The Commission shall prepare and adopt a fishery management plan to provide for the conservation and management of Gulf of Mexico red snapper and specify the requirements necessary for Gulf coastal States to be in compliance with the plan. (2) Standards and procedures Not later than one year after the date of the enactment of this Act, the Commission shall establish standards and procedures for the preparation of the fishery management plan, including standards and procedures to ensure— (A) the long-term sustainability of Gulf of Mexico red snapper based on the available science; and (B) adequate opportunity for public participation in the preparation of the fishery management plan, including at least four public hearings and procedures for the submittal to the Commission of written comments on the fishery management plan. (3) Limitation on reduction in quotas (A) In general Except as provided in subparagraph (B), the fishery management plan may not reduce the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing on the date of the enactment of this Act until the date that is 3 years after such date of enactment. Such plan may increase such a quota based on stock assessments. (B) Exception in case of a reduction in stock In the event of a reduction in the stock of Gulf of Mexico red snapper, the fishery management plan shall reduce the quota described in subparagraph (A) in a manner that ensures a sustainable harvest of Gulf of Mexico red snapper. (b) State implementation and enforcement (1) Submittal of management measures Each Gulf coastal State shall submit to the Commission management measures to ensure compliance with the conservation objectives of the fishery management plan. (2) Implementation Upon certification by the Commission that all Gulf coastal States have submitted sufficient management measures described in paragraph (1), the Commission shall certify to the Secretary of Commerce under section 3(b)(2) to revoke Federal management of Gulf of Mexico red snapper, and the Gulf coastal States shall manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. 5. Monitoring of implementation and enforcement of Gulf of Mexico red snapper fishery management plan by Gulf coastal States (a) Determination In December each year, and at any other time it considers appropriate, the Commission shall determine— (1) whether each Gulf coastal State has adopted all regulatory measures to fully implement the fishery management plan; and (2) whether the enforcement of the fishery management plan by each Gulf coastal State is satisfactory to maintain the long-term sustainability and abundance of Gulf of Mexico red snapper. (b) Satisfactory State enforcement For purposes of subsection (a)(2), enforcement by a Gulf coastal State shall not be considered satisfactory by the Commission if, in its view, such enforcement is being carried out in such a manner that the implementation of the fishery management plan within the coastal waters of the Gulf coastal State is being, or will likely be, substantially and adversely affected. (c) Notice to Secretary of Commerce of adverse determination The Commission shall immediately notify the Secretary of Commerce of each negative determination made with respect to a Gulf coastal State under subsection (a). 6. Gulf of Mexico red snapper fishery management review (a) Commission review and report on certification on certain State actions (1) Commission review of State certification Each Gulf coastal State that manages Gulf of Mexico red snapper shall submit to the Commission a certification as follows: (A) If Gulf of Mexico red snapper is undergoing overfishing or subject to a rebuilding plan, that such Gulf coastal State shall implement immediately the necessary measures to end overfishing and rebuild the fishery. (B) That such Gulf coastal State shall implement a program to provide for data collection adequate to monitor the harvest of Gulf of Mexico red snapper by such Gulf coastal State. (2) Report to Secretary Upon the review of each certification submitted to the Commission under paragraph (1), the Commission shall certify to the Secretary of Commerce whether or not the Gulf coastal State concerned is fully carrying out the matters covered by the certification. (b) Action by Secretary of Commerce Upon receipt by the Secretary of Commerce of a notice under section 5(c) or a report under subsection (a)(2) that a Gulf Coastal State is not fully complying with the matters specified in subsection (a)(1) as certified by that State pursuant to subsection (a)(1), the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the Federal waters adjacent to the Gulf coastal State. In making such a declaration the Secretary shall fully consider and review the comments of the Gulf coastal State and the Commission. (c) Actions prohibited during closure During a closure of the Gulf of Mexico red snapper fishery under subsection (b), it is unlawful for any person— (1) to engage in fishing for Gulf of Mexico red snapper within the Federal waters adjacent to the Gulf coastal State covered by the closure; (2) to land, or attempt to land, the Gulf of Mexico red snapper that is subject to the closure; or (3) to fail to return to the water the Gulf of Mexico red snapper to which the closure applies that are caught incidental to commercial harvest or in other recreational fisheries. 7. Improved studies and data collection for Gulf of Mexico red snapper (a) In general For the purposes of carrying out this Act, the Secretary of Commerce shall support the Gulf coastal States and the Commission in developing and implementing a comprehensive study on Gulf of Mexico Red Snapper. This study shall include, but shall not be limited to, the following: (1) Annual stock assessments of Gulf of Mexico red snapper. (2) The number of participants, both commercial and recreational, in the coastal waters of the Gulf coastal States that harvest Gulf of Mexico red snapper. (3) Recommendations for improved conservation and management of Gulf of Mexico red snapper. (b) Comprehensive economic analysis The Secretary of Commerce shall, in consultation with the Gulf coastal States and the Commission, conduct a comprehensive study and analysis of the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. The study shall include the following: (1) A thorough analysis of the beneficial economic impacts of industries directly related to the Gulf of Mexico red snapper fishery, including, but not limited to, boat sales, marina activity, boat construction and repair, fishing gear and tackle sales, and other closely associated industries. (2) A proper economic analysis of the downstream economic impacts of the Gulf of Mexico red snapper fishery on the economies of the Gulf coastal States, including, but not limited to, hotels, restaurants, grocery stores, related tourism, and other peripheral businesses and industries. (c) Biennial reports The Secretary of Commerce shall submit to Congress, the Gulf coastal States, and the Commission on a biennial basis a report on the progress and findings of studies conducted under subsections (a) and (b), and shall make each report available to the public. Each report shall, to the extent practicable, include recommendations on additional actions to be taken to encourage the sustainable conservation and management of the Gulf of Mexico red snapper fishery. | Gulf of Mexico Red Snapper Conservation Act of 2013 |
Fire Sprinkler Incentive Act - Amends the Internal Revenue Code to allow: (1) 100% expensing in a current taxable year of the cost of automated fire sprinkler system retrofit property, as defined by this Act; and (2) accelerated depreciation (i.e., a 15-year recovery period) of automated fire sprinkler system retrofit property that is installed in a building or structure where the floor of any occupiable story is greater than 75 feet above the lowest level of fire department vehicle access and that has a certain classification by the National Fire Protection Association. | 113 S1163 IS: Fire Sprinkler Incentive Act U.S. Senate 2013-06-13 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 1st Session S. 1163 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Carper Ms. Collins Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to include automated fire sprinkler system retrofits as section 179 property and classify certain automated fire sprinkler system retrofits as 15-year property for purposes of depreciation. 1. Short title This Act may be cited as the Fire Sprinkler Incentive Act 2. Automated fire sprinkler system retrofits treated as section 179 property (a) In general Subparagraph (B) of section 179(d)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (B) which is— (i) automated fire sprinkler system retrofit property (as defined in section 168(i)(20) determined without regard to subparagraph (A)(ii) thereof), or (ii) section 1245 property (as defined in section 1245(a)(3)), and . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 3. Classification of certain automated fire sprinkler system retrofits (a) Treatment as 15-Year property Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking and , and (x) any automated fire sprinkler system retrofit property. . (b) Applicable depreciation method Paragraph (3) of section 168(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (J) Any automated fire sprinkler system retrofit property. . (c) Alternative system The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (E)(ix) the following: (E)(x) 39 . (d) Definition of automated fire sprinkler system retrofit property Subsection (i) of section 168 (20) Automated fire sprinkler system retrofit property The term automated fire sprinkler system retrofit property (A) is installed in a building or structure which— (i) was placed in service before the date on which such sprinkler system is placed in service, and (ii) has an occupiable story the floor of which is more than 75 feet above the lowest level of fire department vehicle access, and (B) is classified under one or more of the following: (i) National Fire Protection Association 13, Installation of Sprinkler Systems. (ii) National Fire Protection Association 13 D, Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes or International Residential Code Section P2904, Dwelling Unit Fire Sprinkler Systems. (iii) National Fire Protection Association 13 R, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height. . (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | Fire Sprinkler Incentive Act |
Church Health Plan Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to include qualified church plans, established and maintained for employees or their beneficiaries, by a church or by a convention or association of churches, as qualified health plans that provide essential health benefits packages. Excludes such plans from participation in American Health Benefits Exchanges established by states. Allows such plans to: (1) differentiate premiums using methods and criteria consistent with those used to assess charges and payments to other qualified health plans based on PPACA risk adjustment requirements and regulations concerning rates and payments, and (2) develop additional methods and criteria to define and account for the actuarial risk associated with the prohibition against qualified church plans enrolling a larger number and more diverse pool of enrollees as long as such additional methods and criteria are consistent with the risk adjustment methods. Provides standards for deeming an employer participating in such a plan as an eligible small employer for purposes of the income tax credit for employee health insurance expenses. Deems an individual receiving minimum essential coverage under such a plan to: (1) satisfy the individual responsibility requirements of the Internal Revenue Code, and (2) qualify for premium tax credits and reductions in cost-sharing if the household income requirements are met. | 113 S1164 IS: Church Health Plan Act of 2013 U.S. Senate 2013-06-13 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 1st Session S. 1164 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Pryor Mr. Coons Committee on Finance A BILL To amend the Patient Protection and Affordable Care Act to clarify provisions with respect to church plans. 1. Short title This Act may be cited as the Church Health Plan Act of 2013 2. Church plans as qualified health plans (a) In general Section 1301(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2), the following: (3) Inclusion of qualified church plans (A) In general Any reference in this title to a qualified health plan shall be deemed to include a qualified church plan, unless specifically provided for otherwise. (B) Requirements of qualified church plans A qualified church plan is a church plan, as defined in section 414(e) of the Internal Revenue Code of 1986, that— (i) is a welfare plan, as defined in section 2(c) of Public Law 106–244 (ii) provides an essential health benefits package, as defined in section 1302(a); (iii) complies with the requirements under sections 2703, 2706, 2708, 2709, 2711, 2712, 2713, 2714, 2715, 2719, and 2719A of the Public Health Service Act; (iv) prohibits exclusions based on preexisting conditions or other health status, and prohibits discrimination against individual participants and beneficiaries based on health status for the purposes of enrollment, within the meaning of sections 2704 and 2705 of the Public Health Service Act, except as provided under subparagraph (C)(ii); and (v) limits, on average, the ratio of incurred losses plus loss adjustment expenses to earned premiums, within the meaning of section 2718 of the Public Health Service Act, as calculated across the entire church plan, except that, for purposes of this paragraph, earned premiums include payments by, or on behalf of, employees of a church, as defined in 414(e)(3)(B) of the Internal Revenue Code of 1986. (C) Exclusion of qualified church plans from American health benefit exchanges (i) In general A qualified church plan may not participate in an American Health Benefit Exchange established by a State under section 1311(b) or by the Secretary of Health and Human Services (referred to in this paragraph as the Secretary (ii) Premiums A qualified church plan may differentiate premiums using methods and criteria consistent with those that the Secretary uses to assess charges and payments to other qualified health plans based on the actuarial risks of enrollees of such plans pursuant to section 1343 and those described in section 422.308 section 422.308 (D) Deemed status of qualified church plans A qualified church plan shall be deemed to be— (i) minimum essential coverage under an eligible employer-sponsored plan, as defined under section 5000A(f)(2) of the Internal Revenue Code of 1986; and (ii) for the purposes of subparagraph (F), equivalent to a health plan offered through an American Health Benefit Exchange, within the meaning of section 1311(b). (E) Employers participating in qualified church plans (i) Eligible small employers An employer participating in a qualified church plan shall be deemed an eligible small employer under section 45R(d) of the Internal Revenue Code of 1986, if— (I) the employer has not more than 25 full-time equivalent employees, as defined under section 45R(d)(2) of the Internal Revenue Code of 1986, for the taxable year; and (II) the average annual wages of such full-time equivalent employees do exceed an amount equal to twice the dollar amount in effect under section 45R(d)(3)(B) of the Internal Revenue Code of 1986 for the taxable year, and if no employee of the employer who is enrolled in the qualified church plan receives premium tax credits or reductions in cost-sharing under subparagraph (F). (ii) No exclusion from wages Any employer participating in a qualified church plan shall not exclude from wages and other compensation, for any individual receiving premium tax credits under section 1401, any employer contribution for minimum essential coverage under a qualified church plan under section 106 of the Internal Revenue Code of 1986. (iii) Employers participating in qualified church plans Any employer participating in a qualified church plan shall be deemed to be a religious employer section 147.131 (F) Premium tax credits, reductions in cost-sharing, and qualified church plans An individual receiving minimum essential coverage under a qualified church plan— (i) shall be deemed to satisfy the individual responsibility requirements under section 5000A of the Internal Revenue Code of 1986; (ii) shall be deemed to qualify as an applicable taxpayer eligible to receive premium tax credits under section 1401, if the individual’s household income for the taxable year equals or exceeds 100 percent but does not exceed 400 percent of an amount equal to the poverty line for a family of the size involved; and (iii) shall be deemed to qualify as an eligible insured eligible to receive reductions in cost-sharing under section 1402(b), if the individual’s household income exceeds 100 percent but does not exceed 400 percent of the poverty line for a family of the size involved. (G) Regulations The Secretary and the Secretary of the Treasury shall promulgate regulations— (i) under subparagraph (E) to ensure that an eligible small employer offering a qualified church plan receives the same tax credit as any other eligible small employer under section 45R of the Internal Revenue Code of 1986; (ii) under subparagraph (F)(ii) to ensure that an applicable taxpayer receiving minimum essential coverage under a qualified church plan receives the same premium tax credit as any other applicable taxpayer under section 1401; (iii) under subparagraph (F)(iii) to ensure that an eligible insured receiving minimum essential coverage under a qualified church plan receives the same reduction in cost-sharing as any other eligible insured under section 1402; and (iv) providing church plans sufficient opportunity to make appropriate transitions in order to meet the definition of qualified church plan under subparagraph (B). . (b) Effective date The amendments made by this Act shall take effect as if enacted as part of the Patient Protection and Affordable Care Act ( Public Law 111–148 | Church Health Plan Act of 2013 |
Access to Appropriate Immunizations for Veterans Act of 2013 - Includes within authorized preventive health services available to veterans through the Department of Veterans Affairs (VA) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule established by the Advisory Committee on Immunization Practices. Requires the inclusion, in an annual report from the Secretary of Veterans Affairs on VA preventive health services, of programs conducted to ensure that veterans have received each immunization on such immunization schedule at the appropriate time. Directs the Secretary to develop and implement quality measures and metrics to ensure that veterans receiving VA medical services receive each immunization at the time indicated on the schedule. Requires statistics related to such quality measures and metrics to be included in the annual report described above. Provides deadlines for the establishment and implementation of the measures and metrics. | 113 S1165 IS: Access to Appropriate Immunizations for Veterans 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 113th CONGRESS 1st Session S. 1165 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Tester Mr. Pryor Mr. Begich Mr. Wyden Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for certain requirements relating to the immunization of veterans, and for other purposes. 1. Short title This Act may be cited as the Access to Appropriate Immunizations for Veterans Act of 2013 2. Ensuring veteran access to appropriate immunizations (a) Inclusion of recommended adult vaccinations as medical services (1) Covered benefit Subparagraph (F) of section 1701(9) (F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; . (2) Definition Section 1701 of such title is amended by adding after paragraph (9) the following new paragraph: (10) The term recommended adult immunization schedule . (b) Report to Congress Section 1704(1)(A) of such title is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by inserting after clause (ii) the following new clause: (iii) to ensure that veterans have received each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. . (c) Assurance that administration of vaccinations constitutes appropriate management and cost-Effective delivery of health care services (1) In general Section 1706(a) of such title is amended— (A) by striking In managing the provision (1) In managing the provision (B) by adding at the end the following new paragraph: (2) (A) In managing the provision of medical services under such section, the Secretary shall develop and implement quality measures and metrics to ensure that veterans receiving medical services under this title receive each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. (B) Quality measures and metrics developed and implemented under subparagraph (A) shall include targets for compliance. (C) The Secretary shall, to the maximum extent feasible, develop and implement measures and metrics required by subparagraph (A) concurrently and consistently with the metrics in place, as of the date of the enactment of this paragraph, with respect to influenza and pneumococcal vaccinations. . (2) Report to Congress Section 1704(1) of such title is amended by adding at the end the following new subparagraph: (H) Statistics related to the quality measures and metrics developed and implemented under section 1706(a)(2) of this title. . (3) Effective dates (A) Development of initial schedule The Secretary shall establish the quality measures and metrics described in paragraph (2) of section 1706(a) of such title, as added by paragraph (1), through notice and comment rulemaking. The Secretary shall publish in the Federal Register proposed measures and metrics by no later than July 1, 2013, and shall finalize such measures and metrics by no later than December 31, 2013. (B) Implementation of measures and metrics The Secretary shall implement paragraph (2) of such section on January 1, 2014. (C) Report to Congress Subparagraph (H) of paragraph (1) of section 1704 of such title, as added by paragraph (2), shall apply with respect to the first report submitted under such section after January 1, 2014. | Access to Appropriate Immunizations for Veterans Act of 2013 |
Elko Motocross and Tribal Conveyance Act - Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, all right, title, and interest of the United States in and to approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, as depicted on the map as "Elko Motocross Park." Requires the land conveyed to be used only: (1) as a motocross, bicycle, off-highway vehicle, or stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act. Holds approximately 373 acres of BLM administered land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation. Prohibits class II or III gaming on such land. Limits the use of such land to: (1) traditional and customary uses, (2) stewardship conservation for the benefit of the Tribe, and (3) residential or recreational development. Requires the Tribe to pay the Secretary of the Interior the fair market value of any portion of such land used for another purpose. | 113 S1167 IS: Elko Motocross and Tribal Conveyance Act U.S. Senate 2013-06-13 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 1st Session S. 1167 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Heller Mr. Reid Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Elko Motocross and Tribal Conveyance Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Elko Motocross Land Conveyance Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II—Elko Indian Colony Expansion Sec. 201. Definitions. Sec. 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Sec. 203. Authorization of appropriations. 2. Definition of Secretary In this Act, the term Secretary I Elko Motocross land conveyance 101. Definitions In this title: (1) City The term city (2) County The term county (3) Map The term map Elko Motocross Park 102. Conveyance of land to county (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, the Secretary shall convey to the county, 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 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park (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 as a motocross, bicycle, off-highway vehicle, or stock car racing area, or 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 43 U.S.C. 869 et seq. (e) Administrative costs The Secretary shall require the county 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. II Elko Indian Colony expansion 201. Definitions In this title: (1) Map The term map Te-moak Tribal Land Expansion (2) Tribe The term Tribe 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (a) In general Subject to valid existing rights, 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 and use 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 approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as Lands to be Held in Trust (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Conditions (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) Use of trust land (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; or (iii) residential or recreational development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Use of funds Any amounts received by the Secretary under subparagraph (B) shall be— (i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(a) (ii) used in accordance with that Act. (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management. 203. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title. | Elko Motocross and Tribal Conveyance Act |
Restore Our Privacy Act - Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the Director of the Federal Bureau of Investigation (FBI) to apply for an order requiring the production of any tangible things only: (1) for an investigation to obtain foreign intelligence information not concerning a U.S. person; or (2) for an investigation concerning international terrorism (currently, to protect against international terrorism or clandestine intelligence activities). Requires the application for such an order to include specific and articulable facts giving reason to believe (currently, a statement of facts showing that there are reasonable grounds to believe) that each tangible thing sought is relevant to an authorized investigation. Eliminates as presumptively relevant to such an investigation tangible things that pertain to an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation. Requires the judge, for each tangible thing to be released, to enter a finding that the Director has presented specific and articulable facts giving reason to believe that the thing is relevant to an authorized investigation (other than a threat assessment). Requires the Attorney General to: (1) fully inform Congress semiannually (currently, annually) concerning the total number of applications made for orders approving requests for the production of tangible things and the total number of such orders either granted, modified, or denied; (2) include in such information a description with respect to each application of the specific purpose for such production and an analysis of the effectiveness of each application that was granted or modified in protecting U.S. citizens against terrorism; and (3) make such information available to the public in a manner consistent with the protection of national security. | 113 S1168 IS: Restore Our Privacy Act U.S. Senate 2013-06-13 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 1st Session S. 1168 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Sanders Committee on the Judiciary A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to limit overbroad surveillance requests and expand reporting requirements and for other purposes. 1. Short title This Act may be cited as the Restore Our Privacy Act 2. Limiting overbroad surveillance requests Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (1) in subsection (a)(1), by striking to protect against international terrorism or clandestine intelligence activities, for an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation, (2) in subsection (b)(2)(A)— (A) in the matter preceding clause (i)— (i) by striking a statement of facts showing that there are reasonable grounds specific and articulable facts giving reason (ii) by inserting each of the tangible things (iii) by striking are is (iv) by striking to protect against international terrorism or clandestine intelligence activities, an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation, (B) in clause (i), by adding or (C) in clause (ii), by striking or and (D) by striking clause (iii); and (3) in subsection (c)(1), after “the release of tangible things.” by inserting For each tangible thing to be released, the judge shall enter a finding that the Director of the Federal Bureau of Investigation or the Director’s designee has presented specific and articulable facts giving reason to believe that the thing is relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) of this section to obtain foreign intelligence information not concerning a United States person or an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation. 3. Expansion of reporting requirements under FISA Section 502 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1862 (a) On a semiannual basis, the Attorney General shall fully inform Congress concerning all requests for the production of tangible things under section 501, including with respect to the preceding 6-month period— (1) the total number of applications made for orders approving requests for the production of tangible things under section 501; and (2) the total number of such orders either granted, modified, or denied. (b) In informing Congress under subsection (a), the Attorney General shall include the following: (1) A description with respect to each application for an order requiring the production of any tangible things for the specific purpose for such production. (2) An analysis of the effectiveness of each application that was granted or modified in protecting citizens of the United States against terrorism. (c) In a manner consistent with the protection of the national security of the United States, the Attorney General shall make available to the public the information provided to Congress under subsection (a). . | Restore Our Privacy Act |
Medicare Prescription Drug Price Negotiation Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to negotiate with pharmaceutical manufacturers the prices that may be charged to Medicare part D prescription drug plan (PDP) sponsors and MedicareAdvantage (MA) organizations for covered part D drugs for part D eligible individuals who are enrolled under a PDP or under an MA-Prescription Drug (MA-PD) plan. | 113 S117 IS: Medicare Prescription Drug Price Negotiation 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. 117 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Ms. Klobuchar Mr. Begich Mr. Franken Mr. Johnson of South Dakota Mr. Sanders Mrs. Shaheen Committee on Finance A BILL To amend part D of title XVIII of the Social Security Act to require the Secretary of Health and Human Services to negotiate covered part D drug prices on behalf of Medicare beneficiaries. 1. Short title This Act may be cited as the Medicare Prescription Drug Price Negotiation Act of 2013 2. Negotiation of lower covered part D drug prices on behalf of Medicare beneficiaries (a) Negotiation by Secretary Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following: (i) Negotiation of Lower Drug Prices (1) In general Notwithstanding any other provision of law, the Secretary shall negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for covered part D drugs for part D eligible individuals who are enrolled under a prescription drug plan or under an MA–PD plan. (2) No change in rules for formularies (A) In general Nothing in paragraph (1) shall be construed to authorize the Secretary to establish or require a particular formulary. (B) Construction Subparagraph (A) shall not be construed as affecting the Secretary’s authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA–PD plans, including compliance of such plans with formulary requirements under section 1860D–4(b)(3). (3) Construction Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1). (4) Semi-annual reports to congress Not later than June 1, 2014, and every 6 months thereafter, the Secretary shall submit to the Committees on Ways and Means, Energy and Commerce, and Oversight and Government Reform of the House of Representatives and the Committee on Finance of the Senate a report on negotiations conducted by the Secretary to achieve lower prices for Medicare beneficiaries, and the prices and price discounts achieved by the Secretary as a result of such negotiations. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2014. | Medicare Prescription Drug Price Negotiation Act of 2013 |
Youth Jobs Act - Establishes in the Treasury the Youth Jobs Fund, with an initial appropriation of $3 billion for FY2014. Requires the Secretary of Labor to make certain Fund allocations to each state with an approved workforce investment system plan modification, other specified requests for funds, and Native American program grantees to provide summer and year-round employment opportunities to low-income youth. Requires the Secretary to award allocations and competitive grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed, low-income young adults and low-income youths with skills that will lead to employment. Subjects activities funded under this Act to federal labor standards and nondiscrimination protections. | 113 S1170 IS: Youth Jobs Act U.S. Senate 2013-06-13 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 1st Session S. 1170 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To provide for youth jobs, and for other purposes. 1. Short title This Act may be cited as the Youth Jobs Act 2. Establishment of Youth Jobs Fund (a) Establishment There is established in the Treasury of the United States an account that shall be known as the Youth Jobs Fund (referred to in this Act as the Fund (b) Deposits into the fund Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $3,000,000,000 for fiscal year 2014, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Availability of funds Of the amounts available to the Fund under subsection (b), the Secretary of Labor shall— (1) allot $1,500,000,000 in accordance with section 3 to provide summer and year-round employment opportunities to low-income youth; and (2) award $1,500,000,000 in allotments and competitive grants in accordance with section 4 to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income young adults and low-income youth to provide the skills and assistance needed to obtain employment. (d) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor until December 31, 2014, and shall be available for expenditure by grantees (including subgrantees) until September 30, 2015. 3. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 2(c)(1), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 State plan modification Native American grantee (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 local plan modification (B) the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote such implementation. (3) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) In general Using the funds described in subsection (a), the Secretary of Labor shall allot to each State the total of the amounts assigned to the State under subparagraphs (A) and (B) of paragraph (2). (2) Assignments to States (A) Minimum amounts Using funds described in subsection (a), the Secretary of Labor shall assign to each State an amount equal to ½ of 1 percent of such funds. (B) Formula amounts The Secretary of Labor shall assign the remainder of the funds described in subsection (a) among the States by assigning— (i) one-half on the basis of the relative number of young unemployed individuals in areas of substantial youth unemployment in each State, compared to the total number of young unemployed individuals in areas of substantial youth unemployment in all States; and (ii) one-half on the basis of the relative number of disadvantaged young adults and youth in each State, compared to the total number of disadvantaged young adults and youth in all States. (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(A), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under sections 2(c)(2) and 4(b)(2). (4) Definitions For purposes of paragraph (2): (A) Area of substantial youth unemployment The term area of substantial youth unemployment (B) Disadvantaged young adult or youth The term disadvantaged young adult or youth (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Young unemployed individual The term young unemployed individual (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the State will apply relating to the eligibility of low-income youth, consistent with section 2(4), for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 5(b); (D) a description of the timelines for implementation of the strategies and activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; (E) assurances that the State will report such information, relating to fiscal, performance, and other matters, as the Secretary may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (G) if a local board and chief elected official in the State will provide employment opportunities with the link to training and educational activities described in subsection (f)(2)(B), a description of how the training and educational activities will lead to the industry-recognized credential involved. (2) Submission and approval of State plan modification or request (A) Submission The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. (B) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within that 30-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local workforce investment areas within the State in accordance with clauses (i) and (ii) of subsection (c)(2)(B), except that for purposes of such allocation references to a State in subsection (c)(2)(B) shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a local plan modification, or such other request for funds by local workforce investment areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local workforce investment area within 30 days after such approval. (3) Reallocation If a local workforce investment board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this paragraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local workforce investment areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants an industry-recognized certificate or credential (referred to in this Act as an industry-recognized credential (3) Administration Not more than 5 percent of the funds allocated to a local workforce investment area under this section may be used for the costs of administration of this section. (4) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 4. Work-based employment strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 2(c)(2), the Secretary of Labor shall make allotments to States, and award grants to eligible entities, under subsection (b) to carry out work-based strategies and activities of demonstrated effectiveness. (b) Allotments and grants (1) Allotments to States for grants (A) Allotments Using funds described in subsection (a), the Secretary of Labor shall allot to each State an amount equal to ½ of 1 percent of such funds. (B) Grants to eligible entities The State shall use the funds to award grants, on a competitive basis, to eligible entities in the State. (2) Direct grants to eligible entities Using the funds described in subsection (a) that are not allotted under paragraph (1), the Secretary of Labor shall award grants on a competitive basis to eligible entities. (c) Eligible entity To be eligible to receive a grant under this section, an entity— (1) shall include— (A) a partnership involving a chief elected official and the local workforce investment board for the local workforce investment area involved (which may include a partnership with such elected officials and workforce investment boards and State elected officials and State boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; or (F) other appropriate organizations. (d) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor (or to the State, if applying for a grant under subsection (b)(1)(B)) an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income young adults and low-income youth, consistent with section 2, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local workforce investment area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State and local programs providing employment, education and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the eligible entity will report such information relating to fiscal, performance, and other matters, as the Secretary of Labor may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (10) if the entity will provide activities described in subsection (f)(4), a description of how the activities will lead to the industry-recognized credentials involved. (e) Priority in awards In awarding grants under this section, the Secretary of Labor (or a State, under subsection (b)(1)(B)) shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census. (f) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support work-based strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work-experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short-term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and in-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled individuals who are not younger than 16 but are younger than 25, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local workforce investment area. (g) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 5. General requirements (a) Labor standards and protections Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 29 U.S.C. 2938 (b) Reporting The Secretary of Labor may require the reporting of information relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants (including recipients of subgrants) under this Act shall provide information relating to— (1) the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under this Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes for individuals participating in activities under this Act, including— (A) for low-income youth participating in summer employment activities under sections 3 and 4, performance on indicators consisting of— (i) work readiness skill attainment using an employer validated checklist; (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (B) for low-income youth participating in year-round employment activities under section 3 or in activities under section 4, performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into, retention in, and earnings in, unsubsidized employment; and (C) for unemployed, low-income young adults participating in activities under section 4, performance on indicators consisting of— (i) entry into, retention in, and earnings in, unsubsidized employment; and (ii) attainment of an industry-recognized credential. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local workforce investment area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and the appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b). 6. Definitions In this Act: (1) Chief elected official The term chief elected official 29 U.S.C. 2832(c)(1)(B) (2) Local workforce investment area The term local workforce investment area 29 U.S.C. 2831 (3) Local workforce investment board The term local workforce investment board 29 U.S.C. 2832 (4) Low-income youth The term low-income youth (A) is not younger than 16 but is younger than 25; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) (i) States and local workforce investment areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 3; and (ii) eligible entities described in section 4(c), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 4; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) (5) Poverty line The term poverty line (6) Registered apprenticeship program The term registered apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (7) State The term State (8) Unemployed, low-income young adult The term unemployed, low-income young adult (A) is not younger than 18 but is younger than 35; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) | Youth Jobs Act |
Law Enforcement Officers Retirement Equity Act of 2013 - Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, and (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before, on, or after enactment of this Act to be treated for federal retirement purposes as service performed as such an officer if an appropriate written election is submitted to the Office of Personnel Management (OPM) not later than the earlier of the date that is five years after enactment of this Act and the day before the date on which the incumbent separates from government service. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period following enactment. | 113 S1172 IS: Law Enforcement Officers Retirement Equity Act of 2013 U.S. Senate 2013-06-18 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. 1172 IN THE SENATE OF THE UNITED STATES June 18, 2013 Ms. Mikulski Committee on Homeland Security and Governmental Affairs A BILL To amend the definition of a law enforcement officer under subchapter III of chapter 83 and chapter 84 of title 5, United States Code, respectively, to ensure the inclusion of certain positions. 1. Short title This Act may be cited as the Law Enforcement Officers Retirement Equity Act of 2013 2. Amendments (a) Federal employees’ retirement system (1) In general Section 8401(17) of title 5, United States Code, is amended— (A) in subparagraph (C), by striking and (B) by adding at the end the following: (E) an employee (not otherwise covered by this paragraph)— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; and (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns; . (2) Conforming amendment Section 8401(17)(C) of title 5, United States Code, is amended by striking (A) and (B) (A), (B), (E), or (F) (b) Civil service retirement system Section 8331(20) of title 5, United States Code, is amended in the matter preceding subparagraph (A) by inserting after position. For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before including (c) Effective date Except as provided in section 3, the amendments made by this section shall take effect on the date of enactment of this Act, and shall apply only in the case of any individual first appointed (or seeking to be first appointed) as a law enforcement officer (within the meaning of those amendments) on or after such date. 3. Treatment of service performed by incumbents (a) Law enforcement officer and service described (1) Law enforcement officer Any reference to a law enforcement officer described in this subsection refers to an individual who satisfies the requirements under section 8331(20) 8401(17) (2) Service Any reference to service described in this subsection refers to service performed as a law enforcement officer as described in this subsection. (b) Incumbent and prior service defined (1) Incumbent For purposes of this section, the term incumbent (A) is first appointed as a law enforcement officer as described in subsection (a) before the date of enactment of this Act; and (B) is serving as such a law enforcement officer on such date. (2) Prior service For purposes of this section, the term prior service (c) Treatment of service performed by incumbents (1) In general Except as provided in paragraph (2), service described in subsection (a) which is performed by an incumbent on or after the date of enactment of this Act shall be treated for all purposes as service performed as a law enforcement officer (within the meaning of section 8331(20) 8401(17) (2) Retirement Service described in subsection (a) which is performed by an incumbent before, on, or after the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer (within the meaning of such section 8331(20) or 8401(17), as appropriate) if an appropriate written election is submitted to the Office of Personnel Management not later than the earlier of— (A) the date that is 5 years after the date of enactment of this Act; and (B) the day before the date on which the incumbent separates from Government service. (d) Individual contributions for prior service (1) In general An individual who makes an election under subsection (c)(2) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) (e) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (c)(2), the agency in or under which that individual was serving at the time of any prior service shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under paragraph (2) with respect to such service. (2) Amount required The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (b)(2). (f) Exemption from mandatory separation Nothing in section 8335(b) 8425(b) (g) Regulations The Office of Personnel Management shall prescribe regulations to carry out this Act, including— (1) provisions in accordance with which interest on any amount under subsection (d) or (e) shall be computed, based on section 8334(e) (2) provisions for the application of this section in the case of— (A) any individual who— (i) satisfies subsection (b)(1)(A) and does not satisfy subsection (b)(1)(B); and (ii) serves as a law enforcement officer as described in subsection (a) after the date of enactment of this Act; and (B) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual under subparagraph (A), who dies before making an election under subsection (c)(2)), to the extent of any rights that would then be available to the decedent (if still living). (h) Rule of construction Nothing in this section shall be considered to apply in the case of a reemployed annuitant. | Law Enforcement Officers Retirement Equity Act of 2013 |
Independent Agency Regulatory Analysis Act of 2013 - Authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Administrator of the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule (i.e., a rule that is likely to have an annual effect on the economy of $100 million or more and is likely to adversely affect sectors of the economy in a material way) and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Administrator for review any proposed or final economically significant rule. Prohibits judicial review of the compliance or noncompliance of an independent regulatory agency with the requirements of this Act. | 113 S1173 IS: Independent Agency Regulatory Analysis Act of 2013 U.S. Senate 2013-06-18 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. 1173 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mr. Portman Mr. Warner Ms. Collins Committee on Homeland Security and Governmental Affairs A BILL To affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, and for other purposes. 1. Short title This Act may be cited as the Independent Agency Regulatory Analysis Act of 2013 2. Definitions In this Act— (1) the term Administrator (2) the term agency section 3502(1) (3) the term economically significant rule (A) have an annual effect on the economy of $100,000,000 or more; or (B) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (4) the term independent regulatory agency (5) the term rule (A) means a rule, as that term is defined in section 551 (B) does not include a rule of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee relating to monetary policy. 3. Regulatory analysis by independent agencies (a) In general The President may by Executive order require an independent regulatory agency to comply, to the extent permitted by law, with regulatory analysis requirements applicable to other agencies, including the requirements to— (1) identify the problem that the agency intends to address by a new rule (including, where applicable, the failures of private markets or public institutions that warrant new agency action) and assess the significance of that problem; (2) examine whether any existing rule (or other law) has created, or contributed to, the problem that a new rule is intended to correct and whether the existing rule (or other law) should be modified to achieve the intended goal of the new rule more effectively; (3) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, or providing information upon which choices can be made by the public; (4) consider to the extent reasonable in setting regulatory priorities, the degree and nature of the risks posed by various substances or activities within its jurisdiction; (5) design its rules in the most cost-effective manner to achieve the regulatory objective and, in doing so, consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the Federal Government, regulated entities, and the public), flexibility, distributive impacts, and equity; (6) assess the costs and the benefits of the intended rule and, recognizing some costs and benefits are difficult to quantify, propose or adopt a rule only upon a reasoned determination that the benefits of the rule justify its costs; (7) base its rulemaking decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended rule; (8) identify and assess alternative forms of regulation and, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; (9) seek the views of appropriate State, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect State, local, or tribal governmental entities, whenever feasible; (10) avoid rules that are inconsistent or incompatible with, or duplicative of, other rules of the independent regulatory agency or other agencies; (11) tailor rules to impose the least burden on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with achieving the regulatory objectives, and taking into account, among other factors, and to the extent practicable, the cost of cumulative rules; (12) draft each rule to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from uncertainty; and (13) periodically review its existing economically significant rules to determine whether any such rules should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives. (b) Economically significant rules For any proposed or final rule identified by an independent regulatory agency as, or determined by the Administrator to be, an economically significant rule, the President may by Executive order require the independent regulatory agency to provide to the Administrator and publish with the proposed and final rule the following information, to the extent permitted by law: (1) An assessment, including the underlying analysis, of benefits anticipated from the rule together with, to the extent feasible, a quantification of those benefits. (2) An assessment, including the underlying analysis, of costs anticipated from the rule together with, to the extent feasible, a quantification of those costs. (3) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the rule, identified by the agencies or the public, including improving existing regulations and reasonably viable nonregulatory actions, and an explanation why the planned regulatory action is preferable to the identified potential alternatives. (c) Review by office of information and regulatory affairs (1) Requirement to seek review The President may, by Executive order, require an independent regulatory agency to submit to the Administrator for review— (A) any proposed economically significant rule, either prior to publication of the notice of proposed rulemaking or, if the head of the independent regulatory agency elects, during the general public comment period; and (B) any final economically significant rule, prior to publication of the final rule. (2) Nonbinding assessment An Executive order issued under this Act may require that, not later than 90 days after the independent regulatory agency submits a proposed or final economically significant rule for review, the Administrator submit for inclusion in the rulemaking record the Administrator’s assessment of the extent to which the agency has complied with any of the regulatory analysis requirements made applicable by Executive order. (3) Determination and explanation by independent agency An Executive order issued under this Act may require that, if the Administrator concludes under paragraph (2) that the independent regulatory agency did not comply with one or more requirements of the Executive order with respect to a proposed or final economically significant rule, the head of the agency that issued the economically significant rule shall include with the final rule— (A) a determination that the rule complies with the specified requirement or requirements and an explanation of that determination; and (B) if applicable, an explanation why the independent regulatory agency did not comply with one or more of the specified requirements, based on the statutory provision authorizing the rule. 4. Limitation on judicial review (a) In general The compliance or noncompliance of an independent regulatory agency with the requirements of an Executive order issued under this Act shall not be subject to judicial review. (b) Agency record When an action for judicial review of a rule promulgated by an independent regulatory agency is instituted, any determination, analysis, or explanation produced by the agency, and any assessment produced by the Administrator, pursuant to an Executive order issued under this Act, shall constitute part of the whole record of agency action in connection with the review. (c) Rule of construction Nothing in this section shall be construed to bar judicial review of any other impact statement or similar analysis required by any other provision of law if judicial review of such statement or analysis is otherwise permitted by law. 5. Rule of construction Nothing in this Act shall be construed to limit the authority of the President with respect to independent regulatory agencies under any other applicable law. | Independent Agency Regulatory Analysis Act of 2013 |
Infrastructure Facilitation and Habitat Conservation Act of 2013 - Requires the Secretary of the Treasury (Secretary) to establish a program to provide loans and loan guarantees to enable state political subdivisions to acquire interests in real property pursuant to habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973. Requires the Secretary to: (1) submit loan applications for the Secretary of the Interior's review, which shall include a determination that the subdivision has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts; and (2) give preference to such subdivisions located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans. | 113 S1175 IS: Infrastructure Facilitation and Habitat Conservation Act of 2013 U.S. Senate 2013-06-18 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. 1175 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mrs. Feinstein Committee on Environment and Public Works A BILL To require the Secretary of the Treasury to establish a program to provide loans and loan guarantees to enable eligible public entities to acquire interests in real property that are in compliance with habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973, and for other purposes. 1. Short title This Act may be cited as the Infrastructure Facilitation and Habitat Conservation Act of 2013 2. Conservation loan and loan guarantee program (a) Definitions In this section: (1) Eligible public entity The term eligible public entity (A) a duly established town, township, or county; (B) an entity established for the purpose of regional governance; (C) a special purpose entity; and (D) a joint powers authority, or other entity certified by the Governor of a State, to have authority to implement a habitat conservation plan pursuant to section 10(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a) (2) Program The term program (3) Secretary The term Secretary (b) Loan and loan guarantee program (1) Establishment As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program to provide loans and loan guarantees to eligible public entities to enable eligible public entities to acquire interests in real property that are acquired pursuant to habitat conservation plans approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 (2) Application; approval process (A) Application (i) In general To be eligible to receive a loan or loan guarantee under the program, an eligible public entity shall submit to the Secretary an application at such time, in such form and manner, and including such information as the Secretary may require. (ii) Solicitation of applications Not less frequently than once per calendar year, the Secretary shall solicit from eligible public entities applications for loans and loan guarantees in accordance with this section. (B) Approval process (i) Submission of applications to Secretary of the Interior As soon as practicable after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall submit the application to the Secretary of the Interior for review. (ii) Review by Secretary of the Interior (I) Review As soon as practicable after the date of receipt of an application by the Secretary under clause (i), the Secretary of the Interior shall conduct a review of the application to determine whether— (aa) the eligible public entity is implementing a habitat conservation plan that has been approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 (bb) the habitat acquisition program of the eligible public entity would very likely be completed; and (cc) the eligible public entity has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts. (II) Report to Secretary Not later than 60 days after the date on which the Secretary of the Interior receives an application under subclause (I), the Secretary of the Interior shall submit to the Secretary a report that contains— (aa) an assessment of each factor described in subclause (I); and (bb) a recommendation regarding the approval or disapproval of a loan or loan guarantee to the eligible public entity that is the subject of the application. (III) Consultation with Secretary of Commerce To the extent that the Secretary of the Interior considers to be appropriate to carry out this clause, the Secretary of the Interior may consult with the Secretary of Commerce. (iii) Approval by Secretary (I) In general Not later than 120 days after receipt of an application under subparagraph (A), the Secretary shall approve or disapprove the application. (II) Factors In approving or disapproving an application of an eligible public entity under subclause (I), the Secretary may consider— (aa) whether the financial plan of the eligible public entity for habitat acquisition is sound and sustainable; (bb) whether the eligible public entity has the ability to repay a loan or meet the terms of a loan guarantee under the program; (cc) any factor that the Secretary determines to be appropriate; and (dd) the recommendation of the Secretary of the Interior. (III) Preference In approving or disapproving applications of eligible public entities under subclause (I), the Secretary shall give preference to eligible public entities located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans, as determined by the Secretary in cooperation with the Secretary of the Interior. (C) Administration of loans and loan guarantees (i) Report to Secretary of the interior Not later than 60 days after the date on which the Secretary approves or disapproves an application under subparagraph (B)(iii), the Secretary shall submit to the Secretary of the Interior a report that contains the decision of the Secretary to approve or disapprove the application. (ii) Duty of Secretary As soon as practicable after the date on which the Secretary approves an application under subparagraph (B)(iii), the Secretary shall— (I) establish the loan or loan guarantee with respect to the eligible public entity that is the subject of the application (including such terms and conditions as the Secretary may prescribe); and (II) carry out the administration of the loan or loan guarantee. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary. (d) Termination of authority The authority under this section shall terminate on the date that is 10 years after the date of enactment of this Act. | Infrastructure Facilitation and Habitat Conservation Act of 2013 |
Remittance Status Verification Act of 2013 - Amends the Electronic Fund Transfer Act to require a remittance transfer provider, before initiating a transfer, to request from the sender of a remittance whose recipient is located in a country other than the United States proof of the sender's status under U.S. immigration laws. Cites admissible documentation attesting to the sender's status, including a state-issued driver's license or federal passport. Directs a remittance transfer provider to impose, upon any sender unable to provide such proof of status, a fine equal to 7% of the U.S. dollar amount to be transferred. Requires submission to the Consumer Financial Protection Bureau (CFPB) of all fines imposed and collected by a remittance transfer provider in order to pay the administrative and enforcement costs of implementing this Act. Requires the Comptroller General (GAO) to study the effects of the enactment of this Act. | 113 S1176 IS: Remittance Status Verification Act of 2013 U.S. Senate 2013-06-18 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. 1176 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mr. Vitter Committee on Banking, Housing, and Urban Affairs A BILL To impose a fine with respect to international remittance transfers if the sender is unable to verify legal status in the United States, and for other purposes. 1. Short title This Act may be cited as the Remittance Status Verification Act of 2013 2. Status verification for remittance transfers Section 919 of the Electronic Fund Transfer Act (relating to remittance transfers) ( 12 U.S.C. 1692o–1 (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Status verification of sender (1) Request for proof of status (A) In general Each remittance transfer provider shall request from each sender of a remittance transfer, the recipient of which is located in any country other than the United States, proof of the status of that sender under the immigration laws, prior to the initiation of the remittance transfer. (B) Acceptable documentation Acceptable documentation of the status of the sender under this paragraph— (i) shall be, in any State that requires proof of legal residence— (I) a State-issued driver's license or Federal passport; or (II) the same documentation as required by the State for proof of identity for the issuance of a driver’s license, or as required for a passport; (ii) shall be, in any State that does not require proof of legal residence, such documentation as the Bureau shall require, by rule; and (iii) does not include any matricula consular card. (2) Fine for noncompliance Each remittance transfer provider shall impose on any sender who is unable to provide the proof of status requested under paragraph (1) at the time of transfer, a fine equal to 7 percent of the United States dollar amount to be transferred (excluding any fees or other charges imposed by the remittance transfer provider). (3) Submission of fines to Bureau All fines imposed and collected by a remittance transfer provider under paragraph (2) shall be submitted to the Bureau, in such form and in such manner as the Bureau shall establish, by rule. (4) Administrative and enforcement costs The Bureau shall use fines submitted under paragraph (3) to pay the administrative and enforcement costs to the Bureau in carrying out this subsection. (5) Use of fines for border protection Amounts from the collection of fines under this subsection that remain available after the payment of expenses described in paragraph (4), shall be transferred by the Bureau to the Treasury, to be used to pay expenses relating to United States Customs and Border Protection for border security fencing, infrastructure, and technology. (6) Definition relating to immigration status In this subsection, the term immigration laws . 3. Study and report regarding remittance transfer processing fines and identification program (a) Study The Comptroller General of the United States shall conduct a study to determine the effects of the enactment of section 919(g) of the Electronic Fund Transfer Act, as amended by this Act. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the results of the study conducted under paragraph (1) that includes— (1) an analysis of the costs and benefits of complying with section 919(g) of the Electronic Fund Transfer Act, as amended by this Act; and (2) recommendations about whether the fines imposed under that section 919(g) should be extended or increased. | Remittance Status Verification Act of 2013 |
Moving to Work Charter Program Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to enter into charter contracts, beginning in FY2014, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937. States that such charter contracts shall: (1) supersede and have a term commensurate with any annual contributions contract between a public housing agency (PHA) and the Secretary; and (2) provide that a participating PHA shall receive capital and operating assistance allocated to it under specified laws. Exempts charter contracts from the requirements of the United States Housing Act of 1937, except those for payment of wages prevailing in the community and the demolition and disposition of public housing. Requires a charter contract to provide that a PHA: (1) may combine section 8 low-income assistance and Public Housing Capital and Operating Fund assistance and use it for housing assistance and related services for activities under this Act; (2) shall ensure that at least 75% of the families assisted are very low-income families; (3) shall establish a reasonable rent policy designed to encourage employment, self-sufficiency, and home ownership by participating families; and (4) meet specified additional requirements. Directs the Secretary to appoint a federal advisory committee to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system. | 113 S1177 IS: Moving to Work Charter Program Act of 2013 U.S. Senate 2013-06-18 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. 1177 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mr. Vitter Committee on Banking, Housing, and Urban Affairs A BILL To authorize the Moving to Work Charter program to enable public housing agencies to improve the effectiveness of Federal housing assistance, and for other purposes. 1. Short title This Act may be cited as the Moving to Work Charter Program Act of 2013 2. Moving to work charter program authorization (a) Purpose The purpose of this Act is— (1) to give public housing agencies and the Secretary of Housing and Urban Development (in this Act referred to as the Secretary (2) to reduce administrative burdens on public housing agencies providing such assistance; (3) to give incentives to assisted families to work and become economically self-sufficient; (4) to increase housing choices for low-income families; and (5) to enhance the ability of low-income elderly residents and persons with disabilities to live independently. (b) Moving to Work Charter Program authority (1) Contract authority (A) In general Subject to the phase-in requirements under subparagraph (B), the Secretary shall enter into charter contracts, beginning in fiscal year 2014, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (B) Phase-in The phase-in requirements under this subparagraph are as follows: (i) By the end of fiscal year 2014, the Secretary shall have entered into charter contracts with at least 80 public housing agencies described in subparagraph (A). (ii) By the end of fiscal year 2015, the Secretary shall have entered into charter contracts with at least 160 public housing agencies described in subparagraph (A). (iii) By the end of fiscal year 2016, the Secretary shall have entered into charter contracts with at least 250 public housing agencies described in subparagraph (A). (2) Charter contracts A charter contract shall— (A) supersede and have a term commensurate with any annual contributions contract between a public housing agency and the Secretary; and (B) provide that a participating public housing agency shall receive— (i) capital and operating assistance allocated to such agency under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g); and (ii) assistance provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (3) Use of assistance Any assistance provided under paragraph (2)(B)— (A) may be combined; and (B) shall be used to provide locally designed housing assistance for low-income families, including— (i) services to facilitate the transition to work and self-sufficiency; and (ii) any other activity which a public housing agency is authorized to undertake pursuant to State or local law. (c) Terms and conditions of assistance (1) Applicability of United States Housing Act of 1937 Except as provided in this section, the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (2) Applicable 1937 Act provisions The following provisions of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (A) Subsections (a) and (b) of section 12 (42 U.S.C. 1437j (a) and (b)) shall apply to housing assisted under a charter contract, other than housing assisted solely due to occupancy by families receiving tenant based rental assistance. (B) Section 18 ( 42 U.S.C. 1437p (3) Charter contract terms A charter contract shall provide that a public housing agency— (A) may— (i) combine assistance received under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g), as described in subsection (b)(3); and (ii) use such assistance to provide housing assistance and related services for activities authorized by this section, including those activities authorized by sections 8 and 9 of such Act; (B) certify that in preparing its application for participation in the Moving to Work Charter program established under this section, such agency has— (i) provided for citizen participation through a public hearing and, if appropriate, other means; and (ii) taken into account comments from the public hearing and any other public comments on the proposed activities under this Act, including comments from current and prospective residents who would be affected by such contract; (C) shall ensure that at least 75 percent of the families assisted under a charter contract shall be, at the time of such families’ entry into the Moving to Work Charter program, very low-income families; (D) shall establish a reasonable rent policy, which shall— (i) be designed to encourage employment, self-sufficiency, and homeownership by participating families, consistent with the purpose of this Act; (ii) include transition and hardship provisions; (iii) be included in the annual plan of such agency; and (iv) be subject to the opportunities for public participation described in subsection (e)(1)(C)(iv); (E) shall continue to assist not less than substantially the same total number of low-income families as would have been served had such agency not entered into such contract; (F) shall maintain a comparable mix of families (by family size) as would have been provided had the agency not entered into such contract; (G) shall ensure that housing assisted under such contract meets housing quality standards established or approved by the Secretary; (H) shall receive training and technical assistance, upon request by such agency, to assist with the design and implementation of the activities described under this Act; (I) shall receive an amount of assistance under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g) that is not diminished by the participation of such agency in the Moving to Work Charter program established under this section; (J) shall be subject to the procurement procedures described in such contract; (K) shall ensure that each family receiving housing assistance— (i) is engaged in work activities that would count toward satisfying the monthly work participation rates applicable to the State in which such public housing agency is located for purposes of the State temporary assistance to needy families program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) if the family were receiving assistance or benefits under that program; or (ii) would qualify under that program to an exception to engaging in such work activities; and (L) shall provide housing assistance to families assisted under a charter contract for not more than 5 years. (d) Selection In selecting among public housing agency applications to participate in the Moving to Work Charter program established under this section, the Secretary shall consider— (1) the potential of each agency to plan and carry out activities under such program; (2) the relative performance by an agency under section 6(j) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)); (3) the need for a diversity of participants in terms of size, location, and type of agency; and (4) any other appropriate factor as determined by the Secretary. (e) Charter report (1) Contents (A) In general Notwithstanding any other provision of law, and in place of all other planning and reporting requirements otherwise required, each public housing agency that is a party to a charter contract shall submit to the Secretary, on an annual basis, a single charter report, in a form and at a time specified by the Secretary. (B) Sole means of reporting A charter report submitted under subparagraph (A) shall be the sole means by which a public housing agency shall be required to provide information to the Secretary on the activities assisted under this section during a fiscal year, unless the Secretary has reason to believe that such agency has violated the charter contract between the Secretary and such agency. (C) Requirements Each charter report required under subparagraph (A) shall— (i) document the use by a public housing agency of any assistance provided under a charter contract, including appropriate financial statements; (ii) describe and analyze the effect of assisted activities in addressing the objectives of this section; (iii) include a certification by such agency that such agency has prepared an annual plan which— (I) states the goals and objectives of that agency under the charter contract for the past fiscal year; (II) describes the proposed use of assistance by that agency for activities under the charter contract for the past fiscal year; (III) explains how the proposed activities of that agency will meet the goals and objectives of that agency; (IV) includes appropriate budget and financial statements of that agency; and (V) was prepared in accordance with a public process as described in clause (iv); (iv) describe and document how a public housing agency has provided residents assisted under a charter contract and the wider community with opportunities to participate in the development of and comment on the annual plan, which shall include at least 1 public hearing; and (v) include such other information as may be required by the Secretary pursuant to subsection (f)(2). (2) Review Any charter report submitted pursuant to paragraph (1) shall be deemed approved unless the Secretary, not later than 45 days after the date of submission of such report, issues a written disapproval because— (A) the Secretary reasonably determines, based on information contained in the report, that a public housing agency is not in compliance with the provisions of this section or other applicable law; or (B) such report is inconsistent with other reliable information available to the Secretary. (f) Records and audits (1) Keeping of records Each public housing agency shall keep such records as the Secretary may prescribe as reasonably necessary— (A) to disclose the amounts and the disposition of amounts under the Moving to Work Charter program established under this section; (B) to ensure compliance with the requirements of this section; and (C) to measure performance. (2) Access to documents by the secretary (A) In general The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section. (B) Limitation Access by the Secretary described under subparagraph (A) shall be limited to information obtained solely through the annual charter report submitted by a public housing agency under subsection (e), unless the Secretary has reason to believe that such agency is not in compliance with the charter contract between the Secretary and such agency. (3) Access to documents by the comptroller general The Comptroller General of the United States, or any duly authorized representative of the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of the Moving to Work Charter program established under this section. (g) Procurement preemption (1) In general Any State or local law which imposes procedures or standards for procurement which conflict with or are more burdensome than applicable Federal procurement requirements shall not apply to any public housing agency under the Moving to Work Charter program established under this section. (2) reduction of administrative burdens The Secretary may approve procurement procedures for public housing agencies participating in the Moving to Work Charter program established under this section that reduce administrative burdens of procurement requirements imposed by Federal law. (h) Subsequent laws preempted A public housing agency participating in the Moving to Work Charter program established under this section shall not be subject to any provision of law which conflicts with the provisions of this section and which is enacted subsequent to the date of execution of such agency’s charter contract or Moving to Work program agreement, as described in subsection (i), unless such law expressly provides for such law’s application to public housing agencies subject to this section. (i) Existing agreements Notwithstanding anything in this section or any other provision of law, any public housing agency which has an existing Moving to Work program agreement with the Secretary pursuant to section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 (1) continue to operate under the terms and conditions of such agreement notwithstanding any limitation on the terms contained in such contract; or (2) at any time, enter into a charter contract with the Secretary on terms and conditions which are not less favorable to the agency than such existing agreement. (j) Public housing agency evaluation (1) In general By the end of fiscal year 2014, the Secretary shall appoint a Federal advisory committee consisting of public housing agencies with charter contracts, public housing industry organizations, resident organizations, other public housing and section 8 voucher stakeholders, and experts on accreditation systems in similar fields, to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system. (2) Report Not later than the end of fiscal year 2016, the committee established under paragraph (1) and the Secretary shall provide a report and recommendations to Congress with respect to the establishment of a national public housing agency accreditation system. (k) Definitions In this Act— (1) the term families 42 U.S.C. 1437a(b)(3) (2) the term low-income families 42 U.S.C. 1437a(b)(2) (3) the term very low-income families | Moving to Work Charter Program Act of 2013 |
Educating Tomorrow's Engineers Act - Amends the Elementary and Secondary Education Act of 1965 to require states to incorporate engineering design skills and practice into their academic content standards and academic achievement standards and assessments in science by the 2016-2017 school year. Requires states to reserve 10% of the grant they receive under the Teacher and Principal Training and Recruiting Fund program to award competitive grants to nonprofit organizations and other entities with expertise in the science, technology, engineering, and mathematics (STEM) fields to develop and provide professional development and instructional materials for STEM education in their state. Changes current references to the mathematics and science partnerships program to references to the STEM partnerships program, which provides funding to states, institutions of higher education, and high-need local educational agencies (LEAs) to recruit and train STEM teachers and improve STEM curricula. Amends the 21st century community learning centers program to include STEM activities (currently, mathematics and science activities) within the before- and after-school activities funded under that program. Amends the rural and low-income school program to include professional development in engineering education among the uses of the funds provided to rural LEAs. Amends the Education Sciences Reform Act of 2002 to require the National Center for Education Research to sponsor and conduct research geared toward improving STEM, rather than just mathematics and science, teaching and learning. Directs the Secretary of Education to support research on engineering education and use that research to provide information to the public, and technical assistance to states, on best practices and promising innovations in kindergarten through grade 12 engineering education. | 113 S1178 IS: Educating Tomorrow's Engineers Act U.S. Senate 2013-06-18 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. 1178 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To better integrate engineering education into kindergarten through grade 12 instruction and curriculum and to support research on engineering education. 1. Short title This Act may be cited as the Educating Tomorrow's Engineers Act I Amendments to the Elementary and Secondary Education Act of 1965 A Engineering standards and assessments 111. Academic standards, academic assessments, and accountability Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) (1) in paragraph (1), by adding at the end the following: (G) Integration of engineering skills and practices into science standards By not later than the 2016–2017 school year, each State plan shall demonstrate that the State has incorporated engineering design skills and practice into the State science challenging academic content standards and student academic achievement standards that are required under this paragraph. ; and (2) in paragraph (3)(C)(v)(II), by inserting (including, beginning not later than the 2016–2017 school year, engineering design skills and practices) science 112. Grants for State assessments and related activities Section 6111(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7301(1) , including the integration of engineering concepts into science assessments, and standards B Professional development and instructional materials 121. Teacher and principal training and recruiting fund Section 2113 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613 (1) in subsection (a)— (A) in paragraph (1), by striking 95 85 (B) in paragraph (2), by striking and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) reserve 10 percent of the funds made available through the grant to make subgrants in accordance with subsection (e); ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) STEM professional development and instructional materials grants A State educational agency that receives a grant under this part shall use the funds described in subsection (a)(3) to award grants, on a competitive basis, to nonprofit organizations, and other entities, with expertise and a demonstrated record of success in STEM fields to enable such organizations and entities to develop and provide professional development and instructional materials for STEM in the State. . 122. STEM partnerships Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) is amended— (1) in the part heading, by striking Mathematics and science partnerships Stem partnerships (2) in section 2201— (A) by striking mathematics and science STEM (B) in subsection (a)(4), by striking engineering, mathematics, and science STEM (3) in section 2202— (A) in the section heading, by striking Mathematics and science STEM (B) in subsection (b)(2)— (i) in subparagraph (A), by striking mathematics and science STEM (ii) in subparagraph (B), by striking student academic achievement in mathematics and science student academic achievement in STEM (iii) in subparagraph (C), by striking mathematics and science STEM (C) in subsection (c)— (i) in each of paragraphs (1) and (2), by striking mathematics and science STEM (ii) in paragraph (3), in the matter preceding subparagraph (A), by striking mathematics and science STEM (iii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking mathematics, engineering, and science majors individuals with a baccalaureate degree in a STEM field (II) in each of subparagraphs (A) and (C), by striking mathematics, engineering, or science a STEM field (III) in subparagraph (B), by striking mathematics and science STEM (IV) in subparagraph (D), by striking mathematics, engineering, or science backgrounds backgrounds in STEM fields (iv) in paragraph (5), by striking mathematics and science curricula STEM curricula (v) in paragraph (6), by striking mathematics and science STEM (vi) in paragraph (7), by striking mathematics or science STEM (vii) in paragraph (8)— (I) by striking mathematics and science STEM (II) by striking and engineers engineers, and other professionals in STEM fields (III) by striking science and mathematics STEM (viii) in paragraph (9), by striking mathematics and science STEM (ix) in paragraph (10)— (I) by striking mathematics and science teachers STEM teachers (II) by striking mathematics and science careers (including engineering and technology) careers in STEM fields (D) in subsection (d)(2), by striking mathematics and science teaching STEM teaching (E) in subsection (e)(2)— (i) in subparagraph (A), by striking mathematics and science STEM (ii) in subparagraph (B), by inserting and a strategy for integrating engineering into the science assessments in accordance with section 1111(b)(3) (iii) in subparagraph (C)— (I) in clause (i), by striking mathematics and science STEM (II) in clause (ii), by striking in mathematics, engineering, or the sciences in a STEM field (III) in clause (iii)— (aa) by striking mathematics and science STEM subjects (bb) by striking mathematics, engineering, and science a STEM field C After school programs 131. 21st century learning centers Section 4205(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a)(2)) is amended by striking mathematics and science STEM D Rural education 141. Rural and low-income school program Section 6222(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6351a(a)(2) and professional development in the area of engineering education E General provisions 151. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (1) by redesignating paragraphs (37) through (43) as paragraphs (38) through (44), respectively; and (2) by inserting after paragraph (37) the following: (38) STEM The term STEM (A) science, technology, engineering, and mathematics; and (B) other academic subjects that build on the subjects described in subparagraph (A), such as computer science. . II Amendments to the Education Science Reform Act of 2002 201. National center for education research The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. (1) in section 131(b)(1)(C) (20 U.S.C. 9531(b)(1)(C)), by striking mathematics, science, STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (2) in section 133(a)(11) (20 U.S.C. 9533(a)(11)) by striking mathematics and science STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 202. Research on engineering education (a) In general The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall support, directly or through grants or contracts, research on engineering education, including studies and evaluations that— (1) identify and assess how science inquiry and mathematical reasoning can be connected to engineering design in kindergarten through grade 12 curricula and teacher professional development; (2) identify best practices and promising innovations in the field of kindergarten through grade 12 engineering education; and (3) include any other information or assessments the Secretary of Education may require. (b) Dissemination The Secretary of Education shall, based on the results of the research described in subsection (a), disseminate information and analysis to the public, and provide technical assistance to State educational agencies, on best practices and promising innovations in the field of kindergarten through grade 12 engineering education. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. | Educating Tomorrow's Engineers Act |
Small Business Export Growth Act of 2013 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; and (3) provide a detailed listing of current and future federal and state-led trade missions, trade fairs, and related activities to ensure better delivery of services to U.S. businesses. Requires the Secretary of Commerce to make available information on federal and state-led trade missions, trade fairs, and related activities on the Export.gov website. Requires the governmentwide strategic plan for federal trade promotion efforts to: (1) clearly identify and explain the role, goals, and objectives of each agency represented on the TPCC with respect its export promotion and export financing activities; (2) include any recommendations of the Comptroller General relating to coordination of the agencies represented on the TPCC; and (3) reflect the recommendations of the U.S. Travel Association (currently, U.S. National Tourism Organization) to the degree considered appropriate by the TPCC. Directs the President to establish a State and Federal Export Promotion Coordination Working Group as a subcommittee of the TPCC to develop a strategy for improving coordination of federal and state resources for small business export promotion and export financing activities. Requires the Inspector General of the Department of Commerce to report annually to Congress on the extent to which the TPCC is successfully carrying out its duties. Requires the Associate Administrator for International Trade of the Small Business Administration (SBA) to report to Congress on recommendations for improving the experience of the Export.gov website as a comprehensive export information resource and a single website for exporters to submit all federally required information on the exportation of articles from the United States. Amends the Small Business Act to require that the nationwide marketing effort of the Associate Administrator, in promoting sales opportunities for the export of small business goods and services, to conduct at least one outreach event each fiscal year in each state. Directs the SBA Administrator, the Secretary of Agriculture, the U.S. Export-Import Bank, and the Overseas Private Investment Corporation (OPIC) to establish jointly a Small Business Inter-Agency Task Force on Export Financing. | 113 S1179 IS: Small Business Export Growth Act of 2013 U.S. Senate 2013-06-18 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. 1179 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mrs. Shaheen Ms. Ayotte Committee on Banking, Housing, and Urban Affairs A BILL To improve the coordination of export promotion programs and to facilitate export opportunities for small businesses, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Export Growth Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Improved coordination of export promotion programs Sec. 101. Consolidation of duplicative export promotion activities; information about trade missions and trade fairs. Sec. 102. Clarification of roles of members of Trade Promotion Coordinating Committee. Sec. 103. State and Federal Export Promotion Coordination Working Group. Sec. 104. Reports to Congress with respect to activities of Trade Promotion Coordinating Committee. Sec. 105. Report on improvements to Export.gov as a single window for export information. TITLE II—Facilitation of export opportunities for small businesses Sec. 201. Definitions. Sec. 202. Promotion of exporting. Sec. 203. Export control education. Sec. 204. Small business inter-agency task force on export financing. Sec. 205. Availability of State resource guides on Export.gov. I Improved coordination of export promotion programs 101. Consolidation of duplicative export promotion activities; information about trade missions and trade fairs (a) In general Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended— (1) in paragraph (4), by inserting , including by identifying opportunities to consolidate or co-locate offices of agencies involved in such activities export financing activities (2) in paragraph (5)— (A) by inserting , including the use and coordination of electronic databases, the appropriate levels and allocation of resources (B) by striking ; and (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: (6) to the maximum extent practicable, provide a detailed listing of current and future Federal and State-led trade missions, trade fairs, and related activities to ensure better delivery of services to United States businesses; and . (b) Availability of information The Secretary of Commerce shall make available the information on Federal and State-led trade missions, trade fairs, and related activities described in paragraph (6) of section 2312(b) of the Export Enhancement Act of 1988, as added by subsection (a)(4), on the Internet website Export.gov or a successor website. 102. Clarification of roles of members of Trade Promotion Coordinating Committee Section 2312(c) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(c) (1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (8), respectively; (2) by inserting after paragraph (2) the following: (3) with respect to export promotion and export financing activities of each department or agency represented on the TPCC— (A) clearly identify and explain the role of the department or agency; and (B) describe the goals and objectives of the department or agency and explain the rationale for measuring and reporting on those goals and objectives; ; (3) in paragraph (5), as redesignated by paragraph (1)— (A) by inserting and Congress the President (B) by striking paragraph (3) paragraph (4) (4) in paragraph (6), as redesignated by paragraph (1), by striking ; and (5) by inserting after paragraph (6), as redesignated by paragraph (1), the following: (7) include any recommendations of the Comptroller General of the United States that relate to coordination of the TPCC and departments and agencies that are represented on the TPCC; and ; and (6) in paragraph (8), as redesignated by paragraph (1), by striking United States National Tourism Organization United States Travel Association 103. State and Federal Export Promotion Coordination Working Group Subtitle C of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 et seq. 2313A. State and Federal Export Promotion Coordination Working Group (a) Statement of policy It is the policy of the United States to promote exports as an opportunity for small businesses. In exercising their powers and functions in order to advance that policy, all Federal departments and agencies shall work constructively with State and local agencies engaged in export promotion and export financing activities. (b) Establishment The President shall establish a State and Federal Export Promotion Coordination Working Group (in this section referred to as the Working Group TPCC (c) Purposes The purposes of the Working Group are— (1) to identify issues related to the coordination of Federal resources relating to export promotion and export financing with such resources provided by State and local governments; (2) to identify ways to improve coordination with respect to export promotion and export financing activities through the strategic plan developed under section 2312(c); (3) to develop a strategy for improving coordination of Federal and State resources relating to export promotion and export financing, including methods to eliminate duplication of effort and overlapping functions; and (4) to develop a strategic plan for considering and implementing the Working Group’s suggestions as part of the strategic plan. (d) Membership The Secretary of Commerce shall select the members of the Working Group, who shall include— (1) representatives from State trade agencies representing regionally diverse areas; and (2) representatives of the departments and agencies that are represented on the TPCC, who are designated by the heads of their respective departments or agencies to advise the head on ways of promoting the exportation of United States goods and services. . 104. Reports to Congress with respect to activities of Trade Promotion Coordinating Committee Section 2312(f) of the Export Enhancement Act of 1988 ( 19 U.S.C. 4727(f) (f) Reports to Congress (1) Reports by TPCC The chairperson of the TPCC shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report that— (A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of the plan, and any revisions to the plan; and (B) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. (2) Reports by Inspector General of Department of Commerce (A) In general The Inspector General of the Department of Commerce shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report on the extent to which— (i) the TPCC is successfully carrying out the duties described in subsection (b); and (ii) the strategic plan described in subsection (c) is being implemented successfully. (B) Consultation In preparing the report required under subparagraph (A), the Inspector General of the Department of Commerce shall, to the maximum extent practicable, consult with the inspector general of each other Federal department or agency that is a member of the TPCC. (3) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives. . 105. Report on improvements to Export.gov as a single window for export information (a) In general Not later than 180 days after the date of the enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall, after consultation with the entities specified in subsection (b), submit to the appropriate congressional committees a report that includes the recommendations of the Associate Administrator for improving the experience provided by the Internet website Export.gov (or a successor website) as— (1) a comprehensive resource for information about exporting articles from the United States; and (2) a single website for exporters to submit all information required by the Federal Government with respect to the exportation of articles from the United States. (b) Entities specified The entities specified in this subsection are— (1) small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (2) the President's Export Council, State agencies with responsibility for export promotion or export financing, district export councils, and trade associations. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Small Business and Entrepreneurship and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Small Business and the Committee on Foreign Affairs of the House of Representatives. II Facilitation of export opportunities for small businesses 201. Definitions In this title— (1) the terms Administration Administrator (2) the term region of the Administration 15 U.S.C. 632(u) (3) the term small business concern 15 U.S.C. 632 202. Promotion of exporting Section 22(c)(11) of the Small Business Act ( 15 U.S.C. 649(c)(11) , which shall include conducting not fewer that 1 outreach event each fiscal year in each State that promotes exporting as a business development opportunity for small business concerns 203. Export control education Section 22 of the Small Business Act ( 15 U.S.C. 649 (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: (l) Export control education The Associate Administrator shall ensure that all programs of the Administration to support exporting by small business concerns place a priority on educating small business concerns about Federal export control regulations. . 204. Small business inter-agency task force on export financing The Administrator, the Secretary of Agriculture, the Export-Import Bank of the United States, and the Overseas Private Investment Corporation shall jointly establish a Small Business Inter-Agency Task Force on Export Financing to— (1) review and improve Federal export finance programs for small business concerns; and (2) coordinate the activities of the Federal Government to assist small business concerns seeking to export. 205. Availability of State resource guides on Export.gov The Secretary of Commerce shall make available on the Internet website Export.gov (or a successor website) information on the resources relating to export promotion and export financing available in each State— (1) organized by State; and (2) including information on State agencies with responsibility for export promotion or export financing and district export councils and trade associations located in the State. | Small Business Export Growth Act of 2013 |
Medicare Data Access for Transparency and Accountability Act - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to make available to the public HHS claims and payment data related to SSA title XVIII (Medicare), including data on payments made to any service provider or supplier. | 113 S1180 IS: Medicare Data Access for Transparency and Accountability Act U.S. Senate 2013-06-18 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. 1180 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mr. Grassley Mr. Wyden Mr. Bennet Committee on Finance A BILL To amend title XI of the Social Security Act to provide for the public availability of Medicare claims data. 1. Short title This Act may be cited as the Medicare Data Access for Transparency and Accountability Act 2. Public availability of medicare claims data (a) In general Section 1128J of the Social Security Act ( 42 U.S.C. 1320a–7k (f) Public availability of medicare claims data (1) In general The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a (2) Implementation (A) In general Not later than December 31, 2014, the Secretary shall promulgate regulations to carry out this subsection. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that— (i) the data described in paragraph (1) is made available to the public through a searchable database that the public can access at no cost; (ii) such database— (I) includes the amount paid to each provider of services or supplier under title XVIII, the items or services for which such payment was made, and the location of the provider of services or supplier; (II) is organized based on the specialty or the type of provider of services or supplier involved; (III) is searchable based on the type of items or services furnished; and (IV) includes a disclaimer that the aggregate data in the database does not reflect on the quality of the items or services furnished or of the provider of services or supplier who furnished the items or services; and (iii) each provider of services or supplier in the database is identified by a unique identifier that is available to the public (such as the National Provider Identifier of the provider of services or supplier). (C) Scope of data The database shall include data for fiscal year 2014, and each fiscal year thereafter. . (b) Information not exempt under the Freedom of Information Act The term personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy | Medicare Data Access for Transparency and Accountability Act |
Real Estate Investment and Jobs Act of 2013 - Amends the Internal Revenue Code to increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests. | 113 S1181 IS: Real Estate Investment and Jobs Act of 2013 U.S. Senate 2013-06-18 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. 1181 IN THE SENATE OF THE UNITED STATES June 18, 2013 Mr. Menendez Mr. Enzi Mr. Schumer Mr. Barrasso Mr. Begich Mr. Boozman Mr. Bennet Mr. Cornyn Mrs. Boxer Mr. Crapo Ms. Cantwell Mr. Isakson Mr. Cardin Mr. Roberts Mr. Carper Mr. Thune Mr. Coons Mrs. Gillibrand Mrs. Hagan Mr. Nelson Mrs. Shaheen Ms. Stabenow Mr. Tester Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes. 1. Short title This Act may be cited as the Real Estate Investment and Jobs Act of 2013 2. Exception from FIRPTA for certain stock of real estate investment trusts (a) In general Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended— (1) by striking all that precedes If any class (3) Exceptions for certain stock (A) Exception for stock regularly traded on established securities markets , (2) by inserting before the period the following: . In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting 10 percent 5 percent (3) by adding at the end the following new subparagraph: (B) Exception for certain stock in real estate investment trusts (i) In general Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder (other than an investor that is a qualified shareholder) holds (directly or indirectly through the qualified shareholder) more than 10 percent of the stock of such real estate investment trust. (ii) Qualified shareholder For purposes of this subparagraph, the term qualified shareholder (I) that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, (II) that is a qualified collective investment vehicle, (III) whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and (IV) that maintains records on the identity of each person who, at any time during the qualified shareholder’s taxable year, is the direct owner of more than 10 percent of the class of interest described in clause (III). (iii) Qualified collective investment vehicle For purposes of this subparagraph, the term qualified collective investment vehicle (I) would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, (II) would be classified as a United States real property holding corporation (determined without regard to this paragraph) at any time during the 5-year period ending on the date of disposition of or distribution with respect to the entity’s interests in a real estate investment trust, or (III) is designated as such by the Secretary and is either— (aa) fiscally transparent within the meaning of section 894, or (bb) required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors. . (b) Distributions by real estate investment trusts Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended— (1) by striking Any distribution (A) In general Except as provided in subparagraph (B), any distribution , (2) by inserting (10 percent in the case of stock of a real estate investment trust) 5 percent of such class of stock (3) by inserting , and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B) (4) by adding at the end the following new subparagraph: (B) Special rule Subparagraph (A) shall not apply to distributions which are treated as a sale or exchange of stock or property pursuant to section 301(c)(3), 302, or 331. . (c) Definition Paragraph (4) of section 897(h) In determining whether a qualified investment entity is domestically controlled, any stock in the qualified investment entity held by another qualified investment entity shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled. In making such a determination, a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership. (d) Conforming amendment Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking more than 5 percent more than 5 or 10 percent, whichever is applicable, (2) by striking substituting 5 percent 50 percent substituting 5 percent or 10 percent, whichever is applicable 50 percent (e) Effective dates (1) In general The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. (2) Distributions The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (3) Definitions The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. 3. United States real property interest (a) United States real property interest Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes (i) as of the date of the disposition (B) Exclusion for interest in certain corporations The term United States real property interest . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. | Real Estate Investment and Jobs Act of 2013 |
Death Tax Repeal Act of 2013 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount. | 113 S1183 IS: Death Tax Repeal Act of 2013 U.S. Senate 2013-06-19 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. 1183 IN THE SENATE OF THE UNITED STATES June 19, 2013 Mr. Thune Mr. McConnell Mr. Hatch Mr. Cornyn Mr. Barrasso Mr. Rubio Mr. Johanns Mr. Boozman Mr. Grassley Mr. Shelby Mr. Crapo Mr. Heller Mrs. Fischer Mr. Inhofe Mr. Moran Mr. Chambliss Mr. Roberts Mr. Vitter Mr. Kirk Mr. Enzi Mr. Risch Mr. Isakson Mr. Blunt Mr. Lee Mr. Toomey Ms. Ayotte Mr. Coats Mr. Flake Mr. Scott Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. 1. Short title This Act may be cited as the Death Tax Repeal Act of 2013 2. Repeal of estate and generation-skipping transfer taxes (a) Estate Tax Repeal Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 2210. Termination (a) In general Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2013 (b) Certain Distributions From Qualified Domestic Trusts In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2013 (1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and (2) section 2056A(b)(1)(B) shall not apply on or after such date. . (b) Generation-Skipping Transfer Tax Repeal Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: 2664. Termination This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2013 . (c) Conforming Amendments (1) The table of sections for subchapter C of chapter 11 Sec. 2210. Termination. . (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: Sec. 2664. Termination. . (d) Effective Date The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. 3. Modifications of gift tax (a) Computation of gift tax Subsection (a) of section 2502 (a) Computation of tax (1) In general The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of— (A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over (B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. (2) Rate schedule If the amount with respect to which the tentative tax to be computed is: The tentative tax is: Not over $10,000 18% of such amount. Over $10,000 but not over $20,000 $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000 $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000 $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000 $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000 $70,800, plus 34% of the excess over $250,000. Over $500,000 $155,800, plus 35% of the excess of $500,000. . (b) Treatment of Certain Transfers in Trust Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Treatment of Certain Transfers in Trust Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1. . (c) Lifetime gift exemption (1) In general Paragraph (1) of section 2505(a) (1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by . (2) Inflation adjustment Section 2505 of such Code is amended by adding at the end the following new subsection: (d) Inflation adjustment (1) In general In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) 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 such calendar year by substituting calendar year 2010 calendar year 1992 (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (d) Conforming amendments (1) Section 2505(a) of such Code is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking Unified (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: Sec. 2505. Credit against gift tax. . (e) Effective date The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition rule (1) In general For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b) For purposes of applying section 2504(b) | Death Tax Repeal Act of 2013 |
Treat and Reduce Obesity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to develop and implement a plan to coordinate the efforts of all HHS officers and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to cover intensive behavioral therapy for obesity furnished by: (1) a physician who is not a qualified primary care physician; (2) an evidence-based, community-based HHS-certified lifestyle counseling program; or (3) any other appropriate health care provider (including a physician assistant, nurse practitioner, clinical nurse specialist, a clinical psychologist, and a registered dietitian or nutrition professional) upon referral from, and in coordination with, a physician or primary care practitioner in an office setting, a hospital outpatient department, or another HHS-specified setting. Authorizes the Secretary to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for being overweight for individuals with one or more comorbidities. | 113 S1184 IS: Treat and Reduce Obesity Act of 2013 U.S. Senate 2013-06-19 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. 1184 IN THE SENATE OF THE UNITED STATES June 19, 2013 Mr. Carper Ms. Murkowski Committee on Finance A BILL To amend title XVIII of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook and to provide for the coordination of programs to prevent and treat obesity, and for other purposes. 1. Short title This Act may be cited as the Treat and Reduce Obesity Act of 2013 2. Findings Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, about 35 percent of adults aged 65 and over were obese in the period of 2007 through 2010, representing over 8 million adults aged 65 through 74. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and spending on those individuals more than doubled. (4) Obese men and women at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, an obese Medicare beneficiary costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older Americans is growing at a linear rate and, left unchanged, nearly half of the elderly population will be obese in 2030 according to a Congressional Research Report on obesity. 3. Inclusion of information on coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook (a) In general Section 1804(a) of the Social Security Act (42 U.S.C. 1395b–2(a)) is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting , and (3) by inserting after paragraph (3) the following new paragraph: (4) information on the coverage of intensive behavioral therapy for obesity under this title, including information regarding primary care physicians and other providers of services and suppliers who are eligible to furnish such therapy. . (b) Effective date The amendments made by this section shall apply to notices distributed on or after the date of enactment of this Act. 4. Plan for coordination of HHS efforts; providing the Secretary of Health and Human Services with authority to coordinate programs to prevent and treat obesity and expand coverage options for obesity under Medicare Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) (5) (A) Not later than 1 year after the date of enactment of the Treat and Reduce Obesity Act of 2013 (B) In developing and implementing the plan under subparagraph (A), the Secretary shall work with at least 5 representatives, selected by the Secretary, of expert organizations (such as public health associations, physician associations, key healthcare provider groups, planning and development organizations, education associations, advocacy groups, patient groups, relevant industries, State and local leadership, and other entities as determined appropriate by the Secretary). (C) The Secretary shall ensure that the plan under subparagraph (A) is coordinated with the National Prevention Strategy and does not duplicate the efforts of the National Prevention Council and the National Prevention Strategy. (D) The plan under subparagraph (A) shall include the following: (i) Strategies to comprehensively treat and reduce overweight and obesity. (ii) A description of— (I) the coordination of interagency cooperation under the plan; and (II) actions under the plan related to the treatment and reduction of overweight and obesity in the United States. (iii) Identification of best practices in States, communities, organizations, businesses, and other entities as appropriate, regarding treatment of overweight and obesity. (iv) A description of collaboration with States, communities, organizations, businesses, and other appropriate entities to evaluate the effectiveness of obesity and overweight interventions under the plan. (v) Research initiatives, including ongoing surveillance and monitoring using tools such as the National Health and Nutrition Examination Survey and the Behavioral Risk Factor Surveillance System and assurances for adequate and consistent funding to support data collection and analysis to inform policy under the plan. (vi) Recommendations for the coordination of budgets, grant and pilot programs, policies, and programs across Federal agencies to cohesively treat overweight and obesity. (E) Not later than 24 months after the date of enactment of the Treat and Reduce Obesity Act of 2013 (i) summarizes the plan under subparagraph (A) to coordinate interagency efforts surrounding the treatment, reduction, and prevention of obesity and overweight, including a detailed strategic plan with recommendations for each office and agency involved; (ii) in the case of the second report submitted under this subparagraph (and each subsequent report), evaluates the effectiveness of those coordinated interventions and conducts interim assessments and reporting of health outcomes, achievement of milestones, and implementation of strategic plan goals; and (iii) makes recommendations for updating the plan for the following year based on data and findings from the previous year. . 5. Authority to expand health care providers qualified to furnish intensive behavioral therapy Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) (6) (A) The Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity— (i) furnished by a physician (as defined in subsection (r)(1)) who is not a qualified primary care physician; (ii) furnished— (I) by any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, and a registered dietitian or nutrition professional (as defined in subsection (vv)); (II) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and (III) in an office setting, a hospital outpatient department, or another setting specified by the Secretary; or (iii) furnished by an evidence-based, community-based lifestyle counseling program certified by the Secretary. (B) In order to ensure a collaborative effort, the coordination described in subparagraph (A)(ii)(II) may include the health care provider communicating to the physician or primary care practitioner making the referral any recommendations or treatment plans made regarding the therapy. . 6. Medicare part D coverage of obesity medication (a) In general Section 1860D–2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended by inserting after restricted under section 1927(d)(2), other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined for purposes of section 1861(yy)(2)(C)) or for being overweight (as defined for purposes of section 1861(yy)(2)(F)(i)) and if the individual has one or more comorbidities, (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of enactment of this Act. | Treat and Reduce Obesity Act of 2013 |
Senior Investor Protections Enhancement Act of 2013 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to impose, in addition to any other civil penalty, a maximum civil penalty of $50,000 for each violation that is directed toward, targets, or is committed against a person who at the time of the violation is age 62 or older. Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors. | 113 S1185 IS: Senior Investor Protections Enhancement Act of 2013 U.S. Senate 2013-06-19 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. 1185 IN THE SENATE OF THE UNITED STATES June 19, 2013 Mr. Casey Committee on Banking, Housing, and Urban Affairs A BILL To enhance penalties for violations of securities protections that involve targeting seniors. 1. Short title This Act may be cited as the Senior Investor Protections Enhancement Act of 2013 2. Definitions (a) In general In this Act, the following definitions shall apply: (1) Senior The term senior (2) Securities laws The term securities laws 15 U.S.C. 77b et seq. 15 U.S.C. 80b et seq. (b) Application of senior definition (1) Securities Act of 1933 Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end the following: (20) The term senior . (2) Securities Exchange Act of 1934 Section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (A) by redesignating the first paragraph designated as (80), as added by 101(b)(2) of the Jumpstart Our Business Startups Act (126 Stat. 307) (relating to emerging growth companies), as paragraph (81); and (B) by adding at the end the following: (82) The term senior . (3) Investment Company Act of 1940 Section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) (55) The term senior . (4) Investment Advisers Act of 1940 Section 202(a) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a) (A) by redesignating the second paragraph designated as paragraph (29), as added by section 770 of the Wall Street Transparency and Accountability Act of 2010 (124 Stat. 1801), as paragraph (31) and moving such paragraph to the end; and (B) by adding at the end the following: (32) The term senior . 3. Enhanced penalties for violations of Securities Act of 1933 (a) Civil actions Section 20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the following: (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person commits a violation described in paragraph (1), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Other violations Section 24 of the Securities Act of 1933 (15 U.S.C. 77x) is amended— (1) by inserting (a) In general Any person (2) by adding at the end the following: (b) Special rule for seniors Notwithstanding subsection (a), if a person commits a violation described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 4. Enhanced penalties for violations of Securities Act of 1934 (a) Civil actions Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) (iv) Special rule for seniors Notwithstanding clauses (i), (ii), and (iii), if a person commits a violation described in subparagraph (A), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Willful violations Section 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) (4) Special rule for seniors Notwithstanding paragraphs (1), (2), and (3), if a person engages in an act or omission described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (c) Other violations Section 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78ff) is amended by adding at the end the following: (d) Special rule for seniors Notwithstanding subsections (a), (b), and (c), if a person commits a violation described in this section, and the violation is directed toward, targets, or is committed against a person, who at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 5. Enhanced penalties for violations of Investment Company Act of 1940 (a) Willful violations Section 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person engages in an act or omission described in paragraph (1), and the violation is directed toward, targets, or is committed against a person, who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Civil actions Section 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person commits a violation described in paragraph (1), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty not more than $50,000 for each such violation. . (c) Other violations Section 49 of the Investment Company Act of 1940 (15 U.S.C. 80a–48) is amended— (1) by inserting (a) In general Any person (2) by adding at the end the following: (b) Special rule for seniors Notwithstanding subsection (a), if a person commits a violation described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 6. Enhanced penalties for violations of Investment Advisers Act of 1940 (a) Willful violations Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person engages in an act or omission described in paragraph (1), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (b) Civil actions Section 209(e)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e)(2) (D) Special rule for seniors Notwithstanding subparagraphs (A), (B), and (C), if a person commits a violation under this title, and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . (c) Other violations Section 217 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–17) is amended— (1) by inserting (a) In general Any person (2) by adding at the end the following: (b) Special rule for seniors Notwithstanding subsection (a), if a person commits a violation described in subsection (a), and the violation is directed toward, targets, or is committed against a person who, at the time of the violation, is a senior, the Commission, in addition to any other applicable civil penalty, may impose a civil penalty of not more than $50,000 for each such violation. . 7. Directive to the United States Sentencing Commission (a) In general Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish violations of the securities laws against seniors. (b) Requirements In carrying out this section, the United States Sentencing Commission shall— (1) ensure that section 2B1.1 and 2C1.1 of the Federal sentencing guidelines (and any successors thereto) apply to and punish offenses in which the victim of a violation of the securities laws is a senior; (2) ensure reasonable consistency with other relevant directives, provisions of the Federal sentencing guidelines, and statutory provisions; (3) make any necessary and conforming changes to the Federal sentencing guidelines, in accordance with the amendments made by this Act; and (4) ensure that the Federal sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) | Senior Investor Protections Enhancement Act of 2013 |
Essex National Heritage Area Reauthorization Act - Amends the Omnibus Parks and Public Lands Management Act of 1996 to: (1) extend the authority for the Secretary of the Interior to make grants or provide assistance respecting the Essex National Heritage Area until September 30, 2027, and (2) increase the total amount that may be appropriated for the Area under the Act to $20 million. | 113 S1186 IS: Essex National Heritage Area Reauthorization Act U.S. Senate 2013-06-19 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. 1186 IN THE SENATE OF THE UNITED STATES June 19, 2013 Ms. Warren Mr. Cowan Committee on Energy and Natural Resources A BILL To reauthorize the Essex National Heritage Area. 1. Short title This Act may be cited as the Essex National Heritage Area Reauthorization Act 2. Reauthorization of Essex National Heritage Area Division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 461 Public Law 104–333 (1) in section 507, by striking September 30, 2012 September 30, 2027 (2) in section 508(a), by striking $10,000,000 $20,000,000 | Essex National Heritage Area Reauthorization Act |
Mortgage Forgiveness Tax Relief Act - Amends the Internal Revenue Code to extend through 2015 the exclusion from gross income of income attributable to the discharge of indebtedness on a principal residence. | 113 S1187 IS: Mortgage Forgiveness Tax Relief Act U.S. Senate 2013-06-19 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. 1187 IN THE SENATE OF THE UNITED STATES June 19, 2013 Ms. Stabenow Mr. Heller Mr. Menendez Mr. Isakson Committee on Finance A BILL To prevent homeowners from being forced to pay taxes on forgiven mortgage loan debt. 1. Short title This Act may be cited as the Mortgage Forgiveness Tax Relief Act 2. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general Subparagraph (E) of section 108(a)(1) January 1, 2014 January 1, 2016 (b) Effective date The amendment made by this section shall apply to indebtedness discharged after December 31, 2013. | Mortgage Forgiveness Tax Relief Act |
Forty Hours is Full Time Act of 2013 - Amends the Internal Revenue Code, with respect to the employer mandate to provide health care coverage, to: (1) modify the formula for calculating the number of full-time employees employed by an applicable large employer subject to the mandate; and (2) define a "full-time employee" as an employee who is employed on average at least 40 hours per week (currently, 30 hours). | 113 S1188 IS: Forty Hours Is Full Time Act of 2013 U.S. Senate 2013-06-19 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. 1188 IN THE SENATE OF THE UNITED STATES June 19, 2013 Ms. Collins Mr. Donnelly Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the definition of full-time employee for purposes of the individual mandate in the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Forty Hours Is Full Time Act of 2013 2. Definition of full-time employee Section 4980H(c) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (2)(E), by striking by 120 by 174 (2) in paragraph (4)(A) by striking 30 hours 40 hours | Forty Hours Is Full Time Act of 2013 |
Global Democracy Promotion Act - Declares that foreign nongovernmental organizations: (1) shall not be ineligible for assistance under the Foreign Assistance Act of 1961 solely on the basis of health or medical services (including counseling and referral services) provided by them with non-U.S. government funds if such services do not violate the laws of the country in which they are being provided, and would not violate U.S. federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-U.S. government funds for advocacy and lobbying activities other than those that apply to U.S. nongovernmental organizations receiving such assistance. | 113 S119 IS: Global Democracy Promotion 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 113th CONGRESS 1st Session S. 119 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mrs. Boxer Committee on Foreign Relations A BILL To prohibit the application of certain restrictive eligibility requirements to foreign nongovernmental organizations with respect to the provision of assistance under part I of the Foreign Assistance Act of 1961. 1. Short title This Act may be cited as the Global Democracy Promotion Act 2. Assistance for foreign nongovernmental organizations under part I of the Foreign Assistance Act of 1961 Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under part I of the Foreign Assistance Act of 1961 (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non-United States Government funds if such services do not violate the laws of the country in which they are being provided and would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under part I of such Act. | Global Democracy Promotion Act |
Small Business Fairness Act of 2013 - Amends the Small Business Act to permit a contract between a federal agency and a small business teaming arrangement entity to be deemed awarded for purposes of the small business procurement and services contracting goals established by the head of that agency if the obligations of such entity are performed by a qualified HUBZone (historically underutilized business zone) small business or a small business owned and controlled by service-disabled veterans, socially and economically disadvantaged individuals, or women. Defines "teaming arrangement entity" as a prime contractor under a contractor team arrangement as defined under specified provisions of the Federal Acquisition Regulation. | 113 S1190 IS: Small Business Fairness Act of 2013 U.S. Senate 2013-06-19 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. 1190 IN THE SENATE OF THE UNITED STATES June 19, 2013 Mr. Enzi Mr. Casey Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to permit agencies to count certain contracts toward contracting goals. 1. Short title This Act may be cited as the Small Business Fairness Act of 2013 2. Teaming arrangements and agency contracting goals Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following: (3) Teaming arrangements and agency contracting goals (A) Definitions In this paragraph— (i) the term covered small business concern (I) a small business concern owned and controlled by service-disabled veterans; (II) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C); (III) a small business concern owned and controlled by women, as defined in section 8(d)(3)(D); or (IV) a qualified HUBZone small business concern; and (ii) the term teaming arrangement entity (B) Contracting goals If a covered small business concern performs the obligations of a teaming arrangement entity under a contract between the teaming arrangement entity and a Federal agency, the head of the Federal agency may deem the contract to be a contract awarded to the covered small business concern for purposes of determining whether the Federal agency has met the goals established by the head of the Federal agency under paragraph (2). . | Small Business Fairness Act of 2013 |
Better Buildings Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require the Department of Energy's (DOE) Assistant Secretary of Energy Efficiency and Renewable Energy to study the feasibility of: (1) significantly improving energy efficiency in commercial buildings through the design and construction of separate spaces with high-performance energy efficiency measures, and (2) encouraging owners and tenants to implement such measures in separate spaces. Requires the Secretary to publish such study on DOE's website. Requires the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Energy to develop a voluntary Tenant Star program within the Energy Star program to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces. Requires DOE's Administrator of the Energy Information Administration to collect data on categories of building occupancy that consume significant quantities of energy and on other aspects of the property, building operation, or building occupancy determined to be relevant to lowering energy consumption. Prohibits the impact on climate change from being a factor in determining energy efficiency of commercial building tenants. | 113 S1191 IS: Better Buildings Act of 2013 U.S. Senate 2013-06-19 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. 1191 IN THE SENATE OF THE UNITED STATES June 19, 2013 Mr. Bennet Ms. Ayotte Committee on Energy and Natural Resources A BILL To facilitate better alignment, cooperation, and best practices between commercial real estate landlords and tenants regarding energy efficiency in buildings, and for other purposes. 1. Short title This Act may be cited as the Better Buildings Act of 2013 2. Separate spaces with high-performance energy efficiency measures Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. 424. Separate spaces with high-performance energy efficiency measures (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Study (1) In general Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of— (A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and (B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. (2) Scope The study shall, at a minimum, include— (A) descriptions of— (i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; (ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; (iii) standards and best practices to achieve appropriate energy intensities for lighting, plug loads, pipe loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; (iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of tax and other available incentives; (v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; (vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether the measures generate the savings intended in the initial design and construction of the separate spaces; (vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and (viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and (B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. (3) Public participation Not later than 90 days after the date of enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. (4) Publication The Secretary shall publish the study on the website of the Department of Energy. . 3. Tenant star program Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. 425. Tenant star program (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Tenant star The Administrator of the Environmental Protection Agency and the Secretary shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. (c) Agreements Responsibilities under the program developed under subsection (b) shall be divided between the Secretary and the Administrator of the Environmental Protection Agency in accordance with the terms of applicable agreements between the Secretary and the Administrator. (d) Expanding survey data The Secretary, acting through the Administrator of the Energy Information Administration, shall— (1) collect, through each Commercial Building Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on— (A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by law firms, data centers, trading floors, restaurants, retail outlets, and financial services firms; and (B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; and (2) make data collected under paragraph (1) available to the public in aggregated form and provide the data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (e). (e) Recognition of owners and tenants (1) Occupancy-based recognition Not later than 1 year after the date on which the data described in subsection (d) is received, the Secretary and the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment— (A) in a manner similar to the Energy Star rating system for commercial buildings, develop voluntary policies and procedures to recognize tenants that voluntarily achieve high levels of energy efficiency in separate spaces; (B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (d)(1) and any associated results; and (C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. (2) Design- and construction-based recognition After the study required under section 424(b) is completed and following an opportunity for public notice and comment, the Administrator of the Environmental Protection and the Secretary may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. (f) Effect on climate change For purposes of this section, the impact on climate change shall not be a factor in determining the energy efficiency of commercial building tenants. . | Better Buildings Act of 2013 |
Commonsense Contractor Compensation Act of 2013 - Prohibits civilian or defense contracts from allowing compensation of contractor and subcontractor employees to exceed the annual amount payable under the aggregate limitation established by the Office of Management and Budget (OMB) (currently, $230,700). Allows an exception to such limitation for scientists, engineers, or other specialists who are needed to ensure that an executive agency has continued access to needed skills and capabilities. Requires the Director of OMB to report to specified congressional committees on contractor compensation, including the number of contractor employees hired in the preceding fiscal year who are exempt from the limitation on compensation imposed by this Act. | 113 S1192 IS: Commonsense Contractor Compensation Act of 2013 U.S. Senate 2013-06-19 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. 1192 IN THE SENATE OF THE UNITED STATES June 19, 2013 Mrs. Boxer Mr. Grassley Mr. Manchin Committee on Homeland Security and Governmental Affairs A BILL To implement common sense controls on the taxpayer-funded salaries of government contractors by limiting reimbursement for excessive compensation. 1. Short title This Act may be cited as the Commonsense Contractor Compensation Act of 2013 2. Limitation on allowable government contractor compensation costs (a) Limitation (1) Civilian contracts Section 4304(a)(16) (16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount payable under the aggregate limitation on pay as established by the Office of Management and Budget (currently $230,700), except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (2) Defense contracts Section 2324(e)(1)(P) (P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount payable under the aggregate limitation on pay as established by the Office of Management and Budget (currently $230,700), except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. . (b) Conforming amendments (1) Repeal Section 1127 of title 41, United States Code, is hereby repealed. (2) Clerical amendment The table of sections at the beginning of chapter 11 of title 41, United States Code, is amended by striking the item relating to section 1127. (c) Applicability This section and the amendments made by this section shall apply only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (d) Reports (1) In general Not later than 60 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit a report on contractor compensation to— (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Homeland Security of the House of Representatives; (E) the Committee on Appropriations of the Senate; and (F) the Committee on Appropriations of the House of Representatives. (2) Elements The report required under paragraph (1) shall include— (A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions described under subsection (a) during the preceding fiscal year; (B) the taxpayer-funded compensation amounts received by each contractor employee in a narrowly targeted exception position during such fiscal year; and (C) the duties and services performed by contractor employees in the narrowly targeted exception positions during such fiscal year. | Commonsense Contractor Compensation Act of 2013 |
Data Security and Breach Notification Act of 2013 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information. Directs a covered entity that owns or licenses such data to give notice of any breach of security that the entity reasonably believes has caused or will cause identity theft or other actual financial harm to each individual: (1) who is a U.S. citizen or resident; and (2) whose personal information was, or that the covered entity reasonably believes has been, accessed and acquired by an unauthorized person. Requires a covered entity to notify the Secret Service or the Federal Bureau of Investigation (FBI) of a security breach of personal information involving more than 10,000 individuals. Requires a third-party entity contracted to maintain, store, or process data containing personal information to notify the covered entity of a breach of security of a system. Requires a service provider to notify the covered entity if it becomes aware of a breach of security involving personal information owned or possessed by a covered entity and if such covered entity can be reasonably identified. Allows delays of notifications to avoid interfering with a civil or criminal investigation or threatening national or homeland security. Sets forth the methods for notification under this Act. Preempts information security practices of the Communications Act of 1934 applicable to telecommunication carriers, satellite operators, and cable operators. Sets forth the enforcement authority for the Federal Trade Commission (FTC) along with civil monetary penalties for violations of this Act. Exempts certain financial institutions and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). | 113 S1193 IS: Data Security and Breach Notification Act of 2013 U.S. Senate 2013-06-20 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. 1193 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Toomey Mr. King Mr. Thune Mr. Heller Mr. Blunt Mr. Rubio Mr. Coats Mr. Roberts Committee on Commerce, Science, and Transportation A BILL To require certain entities that collect and maintain personal information of individuals to secure such information and to provide notice to such individuals in the case of a breach of security involving such information, and for other purposes. 1. Short title This Act may be cited as the Data Security and Breach Notification Act of 2013 2. Requirements for information security Each covered entity shall take reasonable measures to protect and secure data in electronic form containing personal information. 3. Notification of information security breach (a) Notification (1) In general A covered entity that owns or licenses data in electronic form containing personal information shall give notice of any breach of security following discovery by the covered entity of the breach of security to each individual who is a citizen or resident of the United States whose personal information was or that the covered entity reasonably believes to have been accessed and acquired by an unauthorized person and that the covered entity reasonably believes has caused or will cause identity theft or other actual financial harm. (2) Law enforcement A covered entity shall notify the Secret Service or the Federal Bureau of Investigation of the fact that a breach of security has occurred if the number of individuals whose personal information the covered entity reasonably believes to have been accessed and acquired by an unauthorized person exceeds 10,000. (b) Special notification requirements (1) Third-party agents (A) In general In the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain, store, or process data in electronic form containing personal information on behalf of a covered entity who owns or possesses such data, such third-party entity shall notify such covered entity of the breach of security. (B) Covered entities who receive notice from third parties Upon receiving notification from a third party under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (C) Exception for service providers A service provider shall not be considered a third-party agent for purposes of this paragraph. (2) Service providers (A) In general If a service provider becomes aware of a breach of security involving data in electronic form containing personal information that is owned or possessed by a covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, such service provider shall notify the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. (B) Covered entities who receive notice from service providers Upon receiving notification from a service provider under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (c) Timeliness of notification (1) In general Unless subject to a delay authorized under paragraph (3), a notification required under subsection (a) with respect to a breach of security shall be made as expeditiously as practicable and without unreasonable delay. (2) Reasonable delay For purposes of paragraph (1), a delay for the purpose of allowing the covered entity time to determine the scope of the breach of security, to identify individuals affected by the breach of security, and to restore the reasonable integrity of the data system that was breached, shall be considered reasonable. (3) Delay of notification authorized for law enforcement or national security purposes (A) Law enforcement If a Federal law enforcement agency determines that the notification required under subsection (a) would interfere with a civil or criminal investigation, such notification shall be delayed upon the written request of the law enforcement agency for any period which the law enforcement agency determines is reasonably necessary. A law enforcement agency may, by a subsequent written request, revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent request if further delay is necessary. (B) National security If a Federal national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security, such notification may be delayed upon the written request of the national security agency or homeland security agency for any period which the national security agency or homeland security agency determines is reasonably necessary. A Federal national security agency or homeland security agency may revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent written request if further delay is necessary. (d) Method and content of notification (1) Direct notification (A) Method of notification A covered entity required to provide notification to an individual under subsection (a) shall be in compliance with such requirement if the covered entity provides such notice by one of the following methods: (i) Written notification, sent to the postal address of the individual in the records of the covered entity. (ii) Telephone. (iii) Email or other electronic means. (B) Content of notification Regardless of the method by which notification is provided to an individual under subparagraph (A) with respect to a breach of security, such notification, to the extent practicable, shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the personal information that was accessed and acquired, or reasonably believed to have been accessed and acquired, by an unauthorized person as a part of the breach of security; and (iii) information that the individual can use to contact the covered entity to inquire about— (I) the breach of security; or (II) the personal information the covered entity maintained about that individual. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to an individual under subsection (a) may provide substitute notification in lieu of the direct notification required by paragraph (1) if such direct notification is not feasible due to— (i) excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity; or (ii) lack of sufficient contact information for the individual required to be notified. (B) Form of substitute notification Such substitute notification shall include at least one of the following: (i) A conspicuous notice on the Internet website of the covered entity (if such covered entity maintains such a website). (ii) Notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (e) Treatment of persons governed by other Federal law Except as provided in section 4(b), a covered entity who is in compliance with any other Federal law that requires such covered entity to provide notification to individuals following a breach of security shall be deemed to be in compliance with this section. 4. Application and enforcement (a) General application The requirements of sections 2 and 3 apply to— (1) those persons, partnerships, or corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) (2) notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) (b) Application to cable operators, satellite operators, and telecommunications carriers Sections 222, 338, and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 (c) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 or 3 shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission (A) In general Except as provided in subsection (a), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates section 2 or 3 shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. (3) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection for all actions shall not exceed— (A) $500,000 for all violations of section 2 resulting from the same related act or omission; and (B) $500,000 for all violations of section 3 resulting from a single breach of security. (d) No private cause of action Nothing in this Act shall be construed to establish a private cause of action against a person for a violation of this Act. 5. Definitions In this Act: (1) Breach of security The term breach of security (2) Commission The term Commission (3) Covered entity (A) In general The term covered entity (B) Exemptions The term covered entity (i) Financial institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.). (ii) An entity covered by the regulations issued under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 (4) Data in electronic form The term data in electronic form (5) Personal information (A) In general The term personal information (i) Social Security number. (ii) Driver’s license number, passport number, military identification number, or other similar number issued on a government document used to verify identity. (iii) Financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual’s financial account. (B) Exclusions (i) public record information Personal information does not include information obtained about an individual which has been lawfully made publicly available by a Federal, State, or local government entity or widely distributed by media. (ii) Encrypted, redacted, or secured data Personal information does not include information that is encrypted, redacted, or secured by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. (6) Service provider The term service provider 6. Effect on other laws This Act preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, relating to the protection or security of data in electronic form containing personal information or the notification of a breach of security. 7. Effective date This Act shall take effect on the date that is 1 year after the date of enactment of this Act. | Data Security and Breach Notification Act of 2013 |
Renewable Fuel Standard Repeal Act - Amends the Clean Air Act to repeal the renewable fuel standard. Amends the Energy Independence and Security Act of 2007 to repeal a requirement that the Administrator of the Environmental Protection Agency (EPA) assess and report to Congress on the impact of the renewable fuel program on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impact on the environment and agriculture. | 113 S1195 IS: Renewable Fuel Standard Repeal Act U.S. Senate 2013-06-20 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. 1195 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Barrasso Mr. Pryor Mr. Toomey Mr. Chambliss Mr. Cruz Mr. Enzi Mr. Boozman Mr. Scott Committee on Environment and Public Works A BILL To repeal the renewable fuel standard. 1. Short title This Act may be cited as the Renewable Fuel Standard Repeal Act 2. Repeal of renewable fuel standard Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking subsection (o). 3. Additional repeal Section 204 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 7545 4. Regulations Beginning on the date of enactment of this Act, the regulations under subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect. | Renewable Fuel Standard Repeal Act |
Aaron's Law Act of 2013 - Amends provisions of the Computer Fraud and Abuse Act (CFAA) prohibiting computer fraud to replace the phrase "exceeds authorized access" with "access without authorization," which is defined as obtaining information on a protected computer that the accesser lacks authorization to obtain by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information. Modifies CFAA penalty provisions to: (1) limit the imposition of enhanced penalties to subsequent offenses under such Act (currently, additional penalties are allowed if there is a conviction for another offense) and to criminal acts punishable under federal or state law by a term of imprisonment for more than one year; and (2) require the determination of the value of information for enhanced penalty purposes to be made by reference to fair market value. | 113 S1196 IS: Aaron's Law Act of 2013 U.S. Senate 2013-06-20 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. 1196 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Wyden Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for clarification as to the meaning of access without authorization, and for other purposes. 1. Short title This Act may be cited as the Aaron's Law Act of 2013 2. Clarifying that access without authorization (a) In general Section 1030(e)(6) of title 18, United States Code, is amended by— (1) striking exceeds authorized access (2) inserting the following: access without authorization (A) to obtain information on a protected computer; (B) that the accesser lacks authorization to obtain; and (C) by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information; . (b) Conforming amendment Section 1030 of title 18, United States Code, is amended— (1) in subsection (d)(10), by striking unauthorized access, or exceeding authorized access, to a access without authorization of a protected (2) by striking exceeds authorized access 3. Eliminating redundancy Section 1030(a)(4) of title 18, United States Code, is repealed. 4. Making penalties proportional to crimes (a) Section 1030(c)(2) (1) in subparagraph (A)— (A) by striking conviction for another subsequent (B) by inserting such attempt to commit (2) in subparagraph (B)(i), by inserting after financial gain and the fair market value of the information obtained exceeds $5,000 (3) in subparagraph (B)(ii), by striking the offense was committed the offense was committed in furtherance of any criminal act in violation of the Constitution or laws of the United States or of any State punishable by a term of imprisonment greater than one year, unless such criminal acts are prohibited by this section or such State violation would be based solely on accessing information without authorization; (4) in subparagraph (B)(iii), by inserting fair market value (5) in subparagraph (C)— (A) by striking conviction for another subsequent (B) by inserting such attempt to commit | Aaron's Law Act of 2013 |
Medicare Fair Share Act of 2013 - Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act with respect to adjustments to Medicare parts B and D (Voluntary Prescription Drug Benefit Program) premiums for high income beneficiaries to reduce from $80,000 to $50,000 the threshold amount for 2015 and subsequent years for determining the monthly amount of the premium subsidy (for high-income beneficiaries) applicable to Medicare parts B and D premiums. Requires reduction of the monthly amount of the Medicare parts B and D premium subsidies (and corresponding increase in the monthly premium amount) for individuals whose modified adjusted gross income exceeds the threshold amount by specified applicable percentages for modified adjusted gross incomes in certain ranges starting at $50,000 (40%) and ending at $196,000 (90%). Extends the temporary adjustment to income thresholds from December 31, 2019 through December 31, 2023. | 113 S1198 IS: Medicare Fair Share Act of 2013 U.S. Senate 2013-06-20 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. 1198 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mrs. McCaskill Mr. Coburn Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for adjustments to Medicare part B and D premiums for high-income beneficiaries. 1. Short title This Act may be cited as the Medicare Fair Share Act of 2013 2. Adjustments to Medicare part B and D premiums for high-income beneficiaries (a) In general Section 1839(i) of the Social Security Act ( 42 U.S.C. 1395r(i) (1) in paragraph (2)(A), by inserting (or, in the case of 2015 or a subsequent year, $50,000) after $80,000 (2) in paragraph (3)— (A) in subparagraph (A)(i)— (i) by inserting applicable table (ii) by inserting and year individual (B) in subparagraph (C)(i)— (i) by striking (i) In general (i)(I) For 2007 through 2014 (ii) by adding at the end the following new subclause: (II) For 2015 and subsequent years For 2015 or a subsequent year: If the modified adjusted gross income is: The applicable percentage is: More than $50,000 but not more than $85,000 40 More than $85,000 but not more than $107,000 60 More than $107,000 but not more than $160,000 70 More than $160,000 but not more than $196,000 80 More than $196,000 90. . (b) Extension of temporary adjustment to income thresholds (1) In general Section 1839(i)(6) of the Social Security Act ( 42 U.S.C. 1395r(i)(6) (A) in the matter preceding subparagraph (A), by striking December 31, 2019 December 31, 2023 (B) in subparagraph (A), by striking equal to such amount for 2010; and (i) in the case of each of 2011, 2012, 2013, and 2014, such amount for 2010; and (ii) in the case of each of 2015 through 2023, such amount for 2015; and ; and (C) in subparagraph (B), by striking equal to such dollar amounts for 2010. (i) in the case of each of 2011, 2012, 2013, and 2014, such dollar amounts for 2010; and (ii) in the case of each of 2015 through 2023, such dollar amounts for 2015. . (2) Conforming amendment Section 1839(i)(5)(A) of the Social Security Act (42 U.S.C. 1395r(i)(5)(A)) is amended by inserting for such year paragraph (2) or (3) | Medicare Fair Share Act of 2013 |
Naval Vessels Transfer Act of 2013 - Authorizes the President to transfer on a grant basis to: (1) Mexico, the OLIVER HAZARD PERRY class guided missile frigates CURTS and MCCLUSKY; and (2) Thailand, the OLIVER HAZARD PERRY class guided missile frigates RENTZ and VANDEGRIFT. Authorizes the President to transfer on a sale basis the OLIVER HAZARD PERRY class guided missile frigates TAYLOR, GARY, CARR, and ELROD to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to the Taiwan Relations Act). States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; (2) transfer costs shall be charged to the recipient; and (3) to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards). Terminates transfer authority three years after enactment of this Act. | 113 S12 IS: Naval Vessel Transfer Act of 2013 U.S. Senate 2013-02-26 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. 12 IN THE SENATE OF THE UNITED STATES February 26, 2013 Mr. Coats Committee on Foreign Relations A BILL To provide for the transfer of naval vessels to certain foreign recipients. 1. Short title This Act may be cited as the Naval Vessel Transfer Act of 2013 2. Transfer of naval vessels to certain foreign recipients (a) Transfers by grant The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows: (1) Mexico To the Government of Mexico, the OLIVER HAZARD PERRY class guided missile frigates USS CURTS (FFG–38) and USS MCCLUSKY (FFG–41). (2) Thailand To the Government of Thailand, the OLIVER HAZARD PERRY class guided missile frigates USS RENTZ (FFG–46) and USS VANDEGRIFT (FFG–48). (b) Transfer by sale The President is authorized to transfer the OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG–50), USS GARY (FFG–51), USS CARR (FFG–52), and USS ELROD (FFG–55) to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (c) Alternative transfer authority Notwithstanding the authority provided in subsections (a) and (b) to transfer specific vessels to specific countries, the President is authorized, subject to the same conditions that would apply for such country under this Act, to transfer any vessel named in this Act to any country named in this Act such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this Act. (d) Grants not counted in annual total of transferred excess defense articles The value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (a) or (c) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (e) Costs of transfers Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (f) Repair and refurbishment in united states shipyards To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. (g) Expiration of authority The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. | Naval Vessel Transfer Act of 2013 |
Residential Energy Savings Act of 2013 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy (DOE) to establish a voluntary loan program to provide support to states, U.S. territories, and Indian tribal governments (eligible entities) in establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. Authorizes assistance provided by eligible entities to be in the form of a: (1) revolving loan fund; (2) credit enhancement structure designed to mitigate the effects of default; or (3) program that adopts other approaches for providing financing for upgrades producing significant energy efficiency gains, produces a high-leverage ratio of non-federal funds, and incorporates measures for making the loan repayment system for recipients of financing consumer-friendly. Requires the Secretary to establish a performance incentive providing a repayment discount in an amount equal to no more than the value of the interest accrued on the loan provided, based on performance as evaluated in accordance with specified factors. Makes an authorization of appropriations under this Act effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts. | 113 S1200 IS: Residential Energy Savings Act of 2013 U.S. Senate 2013-06-20 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. 1200 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Sanders Mr. Wyden Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to promote energy efficiency and energy savings in residential buildings. 1. Short title This Act may be cited as the Residential Energy Savings Act of 2013 2. State residential building energy efficiency upgrades loan pilot program (a) Loans for residential building energy efficiency upgrades Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. 367. Loans for residential building energy efficiency upgrades (a) Definitions In this section: (1) Consumer-friendly loan repayment approach The term consumer-friendly loan repayment approach (A) emphasizes convenience for customers; (B) is of low cost to consumers; and (C) may tie loan repayment to an existing bill of the consumer. (2) Eligible entity The term eligible entity (A) a State or territory of the United States; and (B) an Indian tribal government. (3) Energy advisor program (A) In general The term energy advisor program (B) Inclusions The term energy advisor program (i) interpretation of energy audit reports; (ii) assistance in the prioritization of improvements; (iii) assistance in finding qualified contractors; (iv) assistance in contractor bid reviews; (v) education on energy conservation, renewable energy, and energy efficiency; (vi) explanations of available incentives and tax credits; (vii) assistance in completion of rebate and incentive paperwork; and (viii) any other similar type of support. (4) Energy efficiency The term energy efficiency (5) Energy efficiency upgrade (A) In general The term energy efficiency upgrade (B) Inclusions The term energy efficiency upgrade (6) Residential building (A) In general The term residential building (B) Inclusions The term residential building (i) a single-family residence; (ii) a multifamily residence composed not more than 4 units; and (iii) a mixed-use building that includes not more than 4 residential units. (b) Establishment of program (1) In general The Secretary shall establish a program under this part under which the Secretary shall make available to eligible entities loans for the purpose of establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. (2) No requirement to participate No eligible entity shall be required to participate in any manner in the program established under paragraph (1). (c) Applications (1) In general To be eligible to receive a loan under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection In selecting eligible entities to receive loans under this section, the Secretary shall— (A) to the maximum extent practicable, ensure— (i) that both innovative and established approaches to the challenges of financing energy efficiency upgrades are supported; (ii) regional diversity among recipients, including participation by rural States and small States; and (iii) significant participation by low- and medium-income families; (B) evaluate applications based primarily on— (i) the projected reduction in energy use; (ii) the extent to which Federal funds are used to leverage additional funding from State, local, philanthropic, private sector, and other sources; (iii) the creditworthiness of the eligible entity; and (iv) the incorporation of measures, such as on-bill repayment, for making the loan repayment system for recipients of financing as consumer-friendly as practicable; and (C) evaluate applications based secondarily on— (i) the extent to which the proposed financing program of the eligible entity incorporates best practices for such a program, as determined by the Secretary; (ii) whether the eligible entity has created a plan for evaluating the effectiveness of the proposed financing program; (iii) the extent to which the proposed financing program incorporates energy advisor programs and support programs designed to increase the effectiveness of the program; (iv) the projected quantity of renewable energy to be generated, to the extent that renewable energy generation will be included; (v) the extent to which the proposed financing program will be coordinated and marketed with other existing or planned energy efficiency programs administered by— (I) utilities; (II) State, tribal, territorial, or local governments; or (III) community development financial institutions; and (vi) such other factors as the Secretary determines to be appropriate. (d) Term; interest (1) In general The Secretary shall establish terms and interest rates for loans provided to eligible entities under this section in a manner that— (A) provides for a high degree of cost recovery; and (B) ensures that the loans are competitive with, or superior to, other forms of financing for similar purposes. (2) Performance incentive The Secretary shall establish a performance incentive providing a repayment discount for eligible entities in an amount equal to not more than the value of the interest accrued on the loan provided to the applicable eligible entity under this section, based on performance as evaluated in accordance with the factors described in subparagraphs (B) and (C) of subsection (c)(2). (e) Use of funds (1) In general An eligible entity shall use a loan provided under this section to establish or expand a financing program— (A) the purpose of which is to enable residential building owners or tenants to conduct energy efficiency upgrades of residential buildings; (B) that may not require any initial capital, excluding fees; and (C) that incorporates a consumer-friendly loan repayment approach. (2) Structure of financing program The financing program of an eligible entity may— (A) consist— (i) primarily or entirely of a financing program administered by— (I) the applicable State; or (II) a local government, utility, or other entity; or (ii) of a combination of programs described in clause (i); and (B) rely on financing provided by— (i) the eligible entity; or (ii) a third party, acting through the eligible entity. (3) Form of assistance Assistance provided by an eligible entity under this subsection may be in the form of— (A) a revolving loan fund; (B) a credit enhancement structure designed to mitigate the effects of default; or (C) a program that— (i) adopts any other approach for providing financing for energy efficiency upgrades producing significant energy efficiency gains; (ii) produces a high-leverage ratio of non-Federal funds; and (iii) incorporates measures for making the loan repayment system for recipients of financing as consumer-friendly as practicable. (4) Scope of assistance Assistance provided by an eligible entity under this subsection may be used to pay for costs associated with carrying out an energy efficiency upgrade, including materials and labor. (f) Repayment An eligible entity shall repay to the Secretary the amount of a loan provided under this section, together with— (1) interest accrued on that amount; and (2) such fees as the Secretary determines to be necessary to recover any portion of the costs of the program under this section. (g) Reports (1) Eligible entities (A) In general Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including anonymized loan performance data. (B) Requirements The Secretary, in consultation with eligible entities and other stakeholders (such as lending institutions and the real estate industry), shall establish such requirements for the reports under this paragraph as the Secretary determines to be appropriate— (i) to ensure that the reports are clear, consistent, and straightforward; and (ii) taking into account the reporting requirements for similar programs in which the eligible entities are participating, if any. (2) Secretary The Secretary shall submit to Congress and make available to the public— (A) not less frequently than once each year, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under paragraph (1)(A); and (B) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. (h) Maximum amount The Secretary may provide to eligible entities a total of not more than $2,000,000,000 in loans under this section for the costs of activities described in subsection (e). . (b) Reorganization (1) In general Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. (A) by redesignating sections 362, 363, 364, 365, and 366 as sections 364, 365, 366, 363, and 362, respectively, and moving the sections so as to appear in numerical order; (B) in section 362 (as so redesignated)— (i) in paragraph (3)(B)(i), by striking section 367, and section 367 (as in effect on the day before the date of enactment of the State Energy Efficiency Programs Improvement Act of 1990 ( 42 U.S.C. 6201 Public Law 101–440 (ii) in each of paragraphs (4) and (6), by striking section 365(e)(1) section 363(e)(1) (C) in section 363 (as so redesignated)— (i) in subsection (b), by striking the provisions of sections 362 and 364 and subsection (a) of section 363 sections 364, 365(a), and 366 (ii) in subsection (g)(1)(A), in the second sentence, by striking section 362 section 364 (D) in section 365 (as so redesignated)— (i) in subsection (a)— (I) in paragraph (1), by striking section 362, section 364; (II) in paragraph (2), by striking section 362(b) or (e) subsection (b) or (e) of section 364 (ii) in subsection (b)(2), in the matter preceding subparagraph (A), by striking section 362(b) or (e) subsection (b) or (e) of section 364 (2) Conforming amendments Section 391 of the Energy Policy and Conservation Act ( 42 U.S.C. 6371 (A) in paragraph (2)(M), by striking section 365(e)(2) section 363(e)(2) (B) in paragraph (10), by striking section 362 of this Act section 364 (3) Clerical amendment The table of contents of the Energy Policy and Conservation Act ( 42 U.S.C. 6201 Public Law 94–163 Part D—State energy conservation programs Sec. 361. Findings and purpose. Sec. 362. Definitions. Sec. 363. General provisions. Sec. 364. State energy conservation plans. Sec. 365. Federal assistance to States. Sec. 366. State energy efficiency goals. Sec. 367. Loans for residential building energy efficiency upgrades. . 3. Funding (a) 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 (b) Advance appropriations required An authorization of appropriations under this Act or an amendment made by this Act shall be effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts. | Residential Energy Savings Act of 2013 |
Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 - Prohibits the obligation or expenditure of funds made available to the Central Intelligence Agency (CIA), the Department of Defense (DOD), or any other U.S. agency or entity involved in intelligence activities for the purpose of, or in a manner which would have the effect of, supporting military or paramilitary operations in Syria. Makes an exception for funds obligated for non-lethal humanitarian assistance for the Syrian people provided directly by the U.S. government through nongovernmental organizations and contractors or foreign governments. Nullifies such prohibition only if a joint resolution approving assistance for military or paramilitary operations in Syria is enacted. Directs the Secretary of State to report every 90 days on assistance provided to groups, organizations, movements, and individuals in Syria. | 113 S1201 IS: Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 U.S. Senate 2013-06-20 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. 1201 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Udall of New Mexico Mr. Lee Mr. Murphy Mr. Paul Select Committee on Intelligence A BILL To restrict funds related to escalating United States military involvement in Syria. 1. Short title This Act may be cited as the Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 2. Prohibition on funds to escalate United States military involvement in Syria (a) In general Except as provided under subsection (b), no funds made available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose of, or in a manner which would have the effect of, supporting, directly or indirectly, military or paramilitary operations in Syria by any nation, group, organization, movement, or individual. (b) Exception The prohibition under subsection (a) does not apply to funds obligated for non-lethal humanitarian assistance for the Syrian people provided directly by the United States Government, through nongovernmental organizations and contractors, or through foreign governments. (c) Duration of prohibition The prohibition under subsection (a) shall cease to apply only if a joint resolution approving assistance for military or paramilitary operations in Syria is enacted. (d) Quarterly reports Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to Congress a report on assistance provided to groups, organizations, movements, and individuals in Syria. (e) Non-Lethal humanitarian assistance defined In this Act, the term non-lethal humanitarian assistance | Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 |
Safeguarding America's Future and Environment Act or SAFE Act - Requires the President to establish an interagency Natural Resources Climate Change Adaptation Panel to: (1) adopt the National Fish, Wildlife, and Plants Climate Adaptation Strategy (released March 26, 2013) to protect, restore, and conserve natural resources so that such resources become more resilient, adapt to, and withstand the impacts of extreme weather and climate change; and (2) review and revise such strategy every four years. Requires each agency represented on such panel to integrate the elements of such strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, and programs. Requires the Secretary of the Interior to establish a National Climate Change and Wildlife Science Center within the United States Geological Survey (USGS) to assess and develop scientific information, tools, strategies, and techniques to be used to address the impacts of extreme weather and climate change on natural resources. Requires the Secretary of Commerce and the Secretary of the Interior to establish a Science Advisory Board to advise such Panel on the state of the science regarding such impacts and strategies and mechanisms for natural resources adaptation. Requires each agency represented on such panel to submit to the President a natural resources adaptation plan to address such impacts and implement the plan upon approval by the President. Requires states, in order to be eligible to receive funding under this Act, to submit to the Secretary of the Interior and, as applicable, the Secretary of Commerce for review and approval a state natural resources adaptation plan that details efforts to address impacts of climate change on natural resources and coastal areas. | 114 S1601 IS: SAFE Act U.S. Senate 2015-06-17 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 114th CONGRESS 1st Session S. 1601 IN THE SENATE OF THE UNITED STATES June 17, 2015 Mr. Whitehouse Committee on Environment and Public Works A BILL To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities, and for other purposes. 1. Short title This Act may be cited as the Safeguarding America's Future and Environment Act SAFE Act 2. Findings, purposes, and policy (a) Findings Congress finds that— (1) healthy, diverse, and productive communities of fish, wildlife, and plants provide significant benefits to the people and economy of the United States, including— (A) abundant clean water supplies; (B) flood and coastal storm protection; (C) clean air; (D) a source of food, fiber, medicines, and pollination of the crops and other plants of the United States; (E) outdoor recreation, which is a source of jobs and economic stimulus; (F) hunting and fishing opportunities and support for subsistence communities; (G) opportunities for scientific research and education; (H) world-class tourism destinations that support local economies; and (I) sequestration and storage of carbon to help mitigate changes to the global climate system; (2) the United States Geological Survey, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the fish, wildlife, and plants of the United States are facing increasing risks from changing patterns of extreme weather and climate, including— (A) severe droughts and heatwaves; (B) severe storms and floods; (C) frequent and severe wildfires; (D) more frequent and severe outbreaks of forest pests and invasive species; (E) flooding and erosion of coastal areas due to rising sea levels; (F) melting glaciers and sea ice; (G) thawing permafrost; (H) shifting distributions of fish, wildlife, and plant populations; (I) disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations; (J) increasing ocean temperatures and acidification; (K) altered patterns of rain, snow, runoff, and streamflow; and (L) habitat loss, degradation, fragmentation, and movement; and (3) the Federal Government should provide leadership in preparing for and responding to the effects described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse fish, wildlife, and plant resources of the United States. (b) Purposes The purpose of this Act is to establish an integrated national approach— (1) to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States; and (2) to maximize Government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities. (c) National fish, wildlife, and plants climate change adaptation policy It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders to evaluate and reduce the increased risks and vulnerabilities associated with climate change and extreme weather events, and to use all practicable means to protect, manage, and conserve healthy, diverse, and productive fish, wildlife, and plant populations. 3. Definitions In this Act: (1) Adaptation The term adaptation (A) the process of adjustment to actual or expected climate and the effects of climate change; and (B) with respect to fish, wildlife, and plants, protection, management, and conservation efforts designed to maintain or enhance the ability of fish, wildlife, and plants to withstand, adjust to, or recover from the effects of extreme weather and climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (2) Center The term Center (3) Committee The term Committee (4) Ecological processes The term ecological processes (A) decomposition; (B) disease epizootiology; (C) disturbance regimes, such as fire and flooding; (D) gene flow; (E) hydrological cycling; (F) larval dispersal and settlement; (G) nutrient cycling; (H) pollination; (I) predator-prey relationships; and (J) soil formation. (5) Habitat The term habitat (6) Habitat connectivity The term habitat connectivity (A) for migration, gene flow, or dispersal; or (B) to respond to the ongoing and expected effects of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (7) Indian tribe The term Indian tribe 25 U.S.C. 450b (8) National strategy The term National Strategy (9) Resilience; resilient The terms resilience resilient (10) State The term State (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (11) Working group The term Working Group 4. National fish, wildlife, and plants climate adaptation strategy joint implementation working group (a) Establishment Not later than 90 days after the date of enactment of this Act, the President shall establish a National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group composed of the heads of Federal and State agencies or departments with jurisdiction over fish, wildlife, and plant resources of the United States, and tribal representatives, as follows: (1) The Administrator of the Environmental Protection Agency. (2) The Administrator of the Federal Emergency Management Agency. (3) The Administrator of the National Oceanic and Atmospheric Administration. (4) The Chair of the Council on Environmental Quality. (5) The Chief of Engineers. (6) The Chief of the Forest Service. (7) The Commissioner of Reclamation. (8) The Director of the Bureau of Indian Affairs. (9) The Director of the Bureau of Land Management. (10) The Director of the National Park Service. (11) The Director of the United States Fish and Wildlife Service. (12) The Director of the United States Geological Survey. (13) The Secretary of Agriculture. (14) The Secretary of Defense. (15) State representatives from each regional association of State fish and wildlife agencies. (16) Not less than 2 tribal representatives. (b) Duties The Working Group shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the National Strategy. (c) Co-Chairs There shall be 4 co-chairs, of whom— (1) 2 shall be representatives of the Federal Government; (2) 1 shall be a representative of a State; and (3) 1 shall be a tribal representative. 5. National fish, wildlife, and plants climate adaptation strategy (a) In general The Working Group shall adopt the National Strategy to protect, manage, and conserve fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand the ongoing and expected effects of extreme weather and climate change. (b) Review and revision Not later than 1 year after each release of the assessment required under section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 (1) use sound science to review and revise the National Strategy to incorporate— (A) new information regarding the ongoing and expected effects of climate change on fish, wildlife, and plants; and (B) advances in the development of fish, wildlife, and plant adaptation strategies; and (2) in carrying out paragraph (1), provide public notice and opportunity for comment. (c) Contents A revised National Strategy shall— (1) assess the vulnerability of fish, wildlife, and plants to climate change, including short-term, medium-term, long-term, and cumulative impacts; (2) describe current, observation, and monitoring activities at the Federal, State, tribal, and local levels relating to the ongoing and expected effects of climate change on fish, wildlife, and plants; (3) identify and prioritize research and data needs; (4) identify fish, wildlife, and plants likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding effects of extreme weather and climate change; (5) include specific protocols for integrating fish, wildlife, and plant adaptation strategies and activities into the conservation and management of natural resources by Federal agencies to ensure consistency across agency jurisdictions; (6) identify opportunities for maintaining, restoring, or enhancing fish, wildlife, and plants to reduce the risks of extreme weather and climate change on other vulnerable sectors of society; (7) identify Federal policies and actions that may reduce resilience and increase the vulnerability of fish, wildlife, and plants to extreme weather and climate change; (8) include specific actions that Federal agencies shall take to protect, conserve, and manage fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand, adjust to, or recover from the ongoing and expected effects of climate change, including a timeline to implement those actions; (9) include specific mechanisms for ensuring communication and coordination— (A) among Federal agencies; and (B) between Federal agencies and State agencies, territories of the United States, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over fish, wildlife, and plants with the United States; (10) include specific actions to develop and implement coordinated fish, wildlife, and plants inventory and monitoring protocols through interagency coordination and collaboration with States and local governments, Indian tribes, and private organizations; and (11) include procedures for guiding the development of detailed strategy implementation plans required under section 7. (d) Implementation (1) In general Consistent with other laws and Federal trust responsibilities concerning Indian land or rights of Indians under treaties with the United States, each Federal agency shall integrate the elements of the National Strategy that relate to conservation, management, and protection of fish, wildlife, and plants into agency plans, environmental reviews, and programs. (2) Public report The Working Group shall, on a biannual basis, between revisions to the National Strategy, make available to the public a report documenting any actions implementing the Strategy. (3) Coordination The Working Group shall coordinate the implementation of the National Strategy with Federal agencies not represented on the Working Group to achieve the policy of the United States described in section 2(c). 6. Fish, wildlife, and plants adaptation science and information (a) National climate change and wildlife science center (1) Authorization The Secretary of the Interior, in collaboration with the States, Indian tribes, and other partner organizations, shall establish a National Climate Change and Wildlife Science Center. (2) Duties of center The Center shall assess and develop scientific information, tools, strategies, and techniques to support the Working Group, Federal and State agencies, tribes, regionally based science and conservation centers, regional coordinating entities, and other interested parties in addressing the effects of extreme weather and climate change on fish, wildlife, and plants. (3) General authority to enter into contracts, grants, and cooperative agreements The Secretary may enter into contracts, grants, or cooperative agreements with State agencies, State cooperative extension services, institutions of higher education, other research or educational institutions and organizations, tribal organizations, Federal and private agencies and organizations, individuals, and any other contractor or recipient, to further the duties under paragraph (2) without regard to— (A) any requirements for competition; (B) section 6101 of title 41, United States Code; or (C) subsections (a) and (b) of section 3324 of title 31, United States Code. (b) Advisory committee on climate change and natural resource sciences (1) In general Not later than 180 days after the date of enactment of this Act, and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary of the Interior shall establish an Advisory Committee on Climate Change and Natural Resource Sciences. (2) Membership The Committee shall be comprised of 25 members who— (A) represent— (i) Federal agencies; (ii) State, local, and tribal governments; (iii) nongovernmental organizations; (iv) academic institutions; and (v) the private sector; and (B) have expertise in— (i) biology (including fish, wildlife, plant, aquatic, coastal, and marine biology); (ii) ecology; (iii) climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire); and (iv) other relevant scientific disciplines. (3) Chair The Secretary of the Interior shall appoint a Committee Chair from among the members of the Committee. (4) Duties The Committee shall— (A) advise the Working Group on the state of the science regarding— (i) the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants; and (ii) scientific strategies and mechanisms for fish, wildlife, and plant adaptation; (B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A) to inform the research priorities of the Center described in subsection (a) and other Federal climate science institutions; and (C) review and comment on each revised National Strategy before that National Strategy is finalized. (5) Collaboration The Committee shall collaborate with climate change and fish, wildlife, and plant research entities in other Federal agencies and departments. (6) Availability to public The advice and recommendations of the Committee shall be made available to the public. 7. Strategy implementation plan (a) Development Not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, the Working Group shall— (1) complete a strategy implementation plan; (2) provide opportunities for public review and comment on the plan; and (3) submit the plan to the President for approval. (b) Requirements The strategy implementation plan shall— (1) identify and prioritize specific conservation and management strategies and actions that address the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants, including— (A) protection, management, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; (B) establishment of terrestrial, marine, estuarine, and freshwater habitat connectivity corridors; (C) restoration and conservation of ecological processes; (D) protection of a broad diversity of species of fish, wildlife, and plant populations; and (E) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; (2) establish methods— (A) to assess the effectiveness of strategies and conservation actions implemented by the agencies to protect, manage, and conserve fish, wildlife, and plants; and (B) to update those strategies and actions to respond to new information and changing conditions; (3) describe current and proposed mechanisms to enhance cooperation and coordination of fish, wildlife, and plant adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders; (4) include written guidance to resource managers; and (5) identify and assess data and information gaps necessary to develop fish, wildlife, and plant adaptation plans and strategies. (c) Implementation (1) In general On approval by the President, each Federal agency shall, consistent with existing authority, implement the strategy implementation plan under subsection (a)(1) through existing and new plans, policies, programs, activities, and actions, including integration into climate adaptation plans pursuant to Executive Order 13653 ( 42 U.S.C. 4321 (2) Consideration of effects To the maximum extent practicable and consistent with existing authority, fish, wildlife, and plant conservation and management decisions made by each Federal agency shall consider and promote resilience to the ongoing and expected effects of extreme weather and climate change. (d) Revision and review Not later than 1 year after the National Strategy is revised under section 5(b), the Working Group shall review and revise the strategy implementation plan under subsection (a)(1) to incorporate the best available science, including advice and information pursuant to section 6 and other information, regarding the ongoing and expected effects of climate change on fish, wildlife, and plants. 8. State fish, wildlife, and plants adaptation plans (a) Requirement To be eligible to receive funds pursuant to subsection (d), not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, each State shall prepare and submit to the Secretary of the Interior and the Secretary of Commerce, a State fish, wildlife, and plant adaptation plan detailing current and future efforts of the State to address the ongoing and expected effects of climate change on fish, wildlife, and plants and coastal areas within the jurisdiction of the State. (b) Review or approval The Secretary of the Interior and the Secretary of Commerce shall— (1) review each State adaptation plan; and (2) approve a State adaptation plan if the plan— (A) meets the requirements of subsection (c); and (B) is consistent with the National Strategy. (c) Contents A State adaptation plan shall— (1) meet the requirements described in section 7(b); (2) include the adaptation provisions of any State comprehensive wildlife conservation strategy (or State wildlife action plan) that has been— (A) submitted to the Director of the United States Fish and Wildlife Service; and (B) approved, or is pending approval, by the Director of the United States Fish and Wildlife Service; (3) include the adaptation provisions of a statewide assessment and strategy for forest resources required under section 2A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101a (A) submitted to the Secretary of Agriculture; and (B) approved, or is pending approval, by the Secretary of Agriculture; and (4) include the adaptation provisions of a Coastal Zone Management Plan or a Coastal and Estuarine Land Conservation Program Plan that has been— (A) submitted to the Administrator of the National Oceanic and Atmospheric Administration; and (B) approved, or is pending approval, by the Administrator of the National Oceanic and Atmospheric Administration. (d) Distribution of funds to States Any funds made available pursuant to this Act shall be— (1) used to carry out activities in accordance with adaptation plans approved under this section; and (2) made available through— (A) the State and tribal wildlife grant program under title I of division F of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 (B) (i) the grant program under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 (ii) the Coastal and Estuarine Land Conservation Program established under title II of the Department of Commerce and Related Agencies Appropriations Act, 2002 ( 16 U.S.C. 1456d (iii) programs established under the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101 et seq. (e) Public input In developing an adaptation plan, a State shall solicit and consider input from the public and independent scientists. (f) Coordination with other plans A State adaptation plan shall, where appropriate, integrate the goals and measures set forth in other climate adaptation, hazard mitigation, and fish, wildlife, and plant conservation strategies and plans. (g) Updates Each State adaptation plan shall be updated at least every 4 years. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary. | SAFE Act |
Promoting Adoption and Promoting Responsible Fatherhood Act of 2013 - Amends part B (Child and Family Services) of title IV of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and maintain an automated National Responsible Father Registry. Requires the Registry to: (1) contain specified kinds of information sufficient to identify a possible father, and (2) provide a mechanism for men to register such identifying information directly with the Registry. Limits access to Registry information to eligible parties, including: (1) public and licensed private adoption or child placement agencies, (2) licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers, (3) state agencies or entities responsible for the placement of children, and (4) state courts. Directs the Secretary to establish a nationwide campaign designed to inform possible fathers, unwed mothers, possible adoptive parents, and eligible parties of the National Registry, the advantages of possible fathers registering either in the National Registry or State Responsible Father Registries, or both, the rights and responsibilities of such parties with regard to a proceeding, and the role of such Registries in a proceeding. Directs the Secretary to use all reasonable efforts to encourage states to enter into agreements to establish automated State Responsible Father Registries and centers that make registration forms easily accessible to possible fathers. Authorizes the Secretary to make a grant to a state to establish a State Registry or modify an existing one to meet the requirements of this Act. | 113 S1203 IS: Protecting Adoption and Promoting Responsible Fatherhood Act of 2013 U.S. Senate 2013-06-20 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. 1203 IN THE SENATE OF THE UNITED STATES June 20, 2013 Ms. Landrieu Mr. Inhofe Committee on Finance A BILL To promote permanent families for children, privacy and safety for unwed mothers, responsible fatherhood, and security for adoptive parents by establishing a National Responsible Father Registry and encouraging States to enter into agreements to contribute the information contained in the State’s Responsible Father Registry to the National Responsible Father Registry, and for other purposes. 1. Short title This Act may be cited as the Protecting Adoption and Promoting Responsible Fatherhood Act of 2013 2. Findings and purposes (a) Findings Congress makes the following findings: (1) Responsible father registries, also known as possible father registries or putative father registries, exist in as many as 34 States. (2) The Supreme Court of the United States in Lehr v. Robertson (463 U.S. 248) (1983), found responsible father registries to be constitutional. (3) Responsible father registries help to speed up the stable placement of children by providing a mechanism to determine whether there are any possible fathers who may have an interest in participating in the placement decisions of the child so that the possible father can timely assert his rights or so that the father’s rights can be waived, surrendered, or terminated and the child made available for adoption or placement. (4) Responsible father registries protect the privacy and safety of unwed mothers by removing the burden from the mother to provide information about any possible fathers, disclosure of which would be an invasion of her privacy and may cause harm to the mother, particularly in the case of rape or domestic violence. (5) Responsible father registries serve to protect the rights of men who wish to be involved in the placement decisions of a child they believe they may have fathered by creating a mechanism for such men to undertake responsibility and to protect their rights without having to rely upon others to protect their rights, and to indicate their desire to be notified in a timely manner of certain legal proceedings related to the child, including proceedings related to termination of rights, adoption, and the placement of the child into State custody. (6) Responsible father registries protect the privacy of possible fathers by providing a mechanism for men to submit identifying information to a database with restricted access. (7) Responsible father registries protect the interests of adoptive parents and increase the security of adoptions by reducing the risk that possible fathers cannot be located in a timely manner. One of the biggest risks to the finalization of an adoption is the inability of the parties to an adoption proceeding to timely locate the possible fathers. When possible fathers are not provided with timely notice of an adoption proceeding related to a child they may have fathered and discover such proceeding later, the adoption proceeding often is delayed or disrupted. In addition to causing emotional stress and significant costs associated with this problem, such cases, particularly when they attract media attention, create a chilling effect on adoption in that prospective adoptive parents may decide not to pursue the option of adoption for fear that they will be involved in such a case. (8) Interstate travel of mothers and the filing of legal actions relating to a child in a State other than the State in which a possible father may have registered may circumvent and eliminate the protections such unwed mothers and possible fathers are provided by the individual State Responsible Father Registries, because there are no agreements or mechanisms between the States to identify or to provide notice to possible fathers who have registered in another State. (9) The inability of States to coordinate and cross-check their responsible father registries may jeopardize or delay the placement of the child in a permanent home and undermines the benefits to unwed mothers, protections intended for registered possible fathers, and security for adoptive parents that State registries are intended to afford. (b) Purposes The purposes of this Act are— (1) to provide for a national database that would accept possible father registrations from participating State Responsible Father Registries and directly from possible fathers, and would transmit the results of specific searches of such registrations to authorized parties involved in any State’s proceedings, whether the State participates in the national registry or not, for adoption, the placement of a child in State custody, or the termination of a father’s rights; (2) to enable children to find a permanent home more quickly by providing identifying information on possible fathers thereby enabling the fathers’ rights to be addressed in a more timely manner; (3) to remove the burden from the mother of having to identify potential fathers, to protect her privacy and safety, especially in cases of rape or domestic violence; (4) to empower men to take responsibility for the protection of their rights by enabling them to register in a participating State or directly with the national registry, increasing the likelihood of men receiving notice of a proceeding in another State and reducing the opportunity for the mother to deprive a possible father of the ability to assert his rights by withholding accurate information concerning the possible father, by moving, or by traveling to another State; and (5) to reduce the risk to prospective adoptive parents of delayed or disrupted placements resulting from challenges to adoptions due to a possible father’s untimely receipt of notice of such proceedings. 3. Registries to facilitate adoptions Part B of title IV of the Social Security Act 42 U.S.C. 620 et seq. 4 National and State Responsible Father Registries to facilitate adoptions 445. Definitions In this subpart: (1) Business day The term business day (2) Eligible party The term eligible party (A) public and licensed private adoption or child placement agencies gathering information for a planned or pending adoption or the termination of rights of one or more possible fathers; (B) licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers; (C) State agencies or entities responsible for the placement of children; and (D) State courts. (3) National Responsible Father Registry The term National Responsible Father Registry (4) Notice The term notice (5) Pending adoption The term pending adoption (6) Planned adoption The term planned adoption (7) Proceeding The term proceeding (8) Possible father The term possible father putative father (9) Search The term search (10) State Responsible Father Registry The term State Responsible Father Registry (11) Participating State The term participating State 445A. National Responsible Father Registry (a) Establishment and maintenance (1) In general Not later than the date that is 180 days after the date of enactment of this subpart, the Secretary shall establish and maintain an automated National Responsible Father Registry that contains the information described in section 445C(c) and that provides a mechanism for men to register such information directly with the National Responsible Father Registry. (2) Data entry and deletion requirements (A) Data entry Information transmitted by a State or a possible father under section 445C(d)(2) shall be entered into the National Responsible Father Registry not later than the date that is 2 business days after the date on which such information is received. (B) Responsible father registration The Secretary shall establish procedures under which a possible father may submit the information described in section 445C(c) directly to the Secretary for the purpose of including such information in the National Responsible Father Registry. Such procedures shall— (i) require the possible father to verify by submission of a sworn statement or such other means as the Secretary determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge; (ii) provide that no fee shall be charged to the possible father for registering in the National Responsible Father Registry; and (iii) allow possible fathers to submit registrations by mail or electronic means. (C) Application of Federal penalties for submission of false information Any person who knowingly submits false information to the National Responsible Father Registry directly or indirectly through transmission of information submitted to a State Responsible Father Registry shall be subject to penalties in accordance with the provisions of section 1001 (D) Deletion of data Information entered into the National Responsible Father Registry shall remain in the registry for not less than 20 years from the date of entry. (3) Access to information in the National Responsible Father Registry (A) In general Subject to subparagraph (B), access to the information contained in the National Responsible Father Registry is limited to an eligible party. (B) Limited access for registrants Each possible father who registers in the National Responsible Father Registry may file a search request with the Secretary for the limited purpose of confirming that the information he provided is contained in the National Registry. (4) Search requests (A) By an eligible party The Secretary shall accept a request from an eligible party to search the National Responsible Father Registry only if the request has been verified for authenticity. (B) By a registrant The Secretary shall accept a request from a possible father who has registered in the National Responsible Father Registry to search the National Responsible Father Registry only if the request has been verified for authenticity. (C) Fee The Secretary is authorized to charge a reasonable fee for a search conducted under this section. (5) Limitation on disclosure of information No information contained in the National Responsible Father Registry shall be disclosed to any person if the disclosure of the information would contravene a national security interest of the United States or if the disclosure would compromise the confidentiality of census data. (6) Methods for requesting a search of the national database An eligible party may request a search under this section either electronically or through the mail. (7) Certificate of search (A) Issuance Within 2 business days of receipt of a search request, the Secretary shall issue by mail or electronic means a certificate of search to the person who requested the search. (B) Contents of eligible party search The certificate of search on behalf of an eligible party shall contain— (i) the names and most recent contact information for all possible fathers who are registered in the National Responsible Father Registry or registered in any participating State Responsible Father Registry; (ii) the latest date through which data in the National Responsible Father Registry has been updated; and (iii) the list of the State Responsible Father Registries whose data is included in the search database and the date through which the data from each participating State was last updated. (C) Contents of registrant search The certificate of search on behalf of a possible father who has registered in the National Responsible Father Registry shall only contain the information provided to the Secretary by the registrant himself or provided by the registrant to a participating State registry and transmitted by that State registry to the Secretary. (D) Effect of certificate A certificate of search issued under subparagraph (B) shall serve as evidence of efforts by the eligible party who requested the search to locate a possible father in order to provide those possible fathers identified in the certificate with notice of a proceeding. (b) National educational campaign The Secretary shall establish a nationwide responsible fatherhood and responsible father registry educational campaign that is designed to inform possible fathers, unwed mothers, possible adoptive parents, and eligible parties of the existence of the National Responsible Father Registry, the advantages of possible fathers registering either in the National Responsible Father Registry or a State Responsible Father Registry, or both, the rights and responsibilities of possible fathers, unwed mothers, possible adoptive parents, and eligible parties with regard to a proceeding, and the role of the National Responsible Father Registry and a State Responsible Father Registry in a proceeding. 445B. Agreements with States to promote responsible fatherhood (a) In general The Secretary shall use all reasonable efforts to encourage States to enter into an agreement with the Secretary to become a participating State under this subpart. Such agreements shall— (1) require that the State comply with the requirements for State Responsible Father Registries under section 445C; (2) require that the State provide for a process under which a registered possible father will receive notice of a proceeding at the most recent address he provided to the registry, within State determined guidelines and time limits; (3) require the State to provide annual reviews and reports to the Secretary on the State Responsible Father Registry, including such information as may be necessary to measure compliance with the requirements under this subpart; (4) require the State to, in accordance with standards prescribed by the Secretary, cooperate with other States and the Federal Government to assist individuals and governments in their efforts to locate and provide notice to possible fathers; (5) encourage the State to establish or designate a single organizational unit within the State that meets such staffing and organizational requirements as the Secretary may prescribe to administer the State Responsible Father Registry; (6) encourage the State to enter into cooperative agreements between the State and appropriate entities, such as those specified in section 445C(e)(2), to assist the organizational unit established or designated to administer the State Responsible Father Registry; (7) encourage the State to amend its long-arm jurisdictional statute to ensure that personal jurisdiction is established in a proceeding for a father registered in the National Responsible Father Registry; (8) encourage States to develop, establish, and operate programs that are designed— (A) to improve the protection of the rights of possible fathers in a proceeding; (B) to assist mothers in making responsible plans for their children's future; and (C) to protect the privacy and safety of possible fathers and of birth mothers, including those who have been the victims of violence, by, among other things, enabling birth mothers to proceed with an adoption or placement plan without being required to disclose her sexual partners; and (9) encourage States to enact laws and regulations to address the pre-birth abandonment of a child by the biological father and abandonment of a child by the biological father subsequent to birth. (b) Grants To promote responsible fatherhood An agreement with a State that meets the requirements of subsection (a) may include a grant to the State as provided for under section 445D. 445C. State Responsible Father Registries (a) Establishment and maintenance (1) In general Subject to paragraph (2), each State that is a participating State under this subpart shall provide assurances to the Secretary that the State has, or will establish, and will maintain an automated responsible father registry that meets the requirements of this section. (2) Existing State Responsible Father Registries A State that has a responsible father registry in existence on the date of enactment of this subpart and desires to enter into an agreement with the Secretary under section 445B shall provide assurances to the Secretary that the State will, not later than 180 days from the last day of the first regular session of the State legislature that begins after the date of enactment of this subpart, modify the registry to the extent necessary for the registry to meet the requirements of this section with respect to responsible fathers who register with the State on or after that day. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate, regular session of the State legislature. (b) Registration with the State Responsible Father Registry (1) Submission of information The State shall establish procedures under which the possible father of a child may submit the information described in subsection (c) to the State for the purpose of including the information in the State Responsible Father Registry. Such procedures shall provide that, in order for the possible father to be entitled to notice of any proceeding, the possible father must submit information for inclusion in the State Responsible Father Registry within State-determined time limits. (2) Verification The procedures established under paragraph (1) shall require the possible father to verify by submission of a sworn statement or such other means as the State, in consultation with the Secretary, determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge. (c) Contents With respect to a child, the State Responsible Father Registry shall contain information sufficient to identify the possible father, which may include (but is not limited to)— (1) the name of the possible father (including any other names by which he may be known); (2) the date of birth of the possible father; (3) the Social Security number of the possible father, if any; (4) the State of issue and driver's license number of the possible father, if any; (5) the address provided by the possible father at which he requests notice; (6) all known telephone numbers for the possible father; (7) the name and address of the employer of the possible father, if any; (8) the name of the mother (including any other names by which she may be known); (9) the most recent address of the mother, if known; (10) the date of birth of the mother, if known; (11) the Social Security number of the mother, if known; (12) the State of issue and driver's license number of the mother, if known; (13) the city and State where possible conception took place; (14) the date or estimated date (or range of dates) of possible conception; (15) the birth date of the child or the approximate delivery date, if known; and (16) the name and gender of the child, if known. (d) Collection of State information and transmission to the National Responsible Father Registry (1) Collection The State shall collect the information described in subsection (c) submitted by the possible father and enter such information into the State Responsible Father Registry. (2) Transmission Not later than the date that is 3 business days after the date on which any information described in subsection (c) is entered into the State Responsible Father Registry, the State shall furnish such information to the Secretary, in an electronic format designated by the Secretary, for purposes of including the information in the National Responsible Father Registry. (3) Requirement The procedures established under subsection (b)(1) shall include a means by which a possible father is informed that the registry may be used to establish an obligation to support a child or children. Except as provided in subsection (g), registration shall not constitute an admission of guilt to any crime under Federal or State law. (e) Establishment of Registration Centers (1) In general The State shall establish centers in various locations throughout the State so that registration forms for the State Responsible Father Registry are easily accessible to possible fathers. (2) Sites The sites of the centers described in paragraph (1) may include (but are not limited to) the following: (A) State and local hospitals. (B) Courthouses in which family courts are located. (C) State departments of motor vehicles. (D) State welfare agencies. (E) State health department offices. (F) State vital records offices. (G) State probate courts. (H) State-operated or -sponsored websites for each center established in accordance with this subsection. (f) Method of submitting registration The State shall permit a possible father to submit information to the State Responsible Father Registry electronically, in person, or by mail. The State shall not charge a fee for registering in the State Responsible Father Registry. (g) Penalties for submission of false information A State shall have in effect a law that provides that any person who knowingly submits false information to a State Responsible Father Registry shall be guilty of the highest class of misdemeanor under State law. (h) Accuracy of data A possible father is solely responsible for the accuracy of the information contained in his registration and he shall be responsible for updating the information, if needed to keep it accurate. The information contained in the registration is presumed accurate. Notice regarding a proceeding shall be deemed received by the possible father if sent or delivered to him at the most recent address he provided in subsection (c)(5). (i) Privacy safeguards The State shall establish procedures to ensure that the information maintained in the State Responsible Father Registry is subject to the same privacy safeguards as the privacy safeguards required under section 454(26). 445D. Grants to States to promote responsible fatherhood (a) Grants to States The Secretary may make a grant to a State that enters into an agreement with the Secretary pursuant to section 445B to become a participating State for purposes of— (1) modifying an existing State Responsible Father Registry to the extent necessary for the registry to meet the requirements of section 445C; or (2) establishing a State Responsible Father Registry that meets the requirements of section 445C. (b) Condition As a condition for receiving a grant under this section, a State shall agree to— (1) maintain an automated State Responsible Father Registry in accordance with the requirements of section 445C; and (2) support the nationwide responsible fatherhood and responsible father registry educational campaign established under section 445A(b). (c) Amount A grant made under this section shall be in such an amount as the Secretary determines appropriate. (d) Use of funds Funds received under a grant made under this section may be used to reimburse a participating State in whole or in part for costs incurred to modify an existing State Responsible Father Registry or to establish a State Responsible Father Registry, and to reimburse the State in whole or in part for costs incurred to satisfy the conditions specified in subsection (b). (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary for fiscal year 2014 and each fiscal year thereafter for purposes of making grants to States under this section. . | Protecting Adoption and Promoting Responsible Fatherhood Act of 2013 |
Health Care Conscience Rights Act - Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in such title shall require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering or issuing, to that individual, individual coverage excluding such item or service. Makes similar denials about requiring a sponsor to sponsor, purchase, or provide such coverage, or a health insurance issuer or group health plan sponsor to cover an abortion or other item or service to which the sponsor or issuer has a moral or religious objection. Denies also that such title authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, in relation to health insurance coverage or a group health plan that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action to be commenced and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity. | 113 S1204 IS: Health Care Conscience Rights Act U.S. Senate 2013-06-20 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. 1204 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Coburn Mrs. Fischer Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services, to amend the Public Health Service Act to prohibit certain abortion-related discrimination in governmental activities, and for other purposes. 1. Short title This Act may be cited as the Health Care Conscience Rights Act 2. Findings Congress finds as follows: (1) As Thomas Jefferson declared to New London Methodists in 1809, [n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority (2) Jefferson’s conviction on respect for conscience is deeply embedded in the history and traditions of our Nation, and codified in numerous Federal laws approved by congressional majorities and Presidents of both parties, including in the Public Health Service Act (42 U.S.C. 201 et seq.); the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7601 et seq. 42 U.S.C. 2000bb et seq. (3) Following enactment of the Patient Protection and Affordable Care Act (Public Law 111–148, in this section referred to as PPACA (4) While PPACA provides an exemption for some religious groups that object to participation in health insurance generally, and exempts millions of Americans from most of the Act’s provisions, including the preventive services mandate, it fails to provide statutory protection for those seeking to offer or to purchase health coverage who have a religious or moral objection only to specific items or services. (5) Nurses and other health care providers have increasingly been subjected to discrimination for abiding by their conscience rather than providing, paying for, or referring for abortion. (6) Conscience rights protections for health care providers are an important part of civil rights protections in Federal law and are indispensable to the continued viability of the health care system in the United States. The increasingly significant discrimination suffered by faith-based nonprofit health care providers risks undermining access to high-quality compassionate care for some of the most vulnerable populations in our country. 3. Applying longstanding policy on conscience rights to the Affordable Care Act (a) In general Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 (1) by redesignating the second section 1563 (relating to conforming amendments and as redesignated by section 10107(b)(1) of the Patient Protection and Affordable Care Act) as section 1564; (2) by redesignating the third section 1563 (relating to the Sense of the Senate promoting fiscal responsibility) as section 1565; and (3) by adding at the end the following new section: 1566. Respecting conscience rights in health coverage (a) In general Notwithstanding any other provision of this title, no provision of this title (and no amendment made by this title) shall— (1) require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection, or prevent an issuer from offering or issuing, to such individual, individual health insurance coverage that excludes such item or service; (2) require a sponsor (or, in the case of health insurance coverage offered to students through an institution of higher education, the institution of higher education offering such coverage) to sponsor, purchase, or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution, respectively, has a moral or religious objection, or prevent an issuer from offering or issuing to such sponsor or institution, respectively, health insurance coverage that excludes such item or service; (3) require an issuer of health insurance coverage or the sponsor of a group health plan to include, in any such coverage or plan, coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection; or (4) authorize the imposition of a tax, penalty, fee, fine, or other sanction, or the imposition of coverage of the item or service to which there is a moral or religious objection, in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section. (b) Restriction on contrary governmental action No provision in this title (or amendment made by this title) or law, regulation, guideline or other governmental action that implements such provision or amendment, or derives its authority therefrom, shall be given legal effect to the extent that it violates this section. (c) No effect on other laws Nothing in this section shall be construed to preempt, modify, or otherwise have any effect on— (1) the Civil Rights Act of 1964; (2) the Americans with Disabilities Act of 1990; (3) the Pregnancy Discrimination Act of 1978; (4) the Mental Health Parity Act of 1996; or (5) any other State or Federal law, other than a provision in this title (or an amendment made by this title) or a law, regulation, guideline or other governmental action that implements such provision or amendment or derives its authority therefrom. (d) Aggregate actuarial value Nothing in this section shall be construed to prohibit the Secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services. (e) Continued application of nondiscrimination rules Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other health care provider to act in a manner inconsistent with subparagraph (B) or (D) of section 1302(b)(4). . (b) Clerical amendment The table of contents of the Patient Protection and Affordable Care Act ( Public Law 111–148 (1) by striking the following items: 1563. Conforming amendments. 1563. Sense of the Senate promoting fiscal responsibility. ; and (2) by inserting after the item relating to the section 1563 relating to small business procurement the following items: 1564. Conforming amendments. 1565. Sense of the Senate promoting fiscal responsibility. 1566. Respecting conscience rights in health coverage. . 4. Abortion nondiscrimination for health care providers Section 245 of the Public Health Service Act ( 42 U.S.C. 238n (1) in the section heading, by striking and licensing of physicians , licensing, and practice of physicians and other health care entities (2) in subsection (a), by amending paragraph (1) to read as follows: (1) the entity refuses— (A) to undergo training in the performance of induced abortions; (B) to require or provide such training; (C) to perform, participate in, provide coverage of, or pay for induced abortions; or (D) to provide referrals for such training or such abortions; ; (3) in subsection (b)(1), by striking standards standard (4) in subsection (c), by amending paragraphs (1) and (2) to read as follows: (1) The term financial assistance (2) The term health care entity ; (5) by adding at the end of subsection (c) the following new paragraph: (4) The term State or local government that receives Federal financial assistance ; (6) by redesignating subsection (c) as subsection (d); and (7) by inserting after subsection (b) the following new subsection: (c) Administration The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services— (1) to receive complaints alleging a violation of this section, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and (2) to pursue the investigation of such complaints, in coordination with the Attorney General. . 5. Remedies for violations of Federal conscience laws Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. 245A. Civil action for certain violations (a) In general A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (b) Definitions In this section— (1) the term qualified party (A) the Attorney General; or (B) any person or entity adversely affected by the designated violation; and (2) the term designated violation (c) Administrative remedies not required An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. (d) Defendants in actions under this section may include governmental entities as well as others (1) In general An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. (2) Definition For the purposes of this subsection, the term State governmental entity (e) Nature of relief The court shall grant— (1) all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and (2) to a prevailing plaintiff, reasonable attorneys’ fees and litigation expenses as part of the costs. . | Health Care Conscience Rights Act |
Local Energy Supply and Resiliency Act of 2013 - Requires the Secretary of Energy (DOE) to establish a program to disseminate information and provide technical assistance, directly or through grants, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. Defines "local energy infrastructure" as a system that: recovers or produces useful thermal or electric energy from waste energy or renewable energy resources, generates electricity using a combined heat and power system, distributes electricity in microgrids, stores thermal energy, or distributes thermal energy or transfers it to building heating and cooling systems via a district energy system. Authorizes the Secretary to award grants to provide funds to cover no more than: (1) 100% of the cost of initial assessment to identify local energy opportunities, (2) 75% of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure, (3) 60% of the cost of guidance on overcoming barriers to such implementation, and (4) 45% of the cost of detailed engineering of local energy infrastructure. Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantees for commercial or innovative projects for local energy infrastructure under the existing loan guarantee program that provides incentives for innovative technologies. Amends the Community Development Banking and Financial Institutions Act of 1994 to redefine "investment area" to include an area that has the potential for implementation of local energy infrastructure. | 113 S1205 IS: Local Energy Supply and Resiliency Act of 2013 U.S. Senate 2013-06-20 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. 1205 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Franken Committee on Energy and Natural Resources A BILL To reduce energy waste, strengthen energy system resiliency, increase industrial competitiveness, and promote local economic development by helping public and private entities to assess and implement energy systems that recover and use waste heat and local renewable energy resources. 1. Short title This Act may be cited as the Local Energy Supply and Resiliency Act of 2013 2. Findings and purposes (a) Findings Congress finds that— (1) a quantity of energy that is more than— (A) 27 percent of the total energy consumption in the United States is released from power plants in the form of waste heat; and (B) 36 percent of the total energy consumption in the United States is released from power plants, industrial facilities, and other buildings in the form of waste heat; (2) waste heat can be— (A) recovered and distributed to meet building heating or industrial process heating requirements; (B) converted to chilled water for air conditioning or industrial process cooling; or (C) converted to electricity; (3) renewable energy resources in communities in the United States can be used to meet local thermal and electric energy requirements; (4) use of local energy resources and implementation of local energy infrastructure can strengthen the reliability and resiliency of energy supplies in the United States in response to extreme weather events, power grid failures, or interruptions in the supply of fossil fuels; (5) use of local waste heat and renewable energy resources— (A) strengthens United States industrial competitiveness; (B) helps reduce reliance on fossil fuels and the associated emissions of air pollution and carbon dioxide; (C) increases energy supply resiliency and security; and (D) keeps more energy dollars in local economies, thereby creating jobs; (6) district energy systems represent a key opportunity to tap waste heat and renewable energy resources; (7) district energy systems are important for expanding implementation of combined heat and power (CHP) systems because district energy systems provide infrastructure for delivering thermal energy from a CHP system to a substantial base of end users; (8) district energy systems serve colleges, universities, hospitals, airports, military bases, and downtown areas; (9) district energy systems help cut peak power demand and reduce power transmission and distribution system constraints by— (A) shifting power demand through thermal storage; (B) generating power near load centers with a CHP system; and (C) meeting air conditioning demand through the delivery of chilled water produced with heat generated by a CHP system or other energy sources; (10) evaluation and implementation of district energy systems— (A) is a complex undertaking involving a variety of technical, economic, legal, and institutional issues and barriers; and (B) often requires technical assistance to successfully navigate these barriers; and (11) a major constraint to the use of local waste heat and renewable energy resources is a lack of low-interest, long-term capital funding for implementation. (b) Purposes The purposes of this Act are— (1) to encourage the use and distribution of waste heat and renewable thermal energy— (A) to reduce fossil fuel consumption; (B) to enhance energy supply resiliency, reliability, and security; (C) to reduce air pollution and greenhouse gas emissions; (D) to strengthen industrial competitiveness; and (E) to retain more energy dollars in local economies; and (2) to facilitate the implementation of a local energy infrastructure that accomplishes the goals described in paragraph (1) by— (A) providing technical assistance to evaluate, design, and develop projects to build local energy infrastructure; and (B) facilitating low-cost financing for the construction of local energy infrastructure through the issuance of loan guarantees. 3. Definitions (1) Combined heat and power system The term combined heat and power system CHP system (2) District energy system The term district energy system (3) Loan guarantee program The term Loan Guarantee Program (4) Local energy infrastructure The term local energy infrastructure (A) recovers or produces useful thermal or electric energy from waste energy or renewable energy resources; (B) generates electricity using a combined heat and power system; (C) distributes electricity in microgrids; (D) stores thermal energy; or (E) distributes thermal energy or transfers thermal energy to building heating and cooling systems via a district energy system. (5) Microgrid The term microgrid (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to enable the microgrid to operate in both grid-connected or island-mode. (6) Renewable energy resource The term renewable energy resource (A) closed-loop and open-loop biomass (as defined in paragraphs (2) and (3), respectively, of section 45(c) (B) gaseous or liquid fuels produced from the materials described in subparagraph (A); (C) geothermal energy (as defined in section 45(c)(4) of such Code); (D) municipal solid waste (as defined in section 45(c)(6) of such Code); or (E) solar energy (which is used, undefined, in section 45 of such Code). (7) Renewable thermal energy The term renewable thermal energy (A) heating or cooling energy derived from a renewable energy resource; (B) natural sources of cooling such as cold lake or ocean water; or (C) other renewable thermal energy sources, as determined by the Secretary. (8) Secretary The term Secretary (9) Thermal energy The term thermal energy (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice or other media that is used to provide air conditioning, or process cooling. (10) Waste energy The term waste energy (A) is contained in— (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B) (i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. 4. Technical assistance program (a) Establishment (1) In general The Secretary shall establish a program to disseminate information and provide technical assistance, directly or through grants provided so that recipients may contract to obtain technical assistance, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. (2) Technical assistance The technical assistance under paragraph (1) shall include assistance with 1 or more of the following: (A) Identification of opportunities to use waste energy or renewable energy resources. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Negotiation of power and fuel contracts. (E) Permitting and siting issues. (F) Marketing and contract negotiations. (G) Business planning and financial analysis. (H) Engineering design. (3) Information dissemination The information dissemination under paragraph (1) shall include— (A) information relating to the topics identified in paragraph (2), including case studies of successful examples; and (B) computer software for assessment, design, and operation and maintenance of local energy infrastructure. (b) Eligible entity Any nonprofit or for-profit entity shall be eligible to receive assistance under the program established under subsection (a). (c) Eligible costs On application by an eligible entity, the Secretary may award grants to an eligible entity to provide funds to cover not more than— (1) 100 percent of the cost of initial assessment to identify local energy opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure; (3) 60 percent of the cost of guidance on overcoming barriers to the implementation of local energy infrastructure, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering of local energy infrastructure. (d) Applications (1) In general An eligible entity desiring technical assistance 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 under the rules and procedures adopted under subsection (f). (2) Application process The Secretary shall seek applications for technical assistance under this section— (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (e) Priorities In evaluating projects, the Secretary shall give priority to projects that have the greatest potential for— (1) maximizing elimination of fossil fuel use; (2) strengthening the reliability of local energy supplies and boosting the resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (3) minimizing environmental impact, including regulated air pollutants, greenhouse gas emissions, and use of ozone-depleting refrigerants; (4) facilitating use of renewable energy resources; (5) increasing industrial competitiveness; and (6) maximizing local job creation. (f) Rules and procedures Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for the administration of the program established under this section, consistent with the provisions of this Act. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for the period of fiscal years 2014 through 2018, to remain available until expended. 5. Loan guarantees for local energy infrastructure (a) Local energy infrastructure loan guarantee program (1) In general Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following: 1706. Local energy infrastructure loan guarantee program (a) In general The Secretary may make guarantees under this section for commercial or innovative projects defined as local energy infrastructure Local Energy Supply and Resiliency Act of 2013 (b) Modification of existing authority The Secretary shall reserve $4,000,000,000 of the loan guarantee authority remaining under section 1703 to provide loan guarantees under this section. (c) Use of other appropriated funds To the maximum extent practicable, the Secretary shall use funds appropriated to carry out section 1703 that remain unobligated as of the date of enactment of this section for the cost of loan guarantees under this section. . (2) Table of contents amendment The table of contents for the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. Sec. 1706. Local energy infrastructure loan guarantee program. . 6. Definition of investment area Section 103(16) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702(16) (1) in subparagraph (A)(ii), by striking or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following: (C) has the potential for implementation of local energy infrastructure as defined in the Local Energy Supply and Resiliency Act of 2013 . | Local Energy Supply and Resiliency Act of 2013 |
Cameras in the Courtroom Act - Requires the Supreme Court to permit television coverage of all open sessions of the Court unless it decides by majority vote that allowing such coverage in a particular case would violate the due process rights of any of the parties involved. | 113 S1207 IS: Cameras in the Courtroom Act U.S. Senate 2013-06-20 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. 1207 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Durbin Mr. Grassley Ms. Klobuchar Mr. Cornyn Mr. Blumenthal Committee on the Judiciary A BILL To permit the televising of Supreme Court proceedings. 1. Short title This Act may be cited as the Cameras in the Courtroom Act 2. Amendment to title 28 (a) In general Chapter 45 678. Televising Supreme Court proceedings The Supreme Court shall permit television coverage of all open sessions of the Court unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of 1 or more of the parties before the Court. . (b) Clerical amendment The chapter analysis for chapter 45 of title 28, United States Code, is amended by inserting at the end the following: 678. Televising Supreme Court proceedings. . | Cameras in the Courtroom Act |
Consumer Rental Purchase Agreement Act - Prescribes consumer protection guidelines for rental-purchase transactions, including: (1) the determination of rental-purchase cost and a payment schedule; (2) disclosure requirements; (3) prohibitions against confessions of judgment, wage assignments, waiver of consumer legal claims or remedies, and other specified provisions; (4) furnishing of statements of account; (5) point-of-rental disclosures; and (6) clear and conspicuous rental-purchase advertising disclosures. Shields "rental-purchase agreements" from laws regulating: (1) a credit sale and a consumer lease as defined in the Truth in Lending Act, or (2) an extension of credit or a transaction giving rise to a debt incurred in connection with the purchase of a thing of value. Exempts from jurisdiction of this Act rental-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with government agencies or instrumentalities. Declares that the consumer shall acquire ownership of a property that is the subject of the rental-purchase agreement, and the rental-purchase agreement shall terminate, upon the consumer's compliance with specified total cost payment requirements, or any early payment option provided in the rental purchase agreement, and upon payment of any past due payments and fees. Grants enforcement powers to the Federal Trade Commission (FTC) and requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Provides that a term or provision of state law is not inconsistent with this Act if it affords greater protection and benefit to the consumer than is provided under this Act as determined by the FTC, on its own motion or upon the petition of any interested party. Declares this Act to supersede state law to the extent that such law: (1) regulates a rental-purchase agreement as a security interest, credit sale, retail installment sale, conditional sale or any other form of consumer credit, or that imputes to a rental-purchase agreement the creation of a debt or extension of credit; or (2) requires the disclosure of a percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate. Shields from civil or criminal liability under this Act the United States and its agencies and any state, state agency, or state political subdivision. | 113 S1208 IS: Consumer Rental Purchase Agreement Act U.S. Senate 2013-06-20 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. 1208 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Tester Mr. Moran Committee on Banking, Housing, and Urban Affairs A BILL To require meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and for other purposes. 1. Short title This Act may be cited as the Consumer Rental Purchase Agreement Act 2. Findings and declaration of purpose (a) Findings Congress finds that— (1) the rental-purchase industry provides a service that meets and satisfies the demands of many consumers; (2) each year, approximately 2,300,000 United States households enter into rental-purchase transactions, and over a 5-year period, approximately 4,900,000 United States households will do so; (3) competition among the various firms engaged in the extension of rental-purchase transactions would be strengthened by informed use of rental-purchase transactions; and (4) the informed use of rental-purchase transactions results from an awareness of the cost thereof by consumers. (b) Purpose The purpose of this Act is to ensure the availability of rental-purchase transactions and to ensure simple, meaningful, and consistent disclosure of rental-purchase terms so that consumers will be able to more readily compare the available rental-purchase terms and avoid uninformed use of rental-purchase transactions, and to protect consumers against unfair rental-purchase practices. 3. Definitions For purposes of this Act, the following definitions shall apply: (1) Advertisement The term advertisement (A) a commercial message in any medium that promotes, directly or indirectly, a rental-purchase agreement; and (B) does not include any price tag, window sign, or other in-store merchandising aid. (2) Agricultural purpose The term agricultural purpose (A) the production, harvest, exhibition, marketing, transformation, processing, or manufacture of agricultural products by a natural person who cultivates plants or propagates or nurtures agricultural products; and (B) the acquisition of farmlands, real property with a farm residence, or personal property and services used primarily in farming. (3) Cash price The term cash price (4) Commission The term Commission (5) Consumer The term consumer (6) Date of consummation The term date of consummation (7) Initial payment The term initial payment (A) the rental payment; (B) service, processing, or administrative charges; (C) any delivery fee; (D) any refundable security deposit; (E) taxes; (F) mandatory fees or charges; and (G) any optional fees or charges agreed to by the consumer. (8) Merchant The term merchant (9) Payment schedule The term payment schedule (10) Periodic payment The term periodic payment (11) Property The term property (12) Rental payment The term rental payment (13) Rental period The term rental period (14) Rental-purchase agreement (A) In general The term rental-purchase agreement (B) Exclusions The term rental-purchase agreement (i) A credit sale (as defined in section 103(g) of the Truth in Lending Act (15 U.S.C. 1602(g))). (ii) A consumer lease (as defined in section 181(1) of the Truth in Lending Act (15 U.S.C. 1667(1))). (iii) An extension of credit or a transaction giving rise to a debt incurred in connection with the purchase of a thing of value. (15) Rental-purchase cost (A) In general For purposes of sections 1010 and 1011, the term rental-purchase cost (i) a service, processing, or administrative charge; (ii) a fee for an investigation or credit report; or (iii) a charge for delivery required by the merchant. (B) Excluded items The following fees or charges shall not be taken into account in determining the rental-purchase cost with respect to a rental-purchase transaction: (i) Fees and charges prescribed by law, which actually are or will be paid to public officials or government entities, such as sales tax. (ii) Fees and charges for optional products and services offered in connection with a rental-purchase agreement. (16) State The term State (17) Total cost The term total cost 4. Exempted transactions This Act shall not apply to rental-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with Government agencies or instrumentalities. 5. General disclosure requirements (a) Recipient of disclosure A merchant shall disclose to any person who will be a signatory to a rental-purchase agreement the information required by sections 6 and 7. (b) Timing of disclosure The disclosures required under sections 6 and 7 shall be made— (1) before the consummation of the rental-purchase agreement; and (2) clearly and conspicuously, in writing, as part of the rental-purchase agreement to be signed by the consumer. (c) Clearly and conspicuously As used in this section, the term clearly and conspicuously 6. Rental-purchase disclosures (a) In general For each rental-purchase agreement, the merchant shall clearly and conspicuously disclose to the consumer, to the extent applicable— (1) the date of the consummation of the rental-purchase transaction and the identities of the merchant and the consumer; (2) a brief description of the rental property, which shall be sufficient to identify the property to the consumer, including an identification or serial number, if applicable, and a statement indicating whether the property is new or used at the time of the agreement; (3) a description of any fee, charge, or penalty, in addition to the periodic payment, that the consumer may be required to pay under the agreement, which shall be separately identified by type and amount; (4) a statement that— (A) the transaction is a rental-purchase agreement; and (B) the consumer will not obtain ownership of the property until the consumer has paid the total dollar amount necessary to acquire ownership; (5) the amount of any initial payment; (6) the amount of the cash price of the property that is the subject of the rental-purchase agreement, and, if the agreement involves the rental of 2 or more items as a set (as may be defined by the Commission, by regulation) a statement of the aggregate cash price of all items shall satisfy this requirement; (7) the payment schedule; (8) the total cost, using that term, and a brief description, such as This is the amount you will pay the merchant if you make all periodic payments to acquire ownership of the property. (9) a statement of the right of the consumer to terminate the agreement without paying any fee or charge not previously due under the agreement, by voluntarily surrendering or returning the property in good repair upon expiration of any rental period; (10) a description of the reinstatement periods of terminated rental-purchase agreements; and (11) substantially the following statement: OTHER IMPORTANT TERMS (b) Form of disclosure The disclosures required by paragraphs (4) through (12) of subsection (a)— (1) shall be segregated from other information at the beginning of the rental-purchase agreement; (2) shall contain only directly related information; and (3) shall be identified in boldface, upper-case letters as follows: IMPORTANT RENTAL-PURCHASE DISCLOSURES (c) Disclosure requirements relating to insurance premiums and liability waivers (1) In general The merchant shall clearly and conspicuously disclose in writing to the consumer before the consummation of a rental-purchase agreement that the purchase of leased property insurance or liability waiver coverage is not required as a condition for entering into the rental-purchase agreement. (2) Affirmative written request after cost disclosure A merchant may provide insurance or liability waiver coverage, directly or indirectly, in connection with a rental-purchase transaction only if— (A) the merchant clearly and conspicuously discloses to the consumer the cost of such coverage before the consummation of the rental-purchase agreement; and (B) the consumer signs an affirmative written request for such coverage after receiving the disclosures required under paragraph (1) and subparagraph (A) of this paragraph. (d) Accuracy of disclosure (1) In general The disclosures required to be made under subsection (a) shall be accurate as of the date on which the disclosures are made, based on the information available to the merchant. (2) Information subsequently rendered inaccurate If information required to be disclosed under subsection (a) is rendered inaccurate as a result of any agreement between the merchant and the consumer subsequent to the delivery of the required disclosures, the resulting inaccuracy shall not constitute a violation of this Act. 7. Other agreement provisions (a) In general Each rental-purchase agreement shall— (1) provide a statement specifying whether the merchant or the consumer is responsible for loss, theft, damage, or destruction of the property; (2) provide a statement specifying whether the merchant or the consumer is responsible for maintaining or servicing the property, together with a brief description of the responsibility; (3) contain a provision for reinstatement of the agreement, which, at a minimum— (A) permits a consumer who fails to make a timely rental payment to reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of all past due rental payments and any other charges then due under the agreement and a payment for the next rental period— (i) within 7 business days after failing to make a timely rental payment, if the consumer pays monthly; or (ii) within 3 business days after failing to make a timely rental payment, if the consumer pays more frequently than monthly; (B) if the consumer returns or voluntarily surrenders the property covered by the agreement, other than through judicial process, during the applicable reinstatement period set forth in subparagraph (A), permits the consumer to reinstate the agreement during a period of at least 60 days after the date of the return or surrender of the property by the payment of all amounts previously due under the agreement, any applicable fees, and a payment for the next rental period; (C) if the consumer has paid 50 percent or more of the total cost necessary to acquire ownership and returns or voluntarily surrenders the property, other than through judicial process, during the applicable reinstatement period set forth in subparagraph (A), permits the consumer to reinstate the agreement during a period of at least 120 days after the date of the return of the property by the payment of all amounts previously due under the agreement, any applicable fees, and a payment for the next rental period; (D) if the consumer is a member of the Armed Forces and returns or voluntarily surrenders property as set forth in subparagraph (A) due to a permanent change of station or other relocation of the member, provides that the applicable reinstatement period set forth in subparagraph (B) or (C) be tolled or otherwise suspended until such time as the consumer returns to the area where the property is located; and (E) permits the consumer, upon reinstatement of the agreement to receive the same property, if available, that was the subject of the rental-purchase agreement, or if the same property is not available, a substitute item of comparable quality and condition may be provided to the consumer, except that, the Commission may, by regulation or order, exempt any independent small business (as defined by the Commission, by regulation) from the requirement of providing the same or comparable product during the extended reinstatement period provided in subparagraph (C), if the Commission determines, taking into account such standards as the Commission determines to be appropriate, that the reinstatement right provided in such subparagraph would provide excessive hardship for such independent small business; (4) provide a statement specifying the terms under which the consumer shall acquire ownership of the property that is the subject of the rental-purchase agreement, either by payment of the total cost to acquire ownership, as provided in section 8, or by exercise of any early purchase option provided in the rental-purchase agreement; (5) provide a statement disclosing that if any part of an express warranty of the manufacturer covers the property at the time the consumer acquires ownership of the property, the warranty will be transferred to the consumer, if allowed by the terms of the warranty; and (6) provide, to the extent applicable, a description of— (A) any grace period for making any periodic payment; (B) the amount of any security deposit, to be paid by the consumer upon initiation of the rental-purchase agreement; and (C) the terms for refund of such security deposit to the consumer upon return, surrender, or purchase of the property. (b) Repossession during reinstatement period Subsection (a)(3) may not be construed so as to prevent a merchant from attempting to repossess property during the reinstatement period pursuant to subsection (a)(3)(A), but such a repossession does not affect the consumer’s right to reinstate in accordance with this Act. 8. Right to acquire ownership (a) In general The consumer shall acquire ownership of the property that is the subject of a rental-purchase agreement, and the rental-purchase agreement shall terminate, upon compliance by the consumer with the requirements of subsection (b) or any early payment option provided in the rental-purchase agreement, and upon payment of any past due payments and fees, as permitted in regulation by the Commission. (b) Payment of total cost The consumer shall acquire ownership of the rental property upon payment of the total cost of the subject rental-purchase agreement, as disclosed to the consumer in the rental-purchase agreement pursuant to section 6(a). (c) Additional fees prohibited (1) In general A merchant shall not require the consumer to pay, as a condition for acquiring ownership of the property that is the subject of a rental-purchase agreement, any fee or charge in addition to, or in excess of, the regular periodic payments required by subsection (b), or any early purchase option amount provided in the rental-purchase agreement, as applicable. (2) Rule of construction A requirement that the consumer pay an unpaid late charge or other fee that is past due shall not constitute an additional fee or charge for purposes of this subsection. (d) Transfer of ownership rights Upon payment by the consumer of all payments necessary to acquire ownership under subsection (b) or any early purchase option amount provided in the rental-purchase agreement, as appropriate, the merchant shall— (1) deliver to the consumer, or mail to the consumer’s last known address, such documents or other instruments, which the Commission has determined, by regulation, are necessary to acknowledge full ownership by the consumer of the property acquired pursuant to the rental-purchase agreement; and (2) transfer to the consumer the unexpired portion of any warranties provided by the manufacturer, distributor, or seller of the property, which shall apply as if the consumer were the original purchaser of the property, except where such transfer is prohibited by the terms of the warranty. 9. Prohibited provisions A rental-purchase agreement may not contain— (1) a confession of judgment; (2) a negotiable instrument; (3) a security interest or any other claim of a property interest in any goods, except those goods, the use of which is provided by the merchant pursuant to the rental-purchase agreement; (4) a wage assignment; (5) a provision requiring the waiver of any legal claim or remedy created by this Act or other provision of Federal or State law; (6) a provision requiring the consumer, in the event that the property subject to the rental-purchase agreement is lost, stolen, damaged, or destroyed, to pay an amount in excess of the least of— (A) the fair market value of the property, as determined by the Commission, by regulation; (B) any early purchase option amount provided in the rental-purchase agreement; or (C) the actual cost of repair, as appropriate; (7) a provision authorizing the merchant, or a person acting on behalf of the merchant— (A) to enter the consumer’s dwelling or other premises without obtaining the consumer’s consent; or (B) to commit any breach of the peace in connection with the repossession of the rental property or the collection of any obligation or alleged obligation of the consumer arising out of the rental-purchase agreement; (8) a provision requiring the purchase of insurance or liability damage waiver to cover the property that is the subject of the rental-purchase agreement, except as permitted by the Commission, by regulation; or (9) a provision requiring the consumer to pay more than 1 late fee or charge for an unpaid or delinquent periodic payment, regardless of the period in which the payment remains unpaid or delinquent, or to pay a late fee or charge for any periodic payment because a previously assessed late fee has not been paid in full. 10. Statement of accounts Upon request of a consumer, a merchant shall provide a statement of the consumer’s account. If a consumer requests a statement for an individual account more than 4 times in any 12-month period, the merchant may charge a reasonable fee for the additional statements. 11. Renegotiations and extensions (a) Renegotiations With respect to any rental-purchase agreement, a renegotiation occurs when the agreement is satisfied and replaced by a new agreement undertaken by the same consumer. A renegotiation requires new disclosures in accordance with this Act, except as provided in subsection (c). (b) Extensions With respect to any rental-purchase agreement, an extension is an agreement by the consumer and the merchant, to continue an existing rental-purchase agreement beyond the original end of the payment schedule, but does not include a continuation that is the result of a renegotiation. (c) Exceptions New disclosures under this Act are not required in connection with a rental-purchase agreement for the following events, even if the event meets the definition of a renegotiation or an extension: (1) A reduction in payments. (2) A deferment of 1 or more payments. (3) The extension of a rental-purchase agreement. (4) The substitution of property with property that has a substantially equivalent or greater economic value, provided the rental-purchase cost does not increase. (5) The deletion of property in a multiple-item agreement. (6) A change in rental period, provided the rental-purchase cost does not increase. (7) An agreement resulting from a court proceeding. (8) Any other event described in regulations prescribed by the Commission. 12. Point-of-rental disclosures (a) In general For any item of property or set of items displayed or offered for rental-purchase, the merchant shall display on or next to the item or set of items a card, tag, or label that clearly and conspicuously discloses— (1) a brief description of the property; (2) whether the property is new or used; (3) the cash price of the property; (4) the amount of each rental payment; (5) the total number of rental payments necessary to acquire ownership of the property; and (6) the rental-purchase cost. (b) Form of disclosure (1) In general A merchant may make the disclosures required by subsection (a) in the form of a list, catalog, or electronic facsimile of the card, tag, or label which is readily available to the consumer at the point of rental if the merchandise is not displayed in the merchant’s showroom or if displaying a card, tag, or label would be impractical due to the size of the merchandise. (2) Clearly and conspicuously As used in this section, the term clearly and conspicuously 13. Rental-purchase advertising (a) In general If an advertisement for a rental-purchase transaction refers to or states the amount of any payment for any specific item or set of items, the merchant making the advertisement shall also clearly and conspicuously state in the advertisement, for the item or set of items advertised— (1) that the transaction advertised is a rental-purchase agreement; (2) the amount, timing, and total number of rental payments necessary to acquire ownership under the rental-purchase agreement; (3) the amount of the rental-purchase cost; (4) that, to acquire ownership of the property, the consumer must pay the rental-purchase cost plus applicable taxes; and (5) whether the stated payment amount and advertised rental-purchase cost is for new or used property. (b) Prohibition An advertisement for a rental-purchase agreement shall not state or imply that a specific item or set of items is available at specific amounts or terms, unless the merchant usually and customarily offers, or will offer, the item or set of items at the stated amounts or terms. (c) Clearly and conspicuously (1) In general For purposes of this section, the term clearly and conspicuously (2) Regulatory guidance The Commission shall prescribe regulations on principles and factors to meet the clear and conspicuous standard, as appropriate to print, video, audio, and computerized advertising, reflecting the principles and factors typically applied in each such medium by the Commission. (3) Limitation Nothing contrary to, inconsistent with, or in mitigation of, the disclosures required by this section shall be used in any advertisement in any medium, and no audio, video, or print technique shall be used that is likely to obscure or detract significantly from the communication of the disclosures. 14. Enforcement by Commission (a) Unfair or deceptive acts or practices A violation of a provision of this Act or a rule or regulation prescribed pursuant to this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission (1) In general Except as provided in paragraph (3), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (2) Privileges and immunities Except as provided in paragraph (3), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). 15. Regulations (a) In general (1) Commission action The Commission shall prescribe regulations as necessary to carry out this Act. (2) Content Regulations required by this subsection may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Commission are necessary or proper to effectuate the purposes of this Act, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Model disclosure forms (1) In general The Commission may publish model disclosure forms and clauses for common rental-purchase agreements to facilitate compliance with the disclosure requirements of this Act and to aid the consumer in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. (2) Considerations In devising model forms under this subsection, the Commission shall consider the use by merchants of data processing or similar automated equipment. (3) Voluntary use of model forms Nothing in this Act may be construed to require a merchant to use any model form or clause prescribed by the Commission under this section. (4) Presumption A merchant shall be deemed to be in compliance with the requirement to provide disclosure under section 5(a), if the merchant— (A) uses any appropriate model form or clause as published by the Commission under this section; or (B) uses any such model form or clause and changes it by— (i) deleting any information which is not required by this Act; or (ii) rearranging the format, if in making such deletion or rearranging the format, the merchant does not affect the substance, clarity, or meaningful sequence of the disclosure. 16. Effective date of regulations (a) In general Any regulation prescribed by the Commission under this Act, or any amendment or interpretation thereof, shall not be effective before the October 1 that follows the date of publication of the regulation in final form by at least 6 months. (b) Authority To extend time The Commission may, at its discretion— (1) lengthen the period of time described in subsection (a) to permit merchants to adjust to accommodate new requirements; or (2) shorten that period of time, if the Commission makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive practices. (c) Early compliance authorized Notwithstanding the time periods established under subsection (a) or (b), a merchant may comply with any newly prescribed disclosure requirement prior to such established date. 17. Relation to other laws (a) Relation to State law (1) No effect on consistent State laws Except as provided in subsection (b), this Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State relating to rental-purchase agreements, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. (2) Determination of inconsistency Upon its own motion or upon the request of an interested party, which is submitted in accordance with procedures prescribed in regulations of the Commission, the Commission shall determine whether any such inconsistency exists. If the Commission determines that a term or provision, of a State law is inconsistent, merchants located in that State need not follow such term or provision and shall incur no liability under the law of that State for failure to follow such term or provision, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason. (3) Greater protection under State law Except as provided in subsection (b), for purposes of this section, a term or provision of a State law is not inconsistent with the provisions of this Act if the term or provision affords greater protection and benefit to the consumer than the protection and benefit provided under this Act, as determined by the Commission, on its own motion or upon the petition of any interested party. (b) State laws relating to characterization of transaction Notwithstanding subsection (a), this Act shall supersede any provision of State law, to the extent that such law— (1) regulates a rental-purchase agreement as a security interest, credit sale, retail installment sale, conditional sale or any other form of consumer credit, or that imputes to a rental-purchase agreement the creation of a debt or extension of credit; or (2) requires the disclosure of a percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate. (c) Relation to Federal Trade Commission Act No provision of this Act shall be construed as limiting, superseding, or otherwise affecting the applicability of the Federal Trade Commission Act 18. Effect on Government agencies No civil liability or criminal penalty under this Act may be imposed on the United States or any of its departments or agencies, any State or political subdivision, or any agency of a State or political subdivision. 19. Compliance date Compliance with this Act and regulations issued under this Act is not required until 6 months after the date of enactment of this Act. In any case, merchants may comply with this Act at any time after such date of enactment. | Consumer Rental Purchase Agreement Act |
State Energy Race to the Top Initiative Act of 2013 - Requires the Secretary of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program to provide support to no more than 25 states for: (1) expanding industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) expanding policies and programs that will advance energy efficiency retrofits for commercial buildings, schools, hospitals, and residential buildings through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency; and (4) supporting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. Requires a state to submit to the Secretary a revised state energy conservation plan under the Energy Policy and Conservation Act in order to receive a grant. Authorizes the Secretary to provide grants to no more than six states to provide additional funds for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. Authorizes grants to be given to public power utilities, electric cooperatives, and Indian tribes. Amends the Energy Independence and Security Act of 2007 to revoke the authorization of appropriations for FY2014-FY2017 for the Zero Net Energy Commercial Buildings Initiative. | 113 S1209 IS: State Energy Race to the Top Initiative Act of 2013 U.S. Senate 2013-06-20 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. 1209 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Warner Mr. Manchin Committee on Energy and Natural Resources A BILL To establish a State Energy Race to the Top Initiative to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. 1. Short title This Act may be cited as the State Energy Race to the Top Initiative Act of 2013 2. Purpose The purpose of this Act is to assist energy policy innovation in the States to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. 3. Definitions In this Act: (1) Covered entity The term covered entity (A) a public power utility; (B) an electric cooperative; and (C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (2) State The term State 42 U.S.C. 6202 4. Phase 1: Initial allocation of grants to States (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall issue an invitation to States to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Grants (1) In general Subject to section 7, the Secretary shall use funds made available under section 8(b)(1) to provide an initial allocation of grants to not more than 25 States. (2) Amount The amount of a grant provided to a State under this section shall be not less than $1,000,000 nor more than $3,500,000. (c) Submission of plans To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a State shall submit to the Secretary an application to receive the grant by submitting a revised State energy conservation plan under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 (d) Decision by Secretary (1) In general Not later than 90 days after the submission of revised State energy conservation plans under subsection (c), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis The Secretary shall base the decision of the Secretary under paragraph (1) on— (A) plans for improvement in electric and thermal energy productivity consistent with this Act; and (B) other factors determined appropriate by the Secretary, including geographic diversity. (3) Ranking The Secretary shall— (A) rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in a State; and (B) provide grants under this section in accordance with the ranking and the scale and scope of a plan. (e) Plan requirements A revised State energy conservation plan submitted under subsection (c) shall provide— (1) a description of the manner in which— (A) energy savings will be monitored and verified; (B) a statewide baseline of energy use and potential resources for calendar year 2010 will be established to measure improvements; (C) the plan will promote achievement of energy savings and demand reduction goals; (D) public and private sector investments in energy efficiency will be leveraged, including through banks, credit unions, and institutional investors; and (E) the plan will not cause cost-shifting among utility customer classes or negatively impact low-income populations; and (2) an assurance that— (A) the State energy office required to submit the plan and the State public service commission are cooperating and coordinating programs and activities under this Act; (B) the State is cooperating with local units of government to expand programs as appropriate; and (C) grants provided under this Act will be used to supplement and not supplant Federal, State, or ratepayer-funded programs or activities in existence on the date of enactment of this Act. (f) Uses A State may use grants provided under this section to promote— (1) the expansion of industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) the expansion of policies and programs that will advance energy efficiency retrofits for public and private commercial buildings, schools, hospitals, and residential buildings (including multifamily buildings) through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency, including consideration of additional incentives to promote the purposes of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) (4) leadership by example, in which State activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with Federal grants provided under this Act. 5. Phase 2: Subsequent allocation of grants to States (a) Reports Not later than 18 months after the receipt of grants under section 4, each State that received grants under section 4 may submit to the Secretary a report that describes— (1) the performance of the programs and activities carried out with the grants; and (2) the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this Act. (b) Grants (1) In general Not later than 180 days after the date of the receipt of the reports required under subsection (a), subject to section 7, the Secretary shall use amounts made available under section 8(b)(2) to provide grants to not more than 6 States to carry out the programs and activities described in subsection (a)(2). (2) Amount The amount of a grant provided to a State under this section shall be not more than $30,000,000. (3) Basis The Secretary shall base the decision of the Secretary to provide grants under this section on— (A) the performance of the State in the programs and activities carried out with grants provided under section 4; (B) the potential of the programs and activities descried in subsection (a)(2) to achieve the purposes of this Act; (C) the desirability of maintaining a total project portfolio that is geographically and functionally diverse; and (D) the amount of non-Federal funds that are leveraged as a result of the grants to ensure that Federal dollars are leveraged effectively. 6. Allocation of grants to covered entities (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall invite covered entities to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section. (b) Submission of plans To receive a grant under this section, not later than 90 days after the date of issuance of the invitation under subsection (a), a covered entity shall submit to the Secretary a plan to increase electric and thermal energy productivity by the covered entity. (c) Decision by Secretary (1) In general Not later than 90 days after the submission of plans under subsection (b), the Secretary shall make a final decision on the allocation of grants under this section. (2) Basis The Secretary shall base the decision of the Secretary under paragraph (1) on— (A) plans for improvement in electric and thermal energy productivity consistent with this Act; (B) plans for continuation of the improvements after the receipt of grants under this Act; and (C) other factors determined appropriate by the Secretary, including— (i) geographic diversity; (ii) size differences among covered entities; and (iii) equitable treatment of each sector under this section. 7. Administration (a) Independent evaluation To evaluate program performance and effectiveness under this Act, the Secretary shall consult with the National Research Council regarding requirements for data and evaluation for recipients of grants under this Act. (b) Coordination with State energy conservation programs (1) In general Grants to States under this Act shall be provided through additional funding to carry out State energy conservation programs under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (2) Relationship to State energy conservation programs (A) In general A grant provided to a State under this Act shall be used to supplement (and not supplant) funds provided to the State under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (B) Minimum funding A grant provided to a State shall not be provided to a State for a fiscal year under this Act if the amount of the grant provided to the State for the fiscal year under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. (c) Voluntary participation The participation of a State or covered entity in a challenge established under this Act shall be voluntary. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal years 2014 through 2017. (b) Allocation Of the total amount of funds made available under subsection(a)— (1) 30 percent shall be used to provide an initial allocation of grants to States under section 4; (2) 52 1/2 (3) 12 1/2 (4) 5 percent shall be available to the Secretary for the cost of administration and technical support to carry out this Act. 9. Offset Section 422(f) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17082(f) (1) in paragraph (4), by adding “and” after the semicolon at the end; and (2) by striking paragraph (5) through the period at the end of the subsection and inserting: (5) $0 for each of fiscal years 2014 through 2017. . | State Energy Race to the Top Initiative Act of 2013 |
Target Practice and Marksmanship Training Support Act - 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 the Bureau of Land Management (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. | 113 S1212 IS: Target Practice and Marksmanship Training Support Act U.S. Senate 2013-06-20 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. 1212 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Udall of Colorado Mr. Risch Mr. Bennet Mrs. Hagan Ms. Klobuchar Mr. Tester Mr. Barrasso Mr. Crapo Mr. Thune Mr. Begich Mr. Pryor Mr. Enzi Mr. Heller Committee on Environment and Public Works A BILL To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States. 1. Short title This Act may be cited as the Target Practice and Marksmanship Training Support Act 2. Findings; purpose (a) Findings Congress finds that— (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose The purpose of this Act 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. 3. Definition of public target range In this Act, 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. 4. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) by inserting after paragraph (1) the following: (2) the term public target range (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (b) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (1) 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 ; (2) in paragraph (1) (as so designated), by striking construction, operation, operation (3) in the second sentence, by striking The non-Federal share (3) Non-Federal share The non-Federal share ; (4) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (c) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (1) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (2) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (3) in subsection (c)(1)— (A) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (B) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . 5. Limits on liability (a) Discretionary function For purposes of chapter 171 Federal Tort Claims Act (b) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is— (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or (2) located on Federal land. 6. Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. | Target Practice and Marksmanship Training Support Act |
Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act - Amends the Energy Conservation and Production Act to authorize appropriations for the Weatherization Assistance Program for low-income persons for FY2014-FY2018. Requires the Secretary of Energy (DOE) to make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofit uses that include: energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; energy efficiency materials and supplies; organizational capacity for retrofit programs; energy efficiency, audit and retrofit training, and technical assistance; information to homeowners on proper maintenance and energy savings behaviors; quality control and improvement; data collection, measurement, and verification; program monitoring, oversight, evaluation, and reporting; management and administration; and labor and training activities. Requires contractors carrying weatherization with funds under the Act to be selected through a competitive bidding process and be accredited as specified by this Act. Requires organizations, in order to receive a grant, to use a crew chief who is certified or accredited as required by this Act. Requires the Secretary, beginning on October 1, 2015, to ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards established by the Secretary, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. Amends the Energy Policy and Conservation Act to extend the authorization for state energy conservation plans for FY2014-FY2018. | 113 S1213 IS: Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act U.S. Senate 2013-06-20 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. 1213 IN THE SENATE OF THE UNITED STATES June 20, 2013 Mr. Coons Ms. Collins Mr. Reed Committee on Energy and Natural Resources A BILL To reauthorize the weatherization and State energy programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Weatherization Assistance Program Sec. 101. Reauthorization of weatherization assistance program. Sec. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations. Sec. 103. Standards program. TITLE II—State Energy Programs Sec. 201. Reauthorization of State energy programs. 2. Findings Congress finds that— (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. SEP WAP (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through— (A) the Energy Policy and Conservation Act 42 U.S.C. 6201 et seq. (B) the Energy Conservation and Production Act ( 42 U.S.C. 6801 et seq. (C) the State Energy Efficiency Programs Improvement Act of 1990 ( Public Law 101–440 (D) the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq. (E) the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. (F) the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17001 et seq. (3) the SEP, also known as the State energy conservation program (A) was first created in 1975 to implement a State-based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP— (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. I Weatherization assistance program 101. Reauthorization of weatherization assistance program Section 422 of the Energy Conservation and Production Act ( 42 U.S.C. 6872 appropriated— appropriated $450,000,000 for each of fiscal years 2014 through 2018. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible housing and nonprofit organizations The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: 414C. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible housing and nonprofit organizations (a) Purposes The purposes of this section are— (1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; (2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage substantial donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; (3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income energy retrofit programs of the covered organizations; and (4) to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended. (b) Definitions In this section: (1) Covered organization The term covered organization (A) is described in section 501(c)(3) (B) has an established record of constructing, renovating, repairing, or making energy efficient an aggregate quantity of not less than 250 owner-occupied, single-family or multifamily homes for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). (2) Low-income The term low-income (3) Weatherization Assistance Program for Low-Income Persons The term Weatherization Assistance Program for Low-Income Persons (c) Competitive grant program The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. (d) Award factors In making grants under this section, the Secretary shall consider— (1) the number of low-income homes the applicant— (A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and (B) can reasonably be projected to build, renovate, repair, or make energy efficient during the grant period beginning on the date of the application; (2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; (3) the number and diversity of States and climates in which the applicant works as of the date of the application; (4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; (5) the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended; (6) regional diversity; (7) urban, suburban, and rural localities; and (8) such other factors as the Secretary determines to be appropriate. (e) Applications (1) In general Not later than 180 days after the date of enactment of this section, the Secretary shall request proposals from covered organizations. (2) Administration To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Awards Not later than 90 days after the date of issuance of a request for proposals, the Secretary shall award grants under this section. (f) Eligible uses of grant funds A grant under this section may be used for— (1) energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; (2) energy efficiency materials and supplies; (3) organizational capacity— (A) to significantly increase the number of energy retrofits; (B) to replicate an energy retrofit program within a State or in other States; and (C) to ensure that the program is self-sustaining after the Federal grant funds are expended; (4) energy efficiency, audit and retrofit training, and ongoing technical assistance; (5) information to homeowners on proper maintenance and energy savings behaviors; (6) quality control and improvement; (7) data collection, measurement, and verification; (8) program monitoring, oversight, evaluation, and reporting; (9) management and administration (up to a maximum of 10 percent of the total grant); (10) labor and training activities; and (11) such other activities as the Secretary determines to be appropriate. (g) Maximum amount The amount of a grant provided under this section shall not exceed $5,000,000. (h) Guidelines (1) In general Not later than 90 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. (2) Administration The guidelines— (A) shall not apply to the Weatherization Assistance Program for Low-Income Persons, in whole or major part; but (B) may rely on applicable provisions of law governing the Weatherization Assistance Program for Low-Income Persons to establish— (i) standards for allowable expenditures; (ii) a minimum savings-to-investment ratio; (iii) standards— (I) to carry out training programs; (II) to conduct energy audits and program activities; (III) to provide technical assistance; (IV) to monitor program activities; and (V) to verify energy and cost savings; (iv) liability insurance requirements; and (v) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. (i) Review and evaluation The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. (j) Compliance with State and local law Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. (k) Annual reports The Secretary shall submit to Congress annual reports that provide— (1) findings; (2) a description of energy and cost savings achieved and actions taken under this section; and (3) any recommendations for further action. (l) Funding There is authorized to be appropriated to carry out this section $45,000,000 for each of fiscal years 2014 through 2018. . 103. Standards program Section 415 of the Energy Conservation and Production Act ( 42 U.S.C. 6865 (f) Standards program (1) Contractor qualification Effective beginning January 1, 2015, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be— (A) accredited by the Building Performance Institute; (B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or (C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. (2) Grants for energy retrofit model programs (A) In general To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who— (i) is certified or accredited in accordance with paragraph (1); and (ii) supervises the work performed with grant funds. (B) Volunteer labor A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. (C) Training The Secretary shall use training and technical assistance funds available to the Secretary to assist covered organizations under section 414C in providing training to obtain certification required under this subsection, including provisional or temporary certification. (3) Minimum efficiency standards Effective beginning October 1, 2015, the Secretary shall ensure that— (A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; (B) at least 10 percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and (C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary. . II State energy programs 201. Reauthorization of State energy programs Section 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) $125,000,000 for each of fiscal years 2007 through 2012 $75,000,000 for each of fiscal years 2014 through 2018 | Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act |
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) All-American Flag Act - Requires any flags of the United States acquired for use by the federal government to be entirely manufactured in the United States from articles, materials, or supplies entirely grown, produced, or manufactured in the United States. Allows the head of an executive agency to waive such requirement upon determining that it would cause unreasonable costs or delays or would adversely affect a U.S. company. Requires this Act to be applied in a manner consistent with U.S. obligations under international agreements. | 113 S1214 IS: All-American Flag Act U.S. Senate 2013-06-24 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. 1214 IN THE SENATE OF THE UNITED STATES June 24, 2013 Mr. Brown Mr. Rockefeller Committee on Homeland Security and Governmental Affairs A BILL To require the purchase of domestically made flags of the United States of America for use by the Federal Government. 1. Short title This Act may be cited as the All-American Flag Act 2. Requirement for purchase of domestically made United States flags for use by Federal Government (a) In general Except as provided under subsection (b), only such flags of the United States of America, regardless of size, that are 100 percent manufactured in the United States, from articles, materials, or supplies 100 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government. (b) Waiver The head of an executive agency may waive the requirement under subsection (a) on a case-by-case basis upon a determination that— (1) the application of the limitation would cause unreasonable costs or delays to be incurred; or (2) application of the limitation would adversely affect a United States company. (c) Amendment of Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council established under section 1302 (d) Definitions In this section: (1) Executive agency The term executive agency section 133 (2) Federal Acquisition Regulation The term Federal Acquisition Regulation section 106 3. Effective date Section 2 shall apply to purchases of flags made on or after 180 days after the date of the enactment of this Act. 4. Consistency with international agreements This Act shall be applied in a manner consistent with United States obligations under international agreements. | All-American Flag Act |
FISA Accountability and Privacy Protection Act of 2013 - Amends the FISA Amendments Act of 2008 to repeal on June 1, 2015, procedures outlined under the Foreign Intelligence Surveillance Act of 1978 (FISA) regarding the targeting by the United States of non-U.S. persons located outside the United States in order to acquire foreign intelligence information. Amends provisions of FISA, the Right to Financial Privacy Act of 1978, the National Security Act of 1947, and the Fair Credit Reporting Act (FCRA) concerning national security letters to, effective June 1, 2015, make such provisions read as they read on October 25, 2001. Repeals a separate related FCRA provision. Amends FISA to revise requirements for applications for access to business records and other tangible things in counterterrorism investigations to require an applicant to present a statement of facts and circumstances showing reasonable grounds to believe that the records sought are relevant to an investigation. Imposes similar requirements for orders for pen registers and trap and trace devices. Defines and requires "minimization procedures" for minimizing the retention and dissemination of information obtained from such records and devices. Revises requirements for obtaining orders to prohibit disclosure of the receipt of a national security letter. Requires the Federal Bureau of Investigation (FBI) or other appropriate agency to notify persons challenging a nondisclosure order if facts supporting such order no longer exist. Amends FISA to eliminate: (1) the requirement that recipients of any order to produce records wait one year before challenging such order or a nondisclosure requirement in court, and (2) the conclusive presumption that disclosure of an order for tangible things would endanger national security or a person's life or safety or would interfere with a criminal or terrorist investigation or with diplomatic relations. Revises procedures for obtaining judicial review of national security letter nondisclosure orders. Allows the recipient of a nondisclosure order to request judicial review of the order and requires the government to respond by setting forth specific facts in a certification that justify the need for nondisclosure based upon national security and other concerns. Requires courts, in considering whether to grant a nondisclosure order, to give substantial weight to the facts alleged by the government in its certification. Modifies the standard for obtaining a national security letter to require the FBI or other agency issuing a national security letter to provide a written statement of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to an authorized investigation. Modifies reporting requirements for national security letters to require a breakdown of the types of persons targeted (e.g., U.S. persons and non-U.S. persons) and whether such persons are subjects of authorized national security investigations. Amends FISA to require the Attorney General to submit an annual unclassified report summarizing how the authorities under such Act are used, including the impact of such use on the privacy of U.S. persons. Extends through 2013 provisions requiring the Inspector General of the Department of Justice (DOJ) to conduct audits on investigative authority provided to the FBI under FISA and on the effectiveness and use of national security letters. Repeals a requirement for such audits to include information on bureaucratic or procedural impediments to the use of such letters. Directs the Inspector General to report to Congress on the results of such audits: (1) by January 1, 2014, for audits conducted for 2010 and 2011, and (2) by January 1, 2015, for audits conducted for 2012 and 2013. Requires reports by the inspectors general of each element of DOJ assessing the use and value of information obtained through such investigative authority and national security letters. Sets forth similar audit and reporting requirements regarding the use of pen registers and trap and trace devices and requires submission to the Attorney General and the Director of National Intelligence (DNI) as well as Congress. Amends the federal criminal code to reduce from 30 to 7 days the period for giving delayed notice of the execution of a search warrant in a criminal investigation when the warrant permits the giving of such delayed notice. Authorizes the Inspector General of the Intelligence Community to review the acquisition, use, and dissemination of acquired surveillance information in order to review its compliance with adopted targeting and minimization procedures, as well as with guidelines for the protection of privacy rights of U.S. persons. Requires such Inspector General to report to the Attorney General, the DNI, and specified congressional committees on reviews conducted. Rescinds specified unobligated balances available in the DOJ Assets Forfeiture Fund. | 113 S1215 IS: FISA Accountability and Privacy Protection Act of 2013 U.S. Senate 2013-06-24 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. 1215 IN THE SENATE OF THE UNITED STATES June 24, 2013 Mr. Leahy Mr. Lee Mr. Udall of Colorado Mr. Wyden Mr. Blumenthal Mr. Tester Committee on the Judiciary A BILL To strengthen privacy protections, accountability, and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978. 1. Short title This Act may be cited as the FISA Accountability and Privacy Protection Act of 2013 2. Sunsets (a) Modification of FISA Amendments Act of 2008 sunset (1) Modification Section 403(b)(1) of the FISA Amendments Act of 2008 ( Public Law 110–261 December 31, 2017 June 1, 2015 (2) Technical and conforming amendments Section 403(b)(2) of such Act (Public Law 110–261; 122 Stat. 2474) is amended by striking December 31, 2017 June 1, 2015 (3) Orders in effect Section 404(b)(1) of such Act ( Public Law 110–261 December 31, 2017 June 1, 2015 (b) National Security Letters (1) Repeal Effective on June 1, 2015— (A) section 2709 of title 18, United States Code, is amended to read as such provision read on October 25, 2001; (B) section 1114(a)(5) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) (C) subsections (a) and (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u 15 U.S.C. 1681u Public Law 104–93 (D) section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (E) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (2) Transition provision Notwithstanding paragraph (1), the provisions of law referred to in paragraph (1), as in effect on May 31, 2015, shall continue to apply on and after June 1, 2015, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before June 1, 2015. (3) Technical and conforming amendments Effective June 1, 2015— (A) section 3511 of title 18, United States Code, is amended— (i) in subsections (a), (c), and (d), by striking or 627(a) (ii) in subsection (b)(1)(A), as amended by section 6(b) of this Act, by striking section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (B) section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended— (i) in subparagraph (C), by adding and (ii) in subparagraph (D), by striking ; and (iii) by striking subparagraph (E); and (C) the table of sections for the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. 3. Factual basis for and issuance of orders for access to tangible things (a) In general Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (1) in the section heading, by striking certain business records tangible things (2) in subsection (b)(2), by striking subparagraphs (A) and (B) and inserting the following: (A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— (i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and (ii) (I) pertain to a foreign power or an agent of a foreign power; (II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and (B) a statement of proposed minimization procedures. ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by inserting and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g) subsections (a) and (b) (ii) by striking the second sentence; and (B) in paragraph (2)— (i) in subparagraph (D), by striking and (ii) in subparagraph (E), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (F) shall direct that the minimization procedures be followed. . (b) Technical and conforming amendments (1) Definitions Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. 503. Definitions In this title, the terms Attorney General foreign intelligence information international terrorism person United States United States person . (2) Title heading Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. certain business records tangible things (3) Table of contents The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (A) by striking the items relating to title V and section 501 and inserting the following: TITLE V—Access to tangible things for foreign intelligence purposes Sec. 501. Access to tangible things for foreign intelligence purposes and international terrorism investigations. ; and (B) by inserting after the item relating to section 502 the following: Sec. 503. Definitions. . 4. Orders for pen registers and trap and trace devices for foreign intelligence purposes (a) Application Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(c) (1) in paragraph (1), by striking and (2) in paragraph (2)— (A) by striking a certification by the applicant a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant (B) by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) a statement of whether minimization procedures are being proposed and, if so, a statement of the proposed minimization procedures. . (b) Minimization (1) Definition Section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 (4) The term minimization procedures (A) specific procedures, that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the retention, and prohibit the dissemination, of nonpublicly available information known to concern unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, shall not be disseminated in a manner that identifies any United States person, without the consent of such person, unless the identity of such person is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (2) Pen registers and trap and trace devices Section 402 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842 (A) in subsection (d)(1), by striking the judge finds (A) that the application satisfies the requirements of this section; and (B) that, if there are exceptional circumstances justifying the use of minimization procedures in a particular case, the proposed minimization procedures meet the definition of minimization procedures under this title. ; and (B) by adding at the end the following: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with any applicable minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . (3) Emergencies Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures be followed, if appropriate. . (4) Use of information Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(a)(1) provisions of this section minimization procedures required under this title (c) Transition procedures (1) Orders in effect Notwithstanding the amendments made by this Act, an order entered under section 402(d)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(d)(1) (2) Extensions A request for an extension of an order referred to in paragraph (1) shall be subject to the requirements of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. 5. Limitations on disclosure of national security letters (a) In general Section 2709 (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that the Director of the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Persons necessary for compliance Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the Director or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A wire or electronic communications service provider that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (C) Initiation of proceedings If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 of this title, unless an appropriate official of the Federal Bureau of the Investigation makes a notification under paragraph (4). (4) Termination In the case of any request for which a recipient has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (b) Identity of financial institutions and credit reports Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (d) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request or order under subsection (a), (b), or (c), shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c). (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A consumer reporting agency, or officer, employee, or agent thereof, that receives a request or order under subsection (a), (b), or (c) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request or order; (ii) an attorney in order to obtain legal advice or assistance regarding the request or order; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Persons necessary for compliance Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the Director or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request or order is issued under subsection (a), (b), or (c) in the same manner as the person to whom the request or order is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A consumer reporting agency that receives a request or order under subsection (a), (b), or (c) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request or order under subsection (a), (b), or (c) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (C) Initiation of proceedings If a recipient of a request or order under subsection (a), (b), or (c) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 (4) Termination In the case of any request or order for which a consumer reporting agency has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (c) Disclosures to Governmental agencies for counterterrorism purposes Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the head of a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee. (B) Persons necessary for compliance Upon a request by the head of a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the head of the government agency or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A consumer reporting agency that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the government. (C) Initiation of proceedings If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the government shall initiate judicial review under the procedures established in section 3511 (4) Termination In the case of any request for which a consumer reporting agency has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (d) Financial records Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) (D) Prohibition of certain disclosure (i) Prohibition (I) In general If a certification is issued under subclause (II) and notice of the right to judicial review under clause (iii) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A), shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subparagraph (A). (II) Certification The requirements of subclause (I) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subparagraph, there may result— (aa) a danger to the national security of the United States; (bb) interference with a criminal, counterterrorism, or counterintelligence investigation; (cc) interference with diplomatic relations; or (dd) danger to the life or physical safety of any person. (ii) Exception (I) In general A financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A) may disclose information otherwise subject to any applicable nondisclosure requirement to— (aa) those persons to whom disclosure is necessary in order to comply with the request; (bb) an attorney in order to obtain legal advice or assistance regarding the request; or (cc) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (II) Persons necessary for compliance Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subclause (I)(aa) or to whom such disclosure was made before the request shall be identified to the Director or the designee. (III) Nondisclosure requirement A person to whom disclosure is made under subclause (I) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subparagraph (A) in the same manner as the person to whom the request is issued. (IV) Notice Any recipient that discloses to a person described in subclause (I) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (iii) Right to judicial review (I) In general A financial institution that receives a request under subparagraph (A) shall have the right to judicial review of any applicable nondisclosure requirement. (II) Notification A request under subparagraph (A) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (III) Initiation of proceedings If a recipient of a request under subparagraph (A) makes a notification under subclause (II), the Government shall initiate judicial review under the procedures established in section 3511 (iv) Termination In the case of any request for which a financial institution has submitted a notification under clause (iii)(II), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (e) Requests by authorized investigative agencies Section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (b) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that, absent a prohibition of disclosure under this subsection, there may result— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic relations; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a). (B) Persons necessary for compliance Upon a request by the head of an authorized investigative agency described in subsection (a), or a designee, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the head of the authorized investigative agency or the designee. (C) Nondisclosure requirement A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (D) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (3) Right to judicial review (A) In general A governmental or private entity that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement. (B) Notification A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government. (C) Initiation of proceedings If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 (4) Termination In the case of any request for which a governmental or private entity has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the authorized investigative agency described in subsection (a) shall promptly notify the governmental or private entity, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . 6. Judicial review of FISA orders and national security letters (a) FISA Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended— (1) in subparagraph (A)— (A) in clause (i)— (i) by striking a production order a production order or nondisclosure order (ii) by striking Not less than 1 year (B) in clause (ii), by striking production order or nondisclosure (2) in subparagraph (C)— (A) by striking clause (ii); and (B) by redesignating clause (iii) as clause (ii). (b) Judicial review of national security letters Section 3511(b) (b) Nondisclosure (1) In general (A) Notice If a recipient of a request or order for a report, records, or other information under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 50 U.S.C. 3162 (B) Application Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request or order is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. (C) Consideration A district court of the United States that receives an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) Application contents An application for a nondisclosure order or extension thereof under this subsection shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that, absent a prohibition of disclosure under this subsection, there may result— (A) a danger to the national security of the United States; (B) interference with a criminal, counterterrorism, or counterintelligence investigation; (C) interference with diplomatic relations; or (D) danger to the life or physical safety of any person. (3) Standard A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines, giving substantial weight to the certification under paragraph (2), that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in— (A) a danger to the national security of the United States; (B) interference with a criminal, counterterrorism, or counterintelligence investigation; (C) interference with diplomatic relations; or (D) danger to the life or physical safety of any person. . (c) Minimization Section 501(g)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) is amended by striking Not later than At or before the end of the period of time for the production of tangible things under an order approved under this section or at any time after the production of tangible things under an order approved under this section, a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. 7. Certification for access to telephone toll and transactional records (a) In general Section 2709 of title 18, United States Code, as amended by this Act, is amended— (1) by striking subsection (e); (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: (c) Written statement The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subsection (b) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (b). . (b) Identity of financial institutions and credit reports Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (1) by striking subsection (h); (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following: (d) Written statement The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subsection (a) or (b) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (a) or (b), as the case may be. . (c) Disclosures to Governmental agencies for counterterrorism purposes Section 627(b) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(b) (1) in the subsection heading, by striking Form of certification Certification (2) by striking The certification (1) Form of certification The certification ; and (3) by adding at the end the following: (2) Written statement A supervisory official or officer described in paragraph (1) may make a certification under subsection (a) only upon a written statement, which shall be retained by the government agency, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (a). . (d) Financial records Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) (1) by striking subparagraph (C); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subparagraph (A) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subparagraph (A). . (e) Requests by authorized investigative agencies Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 3162(a) (4) A department or agency head, deputy department or agency head, or senior official described in paragraph (3)(A) may make a certification under paragraph (3)(A) only upon a written statement, which shall be retained by the authorized investigative agency, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized inquiry or investigation described in paragraph (3)(A)(ii). . (f) Technical and conforming amendments (1) Obstruction of criminal investigations Section 1510(e) section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act ( 12 U.S.C. 3414(a)(3)(A) section 2709(d)(1) of this title, section 626(e)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(3)(A) 50 U.S.C. 3162(b)(1) (2) Semiannual reports Section 507(b) of the National Security Act of 1947 (50 U.S.C. 415b(b)) is amended to read as follows: (b) Semiannual reports The dates for the submittal to the congressional intelligence committees of the semiannual reports on decisions not to prosecute certain violations of law under the Classified Information Procedures Act (18 U.S.C. App.), as required by section 13 of that Act, shall be the dates each year provided in subsection (c)(2). . 8. Public reporting on national security letters (a) In general Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 18 U.S.C. 3511 (c) Reports on requests for national security letters (1) Definitions In this subsection— (A) the term applicable period (i) with respect to the first report submitted under paragraph (2) or (3), the period beginning 180 days after the date of enactment of the FISA Accountability and Privacy Protection Act of 2013 (ii) with respect to the second report submitted under paragraph (2) or (3), and each report thereafter, the 6-month period ending on the last day of the second month before the date for submission of the report; and (B) the term United States person (2) Classified form (A) In general Not later than March 1, 2014, and every 6 months thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the requests made under section 2709(a) 12 U.S.C. 3414(a)(5)(A) 15 U.S.C. 1681u 50 U.S.C. 3162 (B) Contents Each report under subparagraph (A) shall include, for each provision of law described in subparagraph (A)— (i) the number of authorized requests under the provision, including requests for subscriber information; and (ii) the number of authorized requests under the provision— (I) that relate to a United States person; (II) that relate to a person that is not a United States person; (III) that relate to a person that is— (aa) the subject of an authorized national security investigation; or (bb) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (IV) that relate to a person that is not known to be the subject of an authorized national security investigation or to have been in contact with or otherwise directly linked to the subject of an authorized national security investigation. (3) Unclassified form (A) In general Not later than March 1, 2014, and every 6 months thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the aggregate total of all requests identified under paragraph (2) during the applicable period. Each report under this subparagraph shall be in unclassified form. (B) Contents Each report under subparagraph (A) shall include the aggregate total of requests— (i) that relate to a United States person; (ii) that relate to a person that is not a United States person; (iii) that relate to a person that is— (I) the subject of an authorized national security investigation; or (II) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (iv) that relate to a person that is not known to be the subject of an authorized national security investigation or to have been in contact with or otherwise directly linked to the subject of an authorized national security investigation. . (b) Technical and conforming amendment Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v 9. Public reporting on the Foreign Intelligence Surveillance Act of 1978 (a) In general Title VI of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 602. Annual unclassified report Not later than December 31, 2014, and every year thereafter, the Attorney General, in consultation with the Director of National Intelligence, and with due regard for the protection of classified information from unauthorized disclosure, shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives an unclassified report summarizing how the authorities under this Act are used, including the impact of the use of the authorities under this Act on the privacy of United States persons (as defined in section 101). . (b) Technical and conforming amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. Sec. 602. Annual unclassified report. . 10. Audits (a) Tangible things Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2010 through 2013 2006 (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as so redesignated— (i) by striking subparagraph (C) and inserting the following: (C) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) (2) in subsection (c), by adding at the end the following: (3) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2010 and 2011. (4) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2012 and 2013. ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2010 and ending on December 31, 2013, the Inspector General of each element of the intelligence community outside of the Department of Justice that used information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) in the intelligence activities of the element of the intelligence community shall— (A) assess the importance of the information to the intelligence activities of the element of the intelligence community; (B) examine the manner in which that information was collected, retained, analyzed, and disseminated by the element of the intelligence community; (C) describe any noteworthy facts or circumstances relating to orders under title V of the Foreign Intelligence Surveillance Act of 1978 as the orders relate to the element of the intelligence community; and (D) examine any minimization procedures used by the element of the intelligence community under title V of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures adequately protect the constitutional rights of United States persons. (2) Submission dates for assessment (A) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of each element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representative a report containing the results of the assessment for calendar years 2010 and 2011. (B) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of each element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 and 2013. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) any report under subsection (c) or (d) (ii) by inserting and any Inspector General of an element of the intelligence community that submits a report under this section Justice (B) in paragraph (2), by striking the reports submitted under subsection (c)(1) and (c)(2) any report submitted under subsection (c) or (d) (6) in subsection (f), as redesignated by paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) Each report submitted under subsection (c) (B) by striking subsection (d)(2) subsection (e)(2) (7) by adding at the end the following: (g) Definitions In this section— (1) the term intelligence community 50 U.S.C. 3003 (2) the term United States person . (b) National security letters Section 119 of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2010 through 2013 2006 (B) in paragraph (3)(C), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) (2) in subsection (c), by adding at the end the following: (3) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a) for calendar years 2010 and 2011. (4) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a) for calendar years 2012 and 2013. ; (3) by striking subsection (g) and inserting the following: (h) Definitions In this section— (1) the term intelligence community 50 U.S.C. 3003 (2) the term national security letter (A) section 2709(a) of title 18, United States Code (to access certain communication service provider records); (B) section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer records); (C) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (D) section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (E) section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (3) the term United States person ; (4) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (5) by inserting after subsection (c) the following: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2010 and ending on December 31, 2013, the Inspector General of each element of the intelligence community outside of the Department of Justice that issued national security letters in the intelligence activities of the element of the intelligence community shall— (A) examine the use of national security letters by the element of the intelligence community during the period; (B) describe any noteworthy facts or circumstances relating to the use of national security letters by the element of the intelligence community, including any improper or illegal use of such authority; (C) assess the importance of information received under the national security letters to the intelligence activities of the element of the intelligence community; and (D) examine the manner in which information received under the national security letters was collected, retained, analyzed, and disseminated. (2) Submission dates for assessment (A) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of each element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 and 2011. (B) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of any element of the intelligence community that conducts an assessment under this subsection shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 and 2013. ; (6) in subsection (e), as redesignated by paragraph (4)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) any report under subsection (c) or (d) (ii) by inserting and any Inspector General of an element of the intelligence community that submits a report under this section Justice (B) in paragraph (2), by striking the reports submitted under subsection (c)(1) or (c)(2) any report submitted under subsection (c) or (d) (7) in subsection (f), as redesignated by paragraph (4)— (A) by striking The reports submitted under subsections (c)(1) or (c)(2) Each report submitted under subsection (c) (B) by striking subsection (d)(2) subsection (e)(2) (c) Pen registers and trap and trace devices (1) Audits The Inspector General of the Department of Justice shall perform comprehensive audits of the effectiveness and use, including any improper or illegal use, of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. (2) Requirements The audits required under paragraph (1) shall include— (A) an examination of the use of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 for calendar years 2010 through 2013; (B) an examination of the installation and use of a pen register or trap and trace device on emergency bases under section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 (C) any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978, including any improper or illegal use of the authority provided under that title; and (D) an examination of the effectiveness of the authority under title IV of the Foreign Intelligence Surveillance Act of 1978 as an investigative tool, including— (i) the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation; (ii) the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; (iii) with respect to calendar years 2012 and 2013, an examination of the minimization procedures of the Federal Bureau of Investigation used in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures adequately protect the constitutional rights of United States persons; (iv) whether, and how often, the Federal Bureau of Investigation used information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community, or to another department, agency, or instrumentality of Federal, State, local, or tribal governments; and (v) whether, and how often, the Federal Bureau of Investigation provided information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 to law enforcement authorities for use in criminal proceedings. (3) Submission dates (A) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under paragraph (1) for calendar years 2010 and 2011. (B) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under paragraph (1) for calendar years 2012 and 2013. (4) Intelligence assessment (A) In general For the period beginning January 1, 2010 and ending on December 31, 2013, the Inspector General of any element of the intelligence community outside of the Department of Justice that used information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 in the intelligence activities of the element of the intelligence community shall— (i) assess the importance of the information to the intelligence activities of the element of the intelligence community; (ii) examine the manner in which the information was collected, retained, analyzed, and disseminated; (iii) describe any noteworthy facts or circumstances relating to orders under title IV of the Foreign Intelligence Surveillance Act of 1978 as the orders relate to the element of the intelligence community; and (iv) examine any minimization procedures used by the element of the intelligence community in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures adequately protect the constitutional rights of United States persons. (B) Submission dates for assessment (i) Calendar years 2010 and 2011 Not later than January 1, 2014, the Inspector General of each element of the intelligence community that conducts an assessment under this paragraph shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representative a report containing the results of the assessment for calendar years 2010 and 2011. (ii) Calendar years 2012 and 2013 Not later than January 1, 2015, the Inspector General of each element of the intelligence community that conducts an assessment under this paragraph shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representative a report containing the results of the assessment for calendar years 2012 and 2013. (5) Prior notice to attorney general and director of national intelligence; comments (A) Notice Not later than 30 days before the submission of any report under paragraph (3) or (4), the Inspector General of the Department of Justice and any Inspector General of an element of the intelligence community that submits a report under this subsection shall provide the report to the Attorney General and the Director of National Intelligence. (B) Comments The Attorney General or the Director of National Intelligence may provide such comments to be included in any report submitted under paragraph (3) or (4) as the Attorney General or the Director of National Intelligence may consider necessary. (6) Unclassified form Each report submitted under paragraph (3) and any comments included in that report under paragraph (5)(B) shall be in unclassified form, but may include a classified annex. (d) Definitions In this section— (1) the terms Attorney General foreign intelligence information United States person (2) the term intelligence community 50 U.S.C. 3003 (3) the term minimization procedures 50 U.S.C. 1841 (4) the terms pen register trap and trace device section 3127 11. Delayed notice search warrants Section 3103a(b)(3) of title 18, United States Code, is amended by striking 30 days 7 days 12. Inspector General reviews (a) Agency assessments Section 702(l)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l)(2) (1) in the matter preceding subparagraph (A), by striking authorized to acquire foreign intelligence information under subsection (a) with targeting or minimization procedures approved under this section (2) in subparagraph (C), by inserting United States persons or later determined to be (3) in subparagraph (D)— (A) in the matter preceding clause (i), by striking such review review conducted under this paragraph (B) in clause (ii), by striking and (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii), the following: (iii) the Inspector General of the Intelligence Community; and . (b) Inspector General of the Intelligence Community review Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Inspector General of the Intelligence Community review (A) In general The Inspector General of the Intelligence Community is authorized to review the acquisition, use, and dissemination of information acquired under subsection (a) in order to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f), and in order to conduct the review required under subparagraph (B). (B) Mandatory review The Inspector General of the Intelligence Community shall review the procedures and guidelines developed by the intelligence community to implement this section, with respect to the protection of the privacy rights of United States persons, including— (i) an evaluation of the limitations outlined in subsection (b), the procedures approved in accordance with subsections (d) and (e), and the guidelines adopted in accordance with subsection (f), with respect to the protection of the privacy rights of United States persons; and (ii) an evaluation of the circumstances under which the contents of communications acquired under subsection (a) may be searched in order to review the communications of particular United States persons. (C) Consideration of other reviews and assessments In conducting a review under subparagraph (B), the Inspector General of the Intelligence Community should take into consideration, to the extent relevant and appropriate, any reviews or assessments that have been completed or are being undertaken under this section. (D) Report Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit a report regarding the reviews conducted under this paragraph to— (i) the Attorney General; (ii) the Director of National Intelligence; and (iii) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution— (I) the congressional intelligence committees; and (II) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (E) Public reporting of findings and conclusions In a manner consistent with the protection of the national security of the United States, and in unclassified form, the Inspector General of the Intelligence Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B). . (c) Annual reviews Section 702(l)(4)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesignated by subsection (b)(1), is amended— (1) in the matter preceding clause (i)— (A) in the first sentence— (i) by striking conducting an acquisition authorized under subsection (a) with targeting or minimization procedures approved under this section (ii) by striking the acquisition acquisitions under subsection (a) (B) in the second sentence, by striking The annual review As applicable, the annual review (2) in clause (iii), by inserting United States persons or later determined to be 13. Electronic surveillance Section 105(c)(1)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting with particularity description 14. Severability If any provision of this Act or an amendment made by this Act, or the application of the provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions of this Act and the amendments made by this Act to any other person or circumstance, shall not be affected thereby. 15. Offset Of the unobligated balances available in the Department of Justice Assets Forfeiture Fund established under section 524(c)(1) of title 28, United States Code, $5,000,000 are permanently rescinded and shall be returned to the general fund of the Treasury. 16. Effective date The amendments made by sections 3, 4, 5, 6, 7, and 11 shall take effect on the date that is 120 days after the date of enactment of this Act. | FISA Accountability and Privacy Protection Act of 2013 |
Improving Job Opportunities for Veterans Act of 2013 - Directs the Secretary of Veterans Affairs (VA), for a certain four-year period, to require training establishments applying for state approval of on-the-job training programs to certify that the wages to be paid an eligible veteran or person upon entrance into training will be increased in regular periodic increments until, by the last full month of the training period, they will be at least 75% (currently 85%) of the wages paid for the job for which such eligible veteran or person is being trained. Requires the Secretary to enter into agreements with the heads of other federal departments and agencies to operate similar on-the-job training programs to train eligible veterans or persons to perform skills necessary for employment by the department or agency operating the program. Extends from November 30 through December 31, 2016, the requirement of a reduced pension ($90 per month) for veterans (with neither spouse nor child) or surviving spouses (with no child) covered by Medicaid plans under title XIX of the Social Security Act for services furnished by nursing facilities. | 113 S1216 IS: Improving Job Opportunities for Veterans Act of 2013 U.S. Senate 2013-06-25 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. 1216 IN THE SENATE OF THE UNITED STATES June 25, 2013 Mr. Bennet Mr. Johanns Committee on Veterans' Affairs A BILL To improve and increase the availability of on-job training and apprenticeship programs carried out by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Improving Job Opportunities for Veterans Act of 2013 2. Authority to increase availability of private sector on-job training programs During the four-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out section 3677(b)(1)(A) of title 38, United States Code, by substituting 75 per centum 85 per centum 3. On-job training at Federal departments and agencies Beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into agreements with the heads of other Federal departments and agencies to operate programs of training on the job under section 3677 of title 38, United States Code, to train eligible veterans or persons to perform skills necessary for employment by the department or agency operating the program. 4. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities Section 5503(d)(7) of title 38, United States Code, is amended by striking November 30, 2016 December 31, 2016 | Improving Job Opportunities for Veterans Act of 2013 |
Fair Tax Act of 2013 - Repeals the income tax, employment tax, and estate and gift tax. Redesignates the Internal Revenue Code of 1986 as the Internal Revenue Code of 2013. Imposes a national sales tax on the use or consumption in the United States of taxable property or services. Sets the sales tax rate at 23% in 2015, with adjustments to the rate in subsequent years. Allows exemptions from the tax for property or services purchased for business, export, or investment purposes, and for state government functions. Sets forth rules relating to: (1) the collection and remittance of the sales tax, and (2) credits and refunds. Allows a monthly sales tax rebate for families meeting certain size and income requirements. Grants states the primary authority for the collection of sales tax revenues and the remittance of such revenues to the Treasury. Sets forth administrative provisions relating to: (1) the filing of monthly reports and payments of tax; (2) accounting methods; (3) registration of sellers of goods and services responsible for reporting sales; (4) penalties for noncompliance; and (5) collections, appeals, and taxpayer rights. Directs the Secretary of the Treasury to allocate sales tax revenues among: (1) the general revenue, (2) the old-age and survivors insurance trust fund, (3) the disability insurance trust fund, (4) the hospital insurance trust fund, and (5) the federal supplementary medical insurance trust fund. Prohibits the funding of the Internal Revenue Service (IRS) after FY2017. Establishes in the Department of the Treasury: (1) an Excise Tax Bureau to administer excise taxes not administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and (2) a Sales Tax Bureau to administer the national sales tax. Terminates the sales tax imposed by this Act if the Sixteenth Amendment to the U.S. Constitution (authorizing an income tax) is not repealed within seven years after the enactment of this Act. | 113 S122 IS: Fair Tax 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. 122 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Chambliss Mr. Burr Mr. Inhofe Mr. Coburn Mr. Cornyn Mr. Moran Mr. Cruz Committee on Finance A BILL To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States. 1. Short title; table of contents (a) Short Title This Act may be cited as the Fair Tax Act of 2013 (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Title I—Repeal of the Income Tax, Payroll Taxes, and Estate and Gift Taxes Sec. 101. Income taxes repealed. Sec. 102. Payroll taxes repealed. Sec. 103. Estate and gift taxes repealed. Sec. 104. Conforming amendments; effective date. Title II—Sales Tax Enacted Sec. 201. Sales tax. Sec. 202. Conforming and technical amendments. Title III—Other Matters Sec. 301. Phase-out of administration of repealed Federal taxes. Sec. 302. Administration of other Federal taxes. Sec. 303. Sales tax inclusive Social Security benefits indexation. Title IV—Sunset of Sales Tax if Sixteenth Amendment not Repealed Sec. 401. Elimination of sales tax if Sixteenth Amendment not repealed. 2. Congressional findings (a) Findings Relating to Federal Income Tax Congress finds the Federal income tax— (1) retards economic growth and has reduced the standard of living of the American public; (2) impedes the international competitiveness of United States industry; (3) reduces savings and investment in the United States by taxing income multiple times; (4) slows the capital formation necessary for real wages to steadily increase; (5) lowers productivity; (6) imposes unacceptable and unnecessary administrative and compliance costs on individual and business taxpayers; (7) is unfair and inequitable; (8) unnecessarily intrudes upon the privacy and civil rights of United States citizens; (9) hides the true cost of government by embedding taxes in the costs of everything Americans buy; (10) is not being complied with at satisfactory levels and therefore raises the tax burden on law abiding citizens; and (11) impedes upward social mobility. (b) Findings Relating to Federal Payroll Taxes Congress finds further that the Social Security and Medicare payroll taxes and self-employment taxes— (1) raise the cost of employment; (2) destroy jobs and cause unemployment; and (3) have a disproportionately adverse impact on lower income Americans. (c) Findings Relating to Federal Estate and Gift Taxes Congress finds further that the Federal estate and gift taxes— (1) force family businesses and farms to be sold by the family to pay such taxes; (2) discourage capital formation and entrepreneurship; (3) foster the continued dominance of large enterprises over small family-owned companies and farms; and (4) impose unacceptably high tax planning costs on small businesses and farms. (d) Findings Relating to National Sales Tax Congress finds further that a broad-based national sales tax on goods and services purchased for final consumption— (1) is similar in many respects to the sales and use taxes in place in 45 of the 50 States; (2) will promote savings and investment; (3) will promote fairness; (4) will promote economic growth; (5) will raise the standard of living; (6) will increase investment; (7) will enhance productivity and international competitiveness; (8) will reduce administrative burdens on the American taxpayer; (9) will improve upward social mobility; and (10) will respect the privacy interests and civil rights of taxpayers. (e) Findings Relating to Administration of National Sales Tax Congress further finds that— (1) most of the practical experience administering sales taxes is found at the State governmental level; (2) it is desirable to harmonize Federal and State collection and enforcement efforts to the maximum extent possible; (3) it is sound tax administration policy to foster administration and collection of the Federal sales tax at the State level in return for a reasonable administration fee to the States; and (4) businesses that must collect and remit taxes should receive reasonable compensation for the cost of doing so. (f) Findings Relating to Repeal of Present Federal Tax System Congress further finds that the 16th amendment to the United States Constitution should be repealed. I Repeal of the Income Tax, Payroll Taxes, and Estate and Gift Taxes 101. Income taxes repealed Subtitle A of the Internal Revenue Code of 1986 (relating to income taxes and self-employment taxes) is repealed. 102. Payroll taxes repealed (a) In General Subtitle C of the Internal Revenue Code of 1986 (relating to payroll taxes and withholding of income taxes) is repealed. (b) Funding of Social Security For funding of the Social Security Trust Funds from general revenue, see section 201 of the Social Security Act 42 U.S.C. 401 103. Estate and gift taxes repealed Subtitle B of the Internal Revenue Code of 1986 (relating to estate and gift taxes) is repealed. 104. Conforming amendments; effective date (a) Conforming Amendments The Internal Revenue Code of 1986 is amended— (1) by striking subtitle H (relating to financing of Presidential election campaigns), and (2) by redesignating— (A) subtitle D (relating to miscellaneous excise taxes) as subtitle B, (B) subtitle E (relating to alcohol, tobacco, and certain other excise taxes) as subtitle C, (C) subtitle F (relating to procedure and administration) as subtitle D, (D) subtitle G (relating to the Joint Committee on Taxation) as subtitle E, (E) subtitle I (relating to the Trust Fund Code) as subtitle F, (F) subtitle J (relating to coal industry health benefits) as subtitle G, and (G) subtitle K (relating to group health plan portability, access, and renewability requirements) as subtitle H. (b) Redesignation of 1986 Code (1) In general The Internal Revenue Code of 1986 enacted on October 22, 1986, as heretofore, hereby, or hereafter amended, may be cited as the Internal Revenue Code of 2013. (2) References in laws, etc Except when inappropriate, any reference in any law, Executive order, or other document— (A) to the Internal Revenue Code of 1986 shall include a reference to the Internal Revenue Code of 2013, and (B) to the Internal Revenue Code of 2013 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1986. (c) Additional Amendments For additional conforming amendments, see section 202 of this Act. (d) Effective Date Except as otherwise provided in this Act, the amendments made by this Act shall take effect on January 1, 2015. II Sales Tax Enacted 201. Sales tax (a) In General The Internal Revenue Code of 2013 is amended by inserting before subtitle B (as redesignated by section 104(a)(2)(A)) the following new subtitle: A Sales Tax Sec. 1. Principles of interpretation. Sec. 2. Definitions. Chapter 1. Interpretation; definitions; imposition of tax; etc. Chapter 2. Credits; refunds Chapter 3. Family consumption allowance Chapter 4. Federal and state cooperative tax administration Chapter 5. Other administrative provisions Chapter 6. Collections; appeals; taxpayer rights Chapter 7. Special rules Chapter 8. Financial intermediation services Chapter 9. Additional matters 1. Principles of interpretation (a) In General Any court, the Secretary, and any sales tax administering authority shall consider the purposes of this subtitle (as set forth in subsection (b)) as the primary aid in statutory construction. (b) Purposes The purposes of this subtitle are as follows: (1) To raise revenue needed by the Federal Government in a manner consistent with the other purposes of this subtitle. (2) To tax all consumption of goods and services in the United States once, without exception, but only once. (3) To prevent double, multiple, or cascading taxation. (4) To simplify the tax law and reduce the administration costs of, and the costs of compliance with, the tax law. (5) To provide for the administration of the tax law in a manner that respects privacy, due process, individual rights when interacting with the government, the presumption of innocence in criminal proceedings, and the presumption of lawful behavior in civil proceedings. (6) To increase the role of State governments in Federal tax administration because of State government expertise in sales tax administration. (7) To enhance generally cooperation and coordination among State tax administrators; and to enhance cooperation and coordination among Federal and State tax administrators, consistent with the principle of intergovernmental tax immunity. (c) Secondary Aids to Statutory Construction As a secondary aid in statutory construction, any court, the Secretary, and any sales tax administering authority shall consider— (1) the common law canons of statutory construction; (2) the meaning and construction of concepts and terms used in the Internal Revenue Code of 1986 as in effect before the effective date of this subtitle; and (3) construe any ambiguities in this Act in favor of reserving powers to the States respectively, or to the people. 2. Definitions (a) In General For purposes of this subtitle— (1) Affiliated firms A firm is affiliated with another if 1 firm owns 50 percent or more of— (A) the voting shares in a corporation, or (B) the capital interests of a business firm that is not a corporation. (2) Conforming state sales tax The term conforming State sales tax (3) Designated commercial private courier service The term designated commercial private courier service (A) provides its services to the general public, (B) records electronically to its data base kept in the regular course of its business the date on which an item was given to such firm for delivery, and (C) has been operating for at least 1 year. (4) Education and training The term education and training (5) Gross payments The term gross payments (6) Intangible property (A) In general The term intangible property (B) Certain types of property Such term does not include tangible personal property (or rents or leaseholds of any term thereon), real property (or rents or leaseholds of any term thereon) and computer software. (7) Person The term person (8) Produce, provide, render, or sell taxable property or services (A) In general A taxable property or service is used to produce, provide, render, or sell a taxable property or service if such property or service is purchased by a person engaged in a trade or business for the purpose of employing or using such taxable property or service in the production, provision, rendering, or sale of other taxable property or services in the ordinary course of that trade or business. (B) Research, experimentation, testing, and development Taxable property or services used in a trade or business for the purpose of research, experimentation, testing, and development shall be treated as used to produce, provide, render, or sell taxable property or services. (C) Insurance payments Taxable property or services purchased by an insurer on behalf of an insured shall be treated as used to produce, provide, render, or sell taxable property or services if the premium for the insurance contract giving rise to the insurer’s obligation was subject to tax pursuant to section 801 (relating to financial intermediation services). (D) Education and training Education and training shall be treated as services used to produce, provide, render, or sell taxable property or services. (9) Registered seller The term registered seller (10) Sales tax administering authority The term sales tax administering authority (A) the State agency designated to collect and administer the sales tax imposed by this subtitle, in an administering State, or (B) the Secretary, in a State that is neither— (i) an administering State, nor (ii) a State that has elected to have its sales tax administered by an administering State. (11) Secretary The term Secretary (12) Taxable employer (A) In general The term taxable employer (i) any household employing domestic servants, and (ii) any government except for government enterprises (as defined in section 704). (B) Exceptions The term taxable employer (i) engaged in a trade or business, (ii) a not-for-profit organization (as defined in section 706), or (iii) a government enterprise (as defined in section 704). (C) Cross reference For rules relating to collection and remittance of tax on wages by taxable employers, see section 103(b)(2). (13) Tax inclusive fair market value The term tax inclusive fair market value (14) Taxable property or service (A) General rule The term taxable property or service (i) any property (including leaseholds of any term or rents with respect to such property) but excluding— (I) intangible property, and (II) used property, and (ii) any service (including any financial intermediation services as determined by section 801). (B) Service For purposes of subparagraph (A), the term service (i) shall include any service performed by an employee for which the employee is paid wages or a salary by a taxable employer, and (ii) shall not include any service performed by an employee for which the employee is paid wages or a salary— (I) by an employer in the regular course of the employer’s trade or business, (II) by an employer that is a not-for-profit organization (as defined in section 706), (III) by an employer that is a government enterprise (as defined in section 704), and (IV) by taxable employers to employees directly providing education and training. (15) United states The term United States (16) Used property The term used property (A) property on which the tax imposed by section 101 has been collected and for which no credit has been allowed under section 202, 203, or 205, or (B) property that was held other than for a business purpose (as defined in section 102(b)) on December 31, 2014. (17) Wages and salary The terms wage salary (b) Cross References (1) For the definition of business purposes, see section 102(b). (2) For the definition of insurance contract, see section 206(e). (3) For the definition of qualified family, see section 302. (4) For the definition of monthly poverty level, see section 303. (5) For the definition of large seller, see section 501(e)(3). (6) For the definition of hobby activities, see section 701. (7) For the definition of gaming sponsor, see section 701(a). (8) For the definition of a chance, see section 701(b). (9) For the definition of government enterprise, see section 704(b). (10) For the definition of mixed use property, see section 705. (11) For the definition of qualified not-for-profit organization, see section 706. (12) For the definition of financial intermediation services, see section 801. 1 Interpretation; definitions; imposition of tax; etc Sec. 101. Imposition of sales tax. Sec. 102. Intermediate and export sales. Sec. 103. Rules relating to collection and remittance of tax. 101. Imposition of sales tax (a) In General There is hereby imposed a tax on the use or consumption in the United States of taxable property or services. (b) Rate (1) For 2015 In the calendar year 2015, the rate of tax is 23 percent of the gross payments for the taxable property or service. (2) For years after 2015 For years after the calendar year 2015, the rate of tax is the combined Federal tax rate percentage (as defined in paragraph (3)) of the gross payments for the taxable property or service. (3) Combined federal tax rate percentage The combined Federal tax rate percentage is the sum of— (A) the general revenue rate (as defined in paragraph (4), (B) the old-age, survivors and disability insurance rate, and (C) the hospital insurance rate. (4) General revenue rate The general revenue rate shall be 14.91 percent. (c) Coordination With Import Duties The tax imposed by this section is in addition to any import duties imposed by chapter 4 (d) Liability for Tax (1) In general The person using or consuming taxable property or services in the United States is liable for the tax imposed by this section, except as provided in paragraph (2) of this subsection. (2) Exception where tax paid to seller A person using or consuming a taxable property or service in the United States is not liable for the tax imposed by this section if the person pays the tax to a person selling the taxable property or service and receives from such person a purchaser’s receipt within the meaning of section 509. 102. Intermediate and export sales (a) In General For purposes of this subtitle— (1) Business and export purposes No tax shall be imposed under section 101 on any taxable property or service purchased for a business purpose in a trade or business. (2) Investment purpose No tax shall be imposed under section 101 on any taxable property or service purchased for an investment purpose and held exclusively for an investment purpose. (3) State government functions No tax shall be imposed under section 101 on State government functions that do not constitute the final consumption of property or services. (b) Business Purposes For purposes of this section, the term purchased for a business purpose in a trade or business (1) for resale, (2) to produce, provide, render, or sell taxable property or services, or (3) in furtherance of other bona fide business purposes. (c) Investment Purposes For purposes of this section, the term purchased for an investment purpose 103. Rules relating to collection and remittance of tax (a) Liability for Collection and Remittance of the Tax Except as provided otherwise by this section, any tax imposed by this subtitle shall be collected and remitted by the seller of taxable property or services (including financial intermediation services). (b) Tax To Be Remitted by Purchaser in Certain Circumstances (1) In general In the case of taxable property or services purchased outside of the United States and imported into the United States for use or consumption in the United States, the purchaser shall remit the tax imposed by section 101. (2) Certain wages or salary In the case of wages or salary paid by a taxable employer which are taxable services, the employer shall remit the tax imposed by section 101. (c) Conversion of Business or Export Property or Services Property or services purchased for a business purpose in a trade or business or for export (sold untaxed pursuant to section 102(a)) that is subsequently converted to personal use shall be deemed purchased at the time of conversion and shall be subject to the tax imposed by section 101 at the fair market value of the converted property as of the date of conversion. The tax shall be due as if the property had been sold at the fair market value during the month of conversion. The person using or consuming the converted property is liable for and shall remit the tax. (d) Barter Transactions If gross payment for taxable property or services is made in other than money, then the person responsible for collecting and remitting the tax shall remit the tax to the sales tax administering authority in money as if gross payment had been made in money at the tax inclusive fair market value of the taxable property or services purchased. 2 CREDITS; REFUNDS Sec. 201. Credits and refunds. Sec. 202. Business use conversion credit. Sec. 203. Intermediate and export sales credit. Sec. 204. Administration credit. Sec. 205. Bad debt credit. Sec. 206. Insurance proceeds credit. Sec. 207. Refunds. 201. Credits and refunds (a) In General Each person shall be allowed a credit with respect to the taxes imposed by section 101 for each month in an amount equal to the sum of— (1) such person’s business use conversion credit pursuant to section 202 for such month, (2) such person’s intermediate and export sales credit pursuant to section 203 for such month, (3) the administration credit pursuant to section 204 for such month, (4) the bad debt credit pursuant to section 205 for such month, (5) the insurance proceeds credit pursuant to section 206 for such month, (6) the transitional inventory credit pursuant to section 902, and (7) any amount paid in excess of the amount due. (b) Credits Not Additive Only one credit allowed by chapter 2 may be taken with respect to any particular gross payment. 202. Business use conversion credit (a) In General For purposes of section 201, a person’s business use conversion credit for any month is the aggregate of the amounts determined under subsection (b) with respect to taxable property and services— (1) on which tax was imposed by section 101 (and actually paid), and (2) which commenced to be 95 percent or more used during such month for business purposes (within the meaning of section 102(b)). (b) Amount of Credit The amount determined under this paragraph with respect to any taxable property or service is the lesser of— (1) the product of— (A) the rate imposed by section 101, and (B) the quotient that is— (i) the fair market value of the property or service when its use is converted, divided by (ii) the quantity that is 1 minus the tax rate imposed by section 101, or (2) the amount of tax paid with respect to such taxable property or service, including the amount, if any, determined in accordance with section 705 (relating to mixed use property). 203. Intermediate and export sales credit For purposes of section 201, a person’s intermediate and export sales credit is the amount of sales tax paid on the purchase of any taxable property or service purchased for— (1) a business purpose in a trade or business (as defined in section 102(b)), or (2) export from the United States for use or consumption outside the United States. 204. Administration credit (a) In General Every person filing a timely monthly report (with regard to extensions) in compliance with section 501 shall be entitled to a taxpayer administrative credit equal to the greater of— (1) $200, or (2) one-quarter of 1 percent of the tax remitted. (b) Limitation The credit allowed under this section shall not exceed 20 percent of the tax due to be remitted prior to the application of any credit or credits permitted by section 201. 205. Bad debt credit (a) Financial Intermediation Services Any person who has experienced a bad debt (other than unpaid invoices within the meaning of subsection (b)) shall be entitled to a credit equal to the product of— (1) the rate imposed by section 101, and (2) the quotient that is— (A) the amount of the bad debt (as defined in section 802), divided by (B) the quantity that is 1 minus the rate imposed by section 101. (b) Unpaid Invoices Any person electing the accrual method pursuant to section 503 that has with respect to a transaction— (1) invoiced the tax imposed by section 101, (2) remitted the invoiced tax, (3) actually delivered the taxable property or performed the taxable services invoiced, and (4) not been paid 180 days after date the invoice was due to be paid, shall be entitled to a credit equal to the amount of tax remitted and unpaid by the purchaser. (c) Subsequent Payment Any payment made with respect to a transaction subsequent to a section 205 credit being taken with respect to that transaction shall be subject to tax in the month the payment was received as if a tax inclusive sale of taxable property and services in the amount of the payment had been made. (d) Partial Payments Partial payments shall be treated as pro rata payments of the underlying obligation and shall be allocated proportionately— (1) for fully taxable payments, between payment for the taxable property and service and tax, and (2) for partially taxable payments, among payment for the taxable property and service, tax and other payment. (e) Related Parties The credit provided by this section shall not be available with respect to sales made to related parties. For purposes of this section, related party means affiliated firms and family members (as defined in section 302(b)). 206. Insurance proceeds credit (a) In General A person receiving a payment from an insurer by virtue of an insurance contract shall be entitled to a credit in an amount determined by subsection (b), less any amount paid to the insured by the insurer pursuant to subsection (c), if the entire premium (except that portion allocable to the investment account of the underlying policy) for the insurance contract giving rise to the insurer’s obligation to make a payment to the insured was subject to the tax imposed by section 101 and said tax was paid. (b) Credit Amount The amount of the credit shall be the product of— (1) the rate imposed by section 101, and (2) the quotient that is— (A) the amount of the payment made by the insurer to the insured, divided by (B) the quantity that is 1 minus the rate imposed by section 101. (c) Administrative Option The credit determined in accordance with subsection (b) shall be paid by the insurer to the insured and the insurer shall be entitled to the credit in lieu of the insured, except that the insurer may elect, in a form prescribed by the Secretary, to not pay the credit and require the insured to make application for the credit. In the event of such election, the insurer shall provide to the Secretary and the insured the name and tax identification number of the insurer and of the insured and indicate the proper amount of the credit. (d) Coordination With Respect to Exemption If taxable property or services purchased by an insurer on behalf of an insured are purchased free of tax by virtue of section 2(a)(8)(C), then the credit provided by this section shall not be available with respect to that purchase. (e) Insurance Contract For purposes of subsection (a), the term insurance contract 207. Refunds (a) Registered Sellers If a registered seller files a monthly tax report with an overpayment, then, upon application by the registered seller in a form prescribed by the sales tax administering authority, the overpayment shown on the report shall be refunded to the registered seller within 60 days of receipt of said application. In the absence of such application, the overpayment may be carried forward, without interest, by the person entitled to the credit. (b) Other Persons If a person other than a registered seller has an overpayment for any month, then, upon application by the person in a form prescribed by the sales tax administering authority, the credit balance due shall be refunded to the person within 60 days of receipt of said application. (c) Interest No interest shall be paid on any balance due from the sales tax administering authority under this subsection for any month if such balance due is paid within 60 days after the application for refund is received. Balances due not paid within 60 days after the application for refund is received shall bear interest from the date of application. Interest shall be paid at the Federal short-term rate (as defined in section 511). (d) Suspension of Period To Pay Refund Only if Federal or State Court Ruling The 60-day periods under subsections (a) and (b) shall be suspended with respect to a purported overpayment (or portion thereof) only during any period that there is in effect a preliminary, temporary, or final ruling from a Federal or State court that there is reasonable cause to believe that such overpayment may not actually be due. 3 Family consumption allowance Sec. 301. Family consumption allowance. Sec. 302. Qualified family. Sec. 303. Monthly poverty level. Sec. 304. Rebate mechanism. Sec. 305. Change in family circumstances. 301. Family consumption allowance Each qualified family shall be eligible to receive a sales tax rebate each month. The sales tax rebate shall be in an amount equal to the product of— (1) the rate of tax imposed by section 101, and (2) the monthly poverty level. 302. Qualified family (a) General Rule For purposes of this chapter, the term qualified family (b) Family Size Determination (1) In general To determine the size of a qualified family for purposes of this chapter, family members shall mean— (A) an individual, (B) the individual’s spouse, (C) all lineal ancestors and descendants of said individual (and such individual’s spouse), (D) all legally adopted children of such individual (and such individual’s spouse), and (E) all children under legal guardianship of such individual (or such individual’s spouse). (2) Identification requirements In order for a person to be counted as a member of the family for purposes of determining the size of the qualified family, such person must— (A) have a bona fide Social Security number; and (B) be a lawful resident of the United States. (c) Children Living Away From Home (1) Students living away from home Any person who was a registered student during not fewer than 5 months in a calendar year while living away from the common residence of a qualified family but who receives over 50 percent of such person’s support during a calendar year from members of the qualified family shall be included as part of the family unit whose members provided said support for purposes of this chapter. (2) Children of divorced or separated parents If a child’s parents are divorced or legally separated, a child for purposes of this chapter shall be treated as part of the qualified family of the custodial parent. In cases of joint custody, the custodial parent for purposes of this chapter shall be the parent that has custody of the child for more than one-half of the time during a given calendar year. A parent entitled to be treated as the custodial parent pursuant to this paragraph may release this claim to the other parent if said release is in writing. (d) Annual Registration In order to receive the family consumption allowance provided by section 301, a qualified family must register with the sales tax administering authority in a form prescribed by the Secretary. The annual registration form shall provide— (1) the name of each family member who shared the qualified family’s residence on the family determination date, (2) the Social Security number of each family member on the family determination date who shared the qualified family’s residence on the family determination date, (3) the family member or family members to whom the family consumption allowance should be paid, (4) a certification that all listed family members are lawful residents of the United States, (5) a certification that all family members sharing the common residence are listed, (6) a certification that no family members were incarcerated on the family determination date (within the meaning of subsection (l)), and (7) the address of the qualified family. Said registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the date of filing. (e) Registration Not Mandatory Registration is not mandatory for any qualified family. (f) Effect of Failure To Provide Annual Registration Any qualified family that fails to register in accordance with this section within 30 days of the family determination date, shall cease receiving the monthly family consumption allowance in the month beginning 90 days after the family determination date. (g) Effect of Curing Failure To Provide Annual Registration Any qualified family that failed to timely make its annual registration in accordance with this section but subsequently cures its failure to register, shall be entitled to up to 6 months of lapsed sales tax rebate payments. No interest on lapsed payment amount shall be paid. (h) Effective Date of Annual Registrations Annual registrations shall take effect for the month beginning 90 days after the family registration date. (i) Effective Date of Revised Registrations A revised registration made pursuant to section 305 shall take effect for the first month beginning 60 days after the revised registration was filed. The existing registration shall remain in effect until the effective date of the revised registration. (j) Determination of Registration Filing Date An annual or revised registration shall be deemed filed when— (1) deposited in the United States mail, postage prepaid, to the address of the sales tax administering authority; (2) delivered and accepted at the offices of the sales tax administering authority; or (3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority. (k) Proposed Registration To Be Provided 30 or more days before the family registration date, the sales tax administering authority shall mail to the address shown on the most recent rebate registration or change of address notice filed pursuant to section 305(d) a proposed registration that may be simply signed by the appropriate family members if family circumstances have not changed. (l) Incarcerated Individuals An individual shall not be eligible under this chapter to be included as a member of any qualified family if that individual— (1) is incarcerated in a local, State, or Federal jail, prison, mental hospital, or other institution on the family determination date, and (2) is scheduled to be incarcerated for 6 months or more in the 12-month period following the effective date of the annual registration or the revised registration of said qualified family. (m) Family Determination Date The family determination date is a date assigned to each family by the Secretary for purposes of determining qualified family size and other information necessary for the administration of this chapter. The Secretary shall promulgate regulations regarding the issuance of family determination dates. In the absence of any regulations, the family determination date for all families shall be October 1. The Secretary may assign family determination dates for administrative convenience. Permissible means of assigning family determination dates include a method based on the birthdates of family members. (n) Cross Reference For penalty for filing false rebate claim, see section 504(i). 303. Monthly poverty level (a) In General The monthly poverty level for any particular month shall be one-twelfth of the annual poverty level annual poverty level (1) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a particular family size, and (2) in case of families that include a married couple, the annual marriage penalty elimination amount (b) Annual Marriage Penalty Elimination Amount The annual marriage penalty elimination amount shall be the amount that is— (1) the amount that is two times the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of one, less (2) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of two. 304. Rebate mechanism (a) General Rule The Social Security Administration shall provide a monthly sales tax rebate to duly registered qualified families in an amount determined in accordance with section 301. (b) Persons Receiving Rebate The payments shall be made to the persons designated by the qualifying family in the annual or revised registration for each qualified family in effect with respect to the month for which payment is being made. Payments may only be made to persons 18 years or older. If more than 1 person is designated in a registration to receive the rebate, then the rebate payment shall be divided evenly between or among those persons designated. (c) When Rebates Mailed Rebates shall be mailed on or before the first business day of the month for which the rebate is being provided. (d) Smartcards and Direct Electronic Deposit Permissible The Social Security Administration may provide rebates in the form of smartcards that carry cash balances in their memory for use in making purchases at retail establishments or by direct electronic deposit. 305. Change in family circumstances (a) General Rule In the absence of the filing of a revised registration in accordance with this chapter, the common residence of the qualified family, marital status and number of persons in a qualified family on the family registration date shall govern determinations required to be made under this chapter for purposes of the following calendar year. (b) No Double Counting In no event shall any person be considered part of more than 1 qualified family. (c) Revised Registration Permissible A qualified family may file a revised registration for purposes of section 302(d) to reflect a change in family circumstances. A revised registration form shall provide— (1) the name of each family member who shared the qualified family’s residence on the filing date of the revised registration, (2) the Social Security number of each family member who shared the qualified family’s residence on the filing date of the revised registration, (3) the family member or family members to whom the family consumption allowance should be paid, (4) a certification that all listed family members are lawful residents of the United States, (5) a certification that all family members sharing the commoner residence are listed, (6) a certification that no family members were incarcerated on the family determination date (within the meaning of section 302(1)), and (7) the address of the qualified family. Said revised registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the filing date of the revised registration. (d) Change of Address A change of address for a qualified family may be filed with the sales tax administering authority at any time and shall not constitute a revised registration. (e) Revised Registration Not Mandatory Revised registrations reflecting changes in family status are not mandatory. 4 Federal and State cooperative tax administration Sec. 401. Authority for States to collect tax. Sec. 402. Federal administrative support for States. Sec. 403. Federal-State tax conferences. Sec. 404. Federal administration in certain States. Sec. 405. Interstate allocation and destination determination. Sec. 406. General administrative matters. Sec. 407. Jurisdiction. 401 Authority for States to collect tax (a) In General The tax imposed by section 101 on gross payments for the use or consumption of taxable property or services within a State shall be administered, collected, and remitted to the United States Treasury by such State if the State is an administering State. (b) Administering State For purposes of this section, the term administering State (1) which maintains a sales tax, and (2) which enters into a cooperative agreement with the Secretary containing reasonable provisions governing the administration by such State of the taxes imposed by the subtitle and the remittance to the United States in a timely manner of taxes collected under this chapter. (c) Cooperative Agreements The agreement under subsection (b)(2) shall include provisions for the expeditious transfer of funds, contact officers, dispute resolution, information exchange, confidentiality, taxpayer rights, and other matters of importance. The agreement shall not contain extraneous matters. (d) Timely Remittance of Tax (1) In general Administering States shall remit and pay over taxes collected under this subtitle on behalf of the United States (less the administration fee allowable under paragraph (2)) not later than 5 days after receipt. Interest at 150 percent of the Federal short-term rate shall be paid with respect to amounts remitted after the due date. (2) Administration fee An administering State may retain an administration fee equal to one-quarter of 1 percent of the amounts otherwise required to be remitted to the United States under this chapter by the administering State. (e) Limitation on Administration of Tax by United States The Secretary may administer the tax imposed by this subtitle in an administering State only if— (1) (A) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or (B) such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2); (2) the State has failed to cure such alleged failures and breaches within a reasonable time; (3) the Secretary provides such State with written notice of such alleged failures and breaches; and (4) a District Court of the United States within such State, upon application of the Secretary, has rendered a decision— (A) making findings of fact that— (i) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2); (ii) the Secretary has provided such State with written notice of such alleged failures and breaches; and (iii) the State has failed to cure such alleged failures and breaches within a reasonable time; and (B) making a determination that it is in the best interest of the citizens of the United States that the administering State’s authority to administer the tax imposed by this subtitle be revoked and said tax be administered directly by the Secretary. The order of the District Court revoking the authority of an Administering State shall contain provisions governing the orderly transfer of authority to the Secretary. (f) Reinstitution A State that has had its authority revoked pursuant to subsection (e) shall not be an administering State for a period of not less than 5 years after the date of the order of revocation. For the first calendar year commencing 8 years after the date of the order of revocation, the State shall be regarded without prejudice as eligible to become an administering State. (g) Third State Administration Permissible It shall be permissible for a State to contract with an administering State to administer the State’s sales tax for an agreed fee. In this case, the agreement contemplated by subsection (c) shall have both the State and the Federal Government as parties. (h) Investigations and Audits Administering States shall not conduct investigations or audits at facilities in other administering States in connection with the tax imposed by section 101 or conforming State sales tax but shall instead cooperate with other administering States using the mechanisms established by section 402, by compact or by other agreement. 402. Federal administrative support for States (a) In General The Secretary shall administer a program to facilitate information sharing among States. (b) State Compacts The Secretary shall facilitate, and may be a party to a compact among States for purposes of facilitating the taxation of interstate purchases and for other purposes that may facilitate implementation of this subtitle. (c) Agreement With Conforming States The Secretary is authorized to enter into and shall enter into an agreement among conforming States enabling conforming States to collect conforming State sales tax on sales made by sellers without a particular conforming State to a destination within that particular conforming State. (d) Secretary’s Authority The Secretary shall have the authority to promulgate regulations, to provide guidelines, to assist States in administering the national sales tax, to provide for uniformity in the administration of the tax and to provide guidance to the public. 403. Federal-State tax conferences Not less than once annually, the Secretary shall host a conference with the sales tax administrators from the various administering States to evaluate the state of the national sales tax system, to address issues of mutual concern and to develop and consider legislative, regulatory, and administrative proposals to improve the tax system. 404. Federal administration in certain States The Secretary shall administer the tax imposed by this subtitle in any State or other United States jurisdiction that— (1) is not an administering State, or (2) elected to have another State administer its tax in accordance with section 401(g). 405. Interstate allocation and destination determination (a) Destination Generally The tax imposed by this subtitle is a destination principle tax. This section shall govern for purposes of determining— (1) whether the destination of taxable property and services is within or without the United States, and (2) which State or territory within the United States is the destination of taxable property and services. (b) Tangible Personal Property Except as provided in subsection (g) (relating to certain leases), the destination of tangible personal property shall be the State or territory in which the property was first delivered to the purchaser (including agents and authorized representatives). (c) Real Property The destination of real property, or rents or leaseholds on real property, shall be the State or territory in which the real property is located. (d) Other Property The destination of any other taxable property shall be the residence of the purchaser. (e) Services (1) General rule The destination of services shall be the State or territory in which the use or consumption of the services occurred. Allocation of service invoices relating to more than 1 jurisdiction shall be on the basis of time or another method determined by regulation. (2) Telecommunications services The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services include telephone, telegraph, beeper, radio, cable television, satellite, and computer on-line or network services. (3) Domestic transportation services For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among each final destination). (4) International transportation services For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin. (5) Electrical service The destination of electrical services shall be the residence of the purchaser. (f) Financial Intermediation Services The destination of financial intermediation services shall be the residence of the purchaser. (g) Rents Paid for the Lease of Tangible Property (1) General rule Except as provided in paragraph (2), the destination of rents paid for the lease of tangible property and leaseholds on such property shall be where the property is located while in use. (2) Land vehicles; aircraft, water craft The destination of rental and lease payments on land vehicles, aircraft and water craft shall be— (A) in the case of rentals and leases of a term of 1 month or less, the location where the land vehicle, aircraft, or water craft was originally delivered to the renter or lessee; and (B) in the case of rentals and leases of a term greater than 1 month, the residence of the renter or lessee. (h) Allocation Rules For purposes of allocating revenue— (1) between or among administering States from taxes imposed by this subtitle or from State sales taxes administered by third-party administering States, or (2) between or among States imposing conforming State sales taxes, the revenue shall be allocated to those States that are the destination of the taxable property or service. (i) Federal Office of Revenue Allocation The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering States as to the destination of taxable property and services for purposes of allocating revenue between or among the States from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any Federal court with competent jurisdiction. The standard of review shall be abuse of discretion. 406. General administrative matters (a) In General The Secretary and each sales tax administering authority may employ such persons as may be necessary for the administration of this subtitle and may delegate to employees the authority to conduct interviews, hearings, prescribe rules, promulgate regulations, and perform such other duties as are required by this subtitle. (b) Resolution of Any Inconsistent Rules and Regulations In the event that the Secretary and any sales tax administering authority have issued inconsistent rules or regulations, any lawful rule or regulation issued by the Secretary shall govern. (c) Adequate Notice To Be Provided Except in the case of an emergency declared by the Secretary (and not his designee), no rule or regulation issued by the Secretary with respect to any internal revenue law shall take effect before 90 days have elapsed after its publication in the Federal Register. Upon issuance, the Secretary shall provide copies of all rules or regulations issued under this title to each sales tax administering authority. (d) No Rules, Rulings, or Regulations With Retroactive Effect No rule, ruling, or regulation issued or promulgated by the Secretary relating to any internal revenue law or by a sales tax administering authority shall apply to a period prior to its publication in the Federal Register (or State equivalent) except that a regulation may take retroactive effect to prevent abuse. (e) Review of Impact of Regulations, Rules, and Rulings on Small Business (1) Submission to small business administration After publication of any proposed or temporary regulation by the Secretary relating to internal revenue laws, the Secretary shall submit such regulation to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of such regulation on small businesses. Not later than the date 30 days after the date of such submission, the Chief Counsel for Advocacy of the Small Business Administration shall submit comments on such regulation to the Secretary. (2) Consideration of comments In prescribing any final regulation which supersedes a proposed or temporary regulation which had been submitted under this subsection to the Chief Counsel for Advocacy of the Small Business Administration, the Secretary shall— (A) consider the comments of the Chief Counsel for Advocacy of the Small Business Administration on such proposed or temporary regulation, and (B) in promulgating such final regulation, include a narrative that describes the response to such comments. (3) Submission of certain final regulation In the case of promulgation by the Secretary of any final regulations (other than a temporary regulation) which do not supersede a proposed regulation, the requirements of paragraphs (1) and (2) shall apply, except that the submission under paragraph (1) shall be made at least 30 days before the date of such promulgation, and the consideration and discussion required under paragraph (2) shall be made in connection with the promulgation of such final regulation. (f) Small Business Regulatory Safeguards The Small Business Regulatory Enforcement Fairness Act ( Public Law 104–121 407. Jurisdiction (a) State Jurisdiction A sales tax administering authority shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with section 405) within the State of said sales tax administering authority. This grant of jurisdiction is not exclusive of any other jurisdiction that such sales tax administering authority may have. (b) Federal Jurisdiction The grant of jurisdiction in subsection (a) shall not be in derogation of Federal jurisdiction over the same matter. The Federal Government shall have the right to exercise preemptive jurisdiction over matters relating to the taxes imposed by this subtitle. 5 OTHER ADMINISTRATIVE PROVISIONS Sec. 501. Monthly reports and payments. Sec. 502. Registration. Sec. 503. Accounting. Sec. 504. Penalties. Sec. 505. Burden of persuasion and burden of production. Sec. 506. Attorneys’ and accountancy fees. Sec. 507. Summons, examinations, audits, etc. Sec. 508. Records. Sec. 509. Tax to be separately stated and charged. Sec. 510. Coordination with title 11. Sec. 511. Applicable interest rate. 501. Monthly reports and payments (a) Tax Reports and Filing Dates (1) In general On or before the 15th day of each month, each person who is— (A) liable to collect and remit the tax imposed by this subtitle by reason of section 103(a), or (B) liable to pay tax imposed by this subtitle which is not collected pursuant to section 103(a), shall submit to the appropriate sales tax administering authority (in a form prescribed by the Secretary) a report relating to the previous calendar month. (2) Contents of report The report required under paragraph (1) shall set forth— (A) the gross payments referred to in section 101, (B) the tax collected under chapter 4 in connection with such payments, (C) the amount and type of any credit claimed, and (D) other information reasonably required by the Secretary or the sales tax administering authority for the administration, collection, and remittance of the tax imposed by this subtitle. (b) Tax Payments Date (1) General rule The tax imposed by this subtitle during any calendar month is due and shall be paid to the appropriate sales tax administering authority on or before the 15th day of the succeeding month. Both Federal tax imposed by this subtitle and conforming State sales tax (if any) shall be paid in 1 aggregate payment. (2) Cross reference See subsection (e) relating to remitting of separate segregated funds for sellers that are not small sellers. (c) Extensions for Filing Reports (1) Automatic extensions for not more than 30 days On application, an extension of not more than 30 days to file reports under subsection (a) shall be automatically granted. (2) Other extensions On application, extensions of 30 to 60 days to file such reports shall be liberally granted by the sales tax administering authority for reasonable cause. Extensions greater than 60 days may be granted by the sales tax administering authority to avoid hardship. (3) No extension for payment of taxes Notwithstanding paragraphs (1) and (2), no extension shall be granted with respect to the time for paying or remitting the taxes under this subtitle. (d) Telephone Reporting of Violations The Secretary shall establish a system under which a violation of this subtitle can be brought to the attention of the sales tax administering authority for investigation through the use of a toll-free telephone number and otherwise. (e) Separate Segregated Accounts (1) In general Any registered seller that is not a small seller shall deposit all sales taxes collected pursuant to section 103 in a particular week in a separate segregated account maintained at a bank or other financial institution within 3 business days of the end of such week. Said registered seller shall also maintain in that account sufficient funds to meet the bank or financial institution minimum balance requirements, if any, and to pay account fees and costs. (2) Small seller For purposes of this subsection, a small seller is any person that has not collected $20,000 or more of the taxes imposed by this subtitle in any of the previous 12 months. (3) Large sellers Any seller that has collected $100,000 or more of the taxes imposed by this subtitle in any of the previous 12 months is a large seller. A large seller shall remit to the sales tax administering authority the entire balance of deposited taxes in its separate segregated account on the first business day following the end of the calendar week. The Secretary may by regulation require the electronic transfer of funds due from large sellers. (4) Week For purposes of this subsection, the term week (f) Determination of Report Filing Date A report filed pursuant to subsection (a) shall be deemed filed when— (1) deposited in the United States mail, postage prepaid, addressed to the sales tax administering authority, (2) delivered and accepted at the offices of the sales tax administering authority, (3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority, or (4) by other means permitted by the Secretary. (g) Security Requirements A large seller (within the meaning of subsection (e)(3)) shall be required to provide security in an amount equal to the greater of $100,000 or one and one-half times the seller’s average monthly tax liability during the previous 6 calendar months. Security may be a cash bond, a bond from a surety company approved by the Secretary, a certificate of deposit, or a State or United States Treasury bond. A bond qualifying under this subsection must be a continuing instrument for each calendar year (or portion thereof) that the bond is in effect. The bond must remain in effect until the surety or sureties are released and discharged. Failure to provide security in accordance with this section shall result in revocation of the seller’s section 502 registration. If a person who has provided security pursuant to this subsection— (1) fails to pay an amount indicated in a final notice of amount due under this subtitle (within the meaning of section 605(d)), (2) no Taxpayer Assistance Order is in effect relating to the amount due, (3) either the time for filing an appeal pursuant to section 604 has passed or the appeal was denied, and (4) the amount due is not being litigated in any judicial forum, then the security or part of the security, as the case may be, may be forfeited in favor of the Secretary to the extent of such tax due (plus interest if any). (h) Rewards Program The Secretary is authorized to maintain a program of awards wherein individuals that assist the Secretary or sales tax administering authorities in discovering or prosecuting tax fraud may be remunerated. (i) Cross Reference For interest due on taxes remitted late, see section 6601. 502. Registration (a) In General Any person liable to collect and remit taxes pursuant to section 103(a) who is engaged in a trade or business shall register as a seller with the sales tax administering authority administering the taxes imposed by this subtitle. (b) Affiliated Firms Affiliated firms shall be treated as 1 person for purposes of this section. Affiliated firms may elect, upon giving notice to the Secretary in a form prescribed by the Secretary, to treat separate firms as separate persons for purposes of this subtitle. (c) Designation of Tax Matters Person Every person registered pursuant to subsection (a) shall designate a tax matters person who shall be an individual whom the sales tax administering authority may contact regarding tax matters. Each person registered must provide notice of a change in the identity of the tax matters person within 30 days of said change. (d) Effect of Failure To Register Any person that is required to register and who fails to do so is prohibited from selling taxable property or services. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section. 503. Accounting (a) Cash Method To Be Used Generally Registered sellers and other persons shall report transactions using the cash method of accounting unless an election to use the accrual method of accounting is made pursuant to subsection (b). (b) Election To Use Accrual Method A person may elect with respect to a calender year to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued. (c) Cross Reference See section 205 for rules relating to bad debts for sellers electing the accrual method 504. Penalties (a) Failure To Register Each person who is required to register pursuant to section 502 but fails to do so prior to notification by the sales tax administering authority shall be liable for a penalty of $500. (b) Reckless or Willful Failure To Collect Tax (1) Civil penalty; fraud Each person who is required to and recklessly or willfully fails to collect taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of tax not collected. (2) Criminal penalty Each person who is required to and willfully fails as part of a trade or business to collect taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both. (c) Reckless or Willful Assertion of Invalid Exemption (1) Civil penalty; fraud Each person who recklessly or willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not collected or remitted. (2) Criminal penalty Each person who willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both. (d) Reckless or Willful Failure To Remit Tax Collected (1) Civil penalty; fraud Each person who is required to and recklessly or willfully fails to remit taxes imposed by this subtitle and collected from purchasers shall be liable for a penalty equal to the greater of $1,000 or 50 percent of the tax not remitted. (2) Criminal penalty Each person who willfully fails to remit taxes imposed by this subtitle and collected from purchasers may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 2 years or both. (e) Reckless or Willful Failure To Pay Tax Each person who is required to and recklessly or willfully fails to pay taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not paid. (f) Penalty for Late Filing (1) In general In the case of a failure by any person who is required to and fails to file a report required by section 501 on or before the due date (determined with regard to any extension) for such report, such person shall pay a penalty for each month or fraction thereof that said report is late equal to the greater of— (A) $50, or (B) 0.5 percent of the gross payments required to be shown on the report. (2) Increased penalty on returns filed after written inquiry The amount of the penalty under paragraph (1) shall be doubled with respect to any report filed after a written inquiry with respect to such report is received by the taxpayer from the sales tax administering authority. (3) Limitation The penalty imposed under this subsection shall not exceed 12 percent. (4) Exceptions (A) Reasonable cause No penalty shall be imposed under this subsection with respect to any failure if it is shown that such failure is due to reasonable cause. (B) Other waiver authority In addition to penalties not imposed by reason of subparagraph (A), the sales tax administering authority, on application, shall waive the penalty imposed by paragraph (1) once per registered person per 24-month period. The preceding sentence shall not apply to a penalty determined under paragraph (2). (g) Penalty for Willfully or Recklessly Accepting a False Intermediate or Export Sales Certificate A person who willingly or recklessly accepts a false intermediate or export sales certificate shall pay a penalty equal to 20 percent of the tax not collected by reason of said acceptance. (h) Penalty for Late Remittance of Taxes (1) In general A person who is required to timely remit taxes imposed by this subtitle and remits taxes more than 1 month after such taxes are due shall pay a penalty equal to 1 percent per month (or fraction thereof) from the due date. (2) Limitation The penalty imposed under this subsection shall not exceed 24 percent. (3) Exceptions for reasonable cause No penalty shall be imposed under paragraph (1) with respect to any late remittance if it is shown that such late remittance is due to reasonable cause. (i) Penalty for Filing False Rebate Claim (1) Civil penalty; fraud A person who willingly or recklessly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) shall— (A) pay a penalty equal to the greater of $500 or 50 percent of the claimed annual rebate amount not actually due, and (B) repay any rebates received as a result of the false rebate claim (together with interest). (2) Criminal penalty A person who willingly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period not more than 1 year or both. (j) Penalty for Bad Check If any check or money order in payment of any amount receivable under this subtitle is not duly paid, in addition to other penalties provided by law, the person who tendered such check shall pay a penalty equal to the greater of— (1) $25, or (2) two percent of the amount of such check. (k) Penalty for Failure To Maintain a Separate Segregated Account Any person required to maintain a separate segregated account pursuant to section 501(e) that fails to maintain such a separate segregated account shall pay a penalty of $1,000. (l) Penalty for Failure To Deposit Collected Taxes in a Separate Segregated Account Any person required to deposit collected taxes into a separate segregated account maintained pursuant to section 501(e) that fails to timely deposit said taxes into the separate segregated account shall pay a penalty equal to 1 percent of the amount required to be deposited. The penalty imposed by the previous sentence shall be tripled unless said taxes have been deposited in the separate segregated account or remitted to the sales tax administering authority within 16 days of the date said deposit was due. (m) Joint and Several Liability for Tax Matters Person and Responsible Officers The tax matters person (designated pursuant to section 502(c)) and responsible officers or partners of a firm shall be jointly and severally liable for the tax imposed by this subtitle and penalties imposed by this subtitle. (n) Right of Contribution If more than 1 person is liable with respect to any tax or penalty imposed by this subtitle, each person who paid such tax or penalty shall be entitled to recover from other persons who are liable for such tax or penalty an amount equal to the excess of the amount paid by such person over such person’s proportionate share of the tax or penalty. (o) Civil Penalties and Criminal Fines Not Exclusive (1) Civil penalty The fact that a civil penalty has been imposed shall not prevent the imposition of a criminal fine. (2) Criminal fine The fact that a criminal fine has been imposed shall not prevent the imposition of a civil penalty. (p) Confidentiality Any person who violates the requirements relating to confidentiality of tax information (as provided in section 605(e)) may be fined up to $10,000 or imprisoned for a period of not more than 1 year, or both. (q) Cross Reference For interest due on late payments, see section 6601. 505. Burden of persuasion and burden of production In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall have the burden of production of documents and records but the sales tax administering authority or the Secretary shall have the burden of persuasion. In all disputes concerning an exemption claimed by a purchaser, if the seller has on file an intermediate sale or export sale certificate from the purchaser and did not have reasonable cause to believe that the certificate was improperly provided by the purchaser with respect to such purchase (within the meaning of section 103), then the burden of production of documents and records relating to that exemption shall rest with the purchaser and not with the seller. 506. Attorneys’ and accountancy fees In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall be entitled to reasonable attorneys’ fees, accountancy fees, and other reasonable professional fees incurred in direct relation to the dispute unless the sales tax administering authority or the Secretary establishes that its position was substantially justified. 507. Summons, examinations, audits, etc (a) Summons Persons are subject to administrative summons by the sales tax administering authority for records, documents, and testimony required by the sales tax administering authority to accurately determine liability for tax under this subtitle. A summons shall be served by the sales tax administering authority by an attested copy delivered in hand to the person to whom it is directed or left at his last known address. The summons shall describe with reasonable certainty what is sought. (b) Examinations and Audits The sales tax administering authority has the authority to conduct at a reasonable time and place examinations and audits of persons who are or may be liable to collect and remit tax imposed by this subtitle and to examine the books, papers, records, or other data of such persons which may be relevant or material to the determination of tax due. (c) Limitation on Authority in Case of Referral No administrative summons may be issued by the sales tax administering authority and no action be commenced to enforce an administrative summons with respect to any person if a Justice Department referral or referral to a State Attorney General’s Office is in effect with respect to such person relating to a tax imposed by this subtitle. Such referral is in effect with respect to any person if the sales tax administering authority or the Secretary has recommended to the Justice Department or a State Attorney General’s Office a grand jury investigation of such person or a criminal prosecution of such person that contemplates criminal sanctions under this title. A referral shall be terminated when— (1) the Justice Department or a State Attorney General’s Office notifies the sales tax administering authority or the Secretary that he will not— (A) prosecute such person for any offense connected with the internal revenue laws, (B) authorize a grand jury investigation of such person with respect to such offense, or (C) continue such a grand jury investigation, or (2) a final disposition has been made of any criminal proceeding connected with the internal revenue laws, or conforming State sales tax, against such person. 508. Records Any person liable to remit taxes pursuant to this subtitle shall keep records (including a record of all section 509 receipts provided, complete records of intermediate and export sales, including purchaser’s intermediate and export sales certificates and tax number and the net of tax amount of purchase) sufficient to determine the amounts reported, collected, and remitted for a period of 6 years after the latter of the filing of the report for which the records formed the basis or when the report was due to be filed. Any purchaser who purchased taxable property or services but did not pay tax by reason of asserting an intermediate and export sales exemption shall keep records sufficient to determine whether said exemption was valid for a period of 7 years after the purchase of taxable property or services. 509. Tax to be separately stated and charged (a) In General For each purchase of taxable property or services for which a tax is imposed by section 101, the seller shall charge the tax imposed by section 101 separately from the purchase. For purchase of taxable property or services for which a tax is imposed by section 101, the seller shall provide to the purchaser a receipt for each transaction that includes— (1) the property or services price exclusive of tax; (2) the amount of tax paid; (3) the property or service price inclusive of tax; (4) the tax rate (the amount of tax paid (per paragraph (2)) divided by the property or service price inclusive of tax (per paragraph (3)); (5) the date that the good or service was sold; (6) the name of the vendor; and (7) the vendor registration number. (b) Vending Machine Exception The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection are machines— (1) that dispense taxable property in exchange for coins or currency; and (2) that sell no single item exceeding $10 per unit in price. (c) Financial Intermediation Services Exception The requirements of subsection (a) shall be inapplicable in the case of sales financial intermediation service. Receipts shall be issued when the tax is imposed (in accordance with section 803 (relating to timing of tax on financial intermediation services)). 510. Coordination with title 11 No addition to tax shall be made under section 504 with respect to a period during which a case is pending under title 11, United States Code— (1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses; or (2) if— (A) such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee; and (B) the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or the date for making the addition to tax occurs on or after the date the petition was filed. 511. Applicable interest rate (a) In General (1) Federal short-term rate In the case of a debt instrument, investment, financing lease, or account with a term of not over 3 years, the applicable interest rate is the Federal short-term rate. (2) Federal mid-term rate In the case of a debt instrument, investment, financing lease, or account with a term of over 3 years but not over 9 years, the applicable interest rate is the Federal mid-term rate. (3) Federal long-term rate In the case of a debt instrument, investment, financing lease, or account with a term of over 9 years, the applicable interest rate is the Federal long-term rate. (b) Federal Short-Term Rate The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any one month) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or fewer. (c) Federal Mid-Term Rate The Federal mid-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of more than 3 years and not over 9 years. (d) Federal Long-Term Rate The Federal long-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of over 9 years. (e) Determination of Rates During each calendar month, the Secretary shall determine the Federal short-term rate, the Federal mid-term rate and the Federal long-term rate which shall apply during the following calendar month. 6 COLLECTIONS; APPEALS; TAXPAYER RIGHTS Sec. 601. Collections. Sec. 602. Power to levy, etc. Sec. 603. Problem resolution offices. Sec. 604. Appeals. Sec. 605. Taxpayer rights. Sec. 606. Installment agreements compromises. 601. Collections The sales tax administering authority shall collect the taxes imposed by this subtitle, except as provided in section 404 (relating to Federal administration in certain States). 602. Power to levy, etc (a) In General The sales tax administering authority may levy and seize property, garnish wages or salary and file liens to collect amounts due under this subtitle, pursuant to enforcement of— (1) a judgment duly rendered by a court of law; (2) an amount due if the taxpayer has failed to exercise his appeals rights under section 604; or (3) an amount due if the appeals process determined that an amount remained due and the taxpayer has failed to timely petition the Tax Court for relief. (b) Exemption From Levy, Seizure, and Garnishments There shall be exempt from levy, seizure, and garnishment or penalty in connection with any tax imposed by this subtitle— (1) wearing apparel, school books, fuel, provisions, furniture, personal effects, tools of a trade or profession, livestock in a household up to an aggregate value of $15,000; and (2) monthly money income equal to 150 percent of the monthly poverty level (as defined in section 303). (c) Liens To Be Timely Released Subject to such reasonable regulations as the Secretary may provide, any lien imposed with respect to a tax imposed by this title shall be released not later than 30 days after— (1) the liability was satisfied or became unenforceable; or (2) a bond was accepted as security. 603. Problem Resolution Offices (a) Problem Resolution Office To Be Established Each sales tax administering authority shall establish an independent Problem Resolution Office and appoint an adequate number of problem resolution officers. The head of the problem resolution office must be appointed by, and serve at the pleasure of either the State Governor (in the case of an administering State) or the President of the United States. (b) Authority of Problem Resolution Officers Problem resolution officers shall have the authority to investigate complaints and issue a Taxpayer Assistance Order to administratively enjoin any collection activity if, in the opinion of the problem resolution officer, said collection activity is reasonably likely to not be in compliance with law or to prevent hardship (other than by reason of having to pay taxes lawfully due). Problem resolution officers shall also have the authority to issue Taxpayer Assistance Orders releasing or returning property that has been levied upon or seized, ordering that a lien be released and that garnished wages be returned. A Taxpayer Assistance Order may only be rescinded or modified by the problem resolution officer that issued it, by the highest official in the relevant sales tax administering authority or by its general counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this Taxpayer Assistance Order may not be delegated. (c) Form of Request for Taxpayer Assistance Order The Secretary shall establish a form and procedure to aid persons requesting the assistance of the Problem Resolution Office and to aid the Problem Resolution Office in understanding the needs of the person seeking assistance. The use of this form, however, shall not be a prerequisite to a problem resolution officer taking action, including issuing a Taxpayer Assistance Order. (d) Content of Taxpayer Assistance Order A Taxpayer Assistance Order shall contain the name of the problem resolution officer, any provision relating to the running of any applicable period of limitation, the name of the person that the Taxpayer Assistance Order assists, the government office (or employee or officer of said government office) to whom it is directed and the action or cessation of action that the Taxpayer Assistance Order requires of said government officer (or employee or officer of said government office). The Taxpayer Assistance Order need not contain findings of fact or its legal basis; however, the problem resolution officer must provide findings of fact and the legal basis for the issuance of the Taxpayer Assistance Order to the sales tax administering authority upon the request of an officer of said authority within 2 weeks of the receipt of such request. (e) Independence Protected Problem resolution officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern of issuing injunctions that are manifestly unreasonable is proven in an administrative hearing by a preponderance of the evidence. (f) Other Rights Not Limited Nothing in this section shall limit the authority of the sales tax administering authority, the registered person or other person from pursuing any legal remedy in any court with jurisdiction over the dispute at issue. (g) Limitations The running of any applicable period of limitation shall be suspended for a period of 8 weeks following the issuance of a Taxpayer Assistance Order or, if specified, for a longer period set forth in the Taxpayer Assistance Order provided the suspension does not exceed 6 months. 604. Appeals (a) Administrative Appeals The sales tax administering authority shall establish an administrative appeals process wherein the registered person or other person in disagreement with a decision of the sales tax administering authority asserting liability for tax is provided a full and fair hearing in connection with any disputes said person has with the sales tax administering authority. (b) Timing of Administrative Appeals Said administrative appeal must be made within 60 days of receiving a final notice of amount due pursuant to section 605(d) unless leave for an extension is granted by the appeals officer in a form prescribed by the Secretary. Leave shall be granted to avoid hardship. 605. Taxpayer rights (a) Rights To Be Disclosed The sales tax administering authority shall provide to any person against whom it has— (1) commenced an audit or investigation; (2) issued a final notice of amount due; (3) filed an administrative lien, levy, or garnishment; (4) commenced other collection action; (5) commenced an action for civil penalties; or (6) any other legal action, a document setting forth in plain English the rights of the person. The document shall explain the administrative appeals process, the authority of the Problem Resolution Office (established pursuant to section 603) and how to contact that Office, the burden of production and persuasion that the person and the sales tax administering authority bear (pursuant to section 505), the right of the person to professional fees (pursuant to section 506), the right to record interviews and such other rights as the person may possess under this subtitle. Said document will also set forth the procedures for entering into an installment agreement. (b) Right to Professional Assistance In all dealings with the sales tax administering authority, a person shall have the right to assistance, at their own expense, of 1 or more professional advisors. (c) Right To Record Interviews Any person who is interviewed by an agent of the sales tax administering authority shall have the right to video or audio tape the interview at the person’s own expense. (d) Right to Final Notice of Amount Due No collection or enforcement action will be commenced against a person until 30 days after they have been provided with a final notice of amount due under this subtitle by the sales tax administering authority. The final notice of amount due shall set forth the amount of tax due (along with any interest and penalties due) and the factual and legal basis for such amounts being due with sufficient specificity that such basis can be understood by a reasonable person who is not a tax professional reading the notice. The final notice shall be sent by certified mail, return receipt requested, to— (1) the address last provided by a registered seller; or (2) the best available address to a person who is not a registered seller. (e) Confidentiality of Tax Information (1) In general All reports and report information (related to any internal revenue law) shall be confidential and except as authorized by this title— (A) no officer or employee (including former officers and employees) of the United States; (B) no officer or employee (including former officers and employees) of any State or local agency who has had access to returns or return information; and (C) no other person who has had access to returns or return information; shall disclose any report or report information obtained by him in any manner in connection with his service as such officer or employee or otherwise. (2) Designees The sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information of a person to that person or persons as that person may designate to receive said information or return. (3) Other sales tax administering authorities A sales tax administering authority may impose, disclose the report and report information to another sales tax administering authority. (4) Incompetency A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the committee, trustee, or guardian of a person who is incompetent. (5) Deceased persons A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the decedent’s— (A) administrator, executor, estate trustee, or (B) heir at law, next of kin, or beneficiary under a will who has a material interest that will be affected by the information. (6) Bankruptcy A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to a person’s trustee in bankruptcy. (7) Congress Upon written request from the Chairman of the Committee on Ways and Means, the Chairman of the Committee on Finance of the Senate, or the Chairman or Chief of Staff of the Joint Committee on Taxation, a sales tax administering authority shall disclose the report and report information, except that any report or report information that can be associated with or otherwise identify a particular person shall be furnished to such committee only when sitting in closed executive session unless such person otherwise consents in writing to such disclosure. (8) Waiver of privacy rights A person may waive confidentiality rights provided by this section. Such waiver must be in writing. (9) Internal use Disclosure of the report or report information by officers or employees of a sales tax administering authority to other officers or employees of a sales tax administering authority in the ordinary course of tax administration activities shall not constitute unlawful disclosure of the report or report information. (10) Statistical use Upon request in writing by the Secretary of Commerce, the Secretary shall furnish such reports and report information to officers and employees of the Department of Commerce as the Secretary may prescribe by regulation for the purposes of, and only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law. (11) Department of the treasury Returns and return information shall be open for inspection by officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, and only to the extent necessary for, preparing economic or financial forecasts, projections, analyses, or estimates. Such inspection or disclosure shall be permitted only upon written request that sets forth the reasons why such inspection or disclosure is necessary and is signed by the head of the bureau or office of the Department of the Treasury requesting the inspection or disclosure. 606. Installment agreements; compromises The sales tax administering authority is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax under this subtitle (and penalties and interest relating thereto) in installment payments if the sales tax administering authority determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the sales tax administering authority was materially inaccurate or incomplete. The sales tax administering authority may compromise any amounts alleged to be due. 7 Special rules Sec. 701. Hobby activities. Sec. 702. Gaming activities. Sec. 703. Government purchases. Sec. 704. Government enterprises. Sec. 705. Mixed use property. Sec. 706. Not-for-profit organizations. 701. Hobby activities (a) Hobby Activities Neither the exemption afforded by section 102 for intermediate sales nor the credits available pursuant to section 202 or 203 shall be available for any taxable property or service purchased for use in an activity if that activity is not engaged in for-profit. (b) Status Deemed If the activity has received gross payments for the sale of taxable property or services that exceed the sum of— (1) taxable property and services purchased; (2) wages and salary paid; and (3) taxes (of any type) paid, in 2 or more of the most recent 3 calendar years during which it operated, then the business activity shall be conclusively deemed to be engaged in for profit. 702. Gaming activities (a) Registration Any person selling 1 or more chances is a gaming sponsor and shall register, in a form prescribed by the Secretary, with the sales tax administering authority as a gaming sponsor. (b) Chance Defined For purposes of this section, the term chance (1) a random or unpredictable event; or (2) an event over which neither the gaming sponsor nor the person purchasing the chance has control over the outcome. (c) Chances Not Taxable Property or Service Notwithstanding any other provision in this subtitle, a chance is not taxable property or services for purposes of section 101. (d) Tax on Gaming Services Imposed A 23-percent tax is hereby imposed on the taxable gaming services of a gaming sponsor. This tax shall be paid and remitted by the gaming sponsor. The tax shall be remitted by the 15th day of each month with respect to taxable gaming services during the previous calendar month. (e) Taxable Gaming Services Defined For purposes of this section, the term taxable gaming services (1) gross receipts of the gaming sponsor from the sale of chances, minus (2) the sum of— (A) total gaming payoffs to chance purchasers (or their designees); and (B) gaming specific taxes (other than the tax imposed by this section) imposed by the Federal, State, or local government. 703. Government purchases (a) Government Purchases (1) Purchases by the federal government Purchases by the Federal Government of taxable property and services shall be subject to the tax imposed by section 101. (2) Purchase by state governments and their political subdivisions Purchases by State governments and their political subdivisions of taxable property and services shall be subject to the tax imposed by section 101. (b) Cross References For purchases by government enterprises see section 704. 704. Government enterprises (a) Government Enterprises To Collect and Remit Taxes on Sales Nothing in this subtitle shall be construed to exempt any Federal, State, or local governmental unit or political subdivision (whether or not the State is an administering State) operating a government enterprise from collecting and remitting tax imposed by this subtitle on any sale of taxable property or services., Government enterprises shall comply with all duties imposed by this subtitle and shall be liable for penalties and subject to enforcement action in the same manner as private persons that are not government enterprises. (b) Government Enterprise Any entity owned or operated by a Federal, State, or local governmental unit or political subdivision that receives gross payments from private persons is a government enterprise, except that a government-owned entity shall not become a government enterprise for purposes of this section unless in any quarter it has revenues from selling taxable property or services that exceed $2,500. (c) Government Enterprises Intermediate Sales (1) In general Government enterprises shall not be subject to tax on purchases that would not be subject to tax pursuant to section 102(b) if the government enterprise were a private enterprise. (2) Exception Government enterprises may not use the exemption afforded by section 102(b) to serve as a conduit for tax-free purchases by government units that would otherwise be subject to taxation on purchases pursuant to section 703. Transfers of taxable property or services purchased exempt from tax from a government enterprise to such government unit shall be taxable. (d) Separate Books of Account Any government enterprise must maintain books of account, separate from the nonenterprise government accounts, maintained in accordance with generally accepted accounting principles. (e) Trade or Business A government enterprise shall be treated as a trade or business for purposes of this subtitle. (f) Enterprise Subsidies Constitute Taxable Purchase A transfer of funds to a government enterprise by a government entity without full consideration shall constitute a taxable government purchase with the meaning of section 703 to the extent that the transfer of funds exceeds the fair market value of the consideration. 705. Mixed use property (a) Mixed Use Property or Service (1) Mixed use property or service defined For purposes of this section, the term mixed use property or service (2) Taxable threshold Mixed use property or service shall be subject to tax notwithstanding section 102(a)(1) unless such property or service is used more than 95 percent for purposes that would give rise to an exemption pursuant to section 102(a)(1) during each calendar year (or portions thereof) it is owned. (3) Mixed use property or services credit A person registered pursuant to section 502 is entitled to a business use conversion credit (pursuant to section 202) equal to the product of— (A) the mixed use property amount; and (B) the business use ratio; and (C) the rate of tax imposed by section 101. (4) Mixed use property amount The mixed use property amount for each month (or fraction thereof) in which the property was owned shall be— (A) one-three-hundred-sixtieth of the gross payments for real property for 360 months or until the property is sold; (B) one-eighty-fourth of the gross payments for tangible personal property for 84 months or until the property is sold; (C) one-sixtieth of the gross payments for vehicles for 60 months or until the property is sold; or (D) for other types of taxable property or services, a reasonable amount or in accordance with regulations prescribed by the Secretary. (5) Business use ratio For purposes of this section, the term business use ratio (b) Timing of Business Use Conversion Credit Arising Out of Ownership of Mixed Use Property A person entitled to a credit pursuant to subsection (a)(3) arising out of the ownership of mixed use property must account for the mixed use on a calendar year basis, and may file for the credit with respect to mixed use property in any month following the calendar year giving rise to the credit. (c) Cross Reference For business use conversion credit, see section 202. 706. Not-for-Profit organizations (a) Not-for-Profit Organizations Dues, contributions, and similar payments to qualified not-for-profit organizations shall not be considered gross payments for taxable property or services for purposes of this subtitle. (b) Definition For purposes of this section, the term qualified not-for-profit organization (1) for religious, charitable, scientific, testing for public safety, literary, or educational purposes; (2) as civic leagues or social welfare organizations; (3) as labor, agricultural, or horticultural organizations; (4) as chambers of commerce, business leagues, or trade associations; or (5) as fraternal beneficiary societies, orders, or associations; no part of the net earnings of which inures to the benefit of any private shareholder or individual. (c) Qualification Certificates Upon application in a form prescribed by the Secretary, the sales tax administering authority shall provide qualification certificates to qualified not-for-profit organizations. (d) Taxable Transactions If a qualified not-for-profit organization provides taxable property or services in connection with contributions, dues, or similar payments to the organization, then it shall be required to treat the provision of said taxable property or services as a purchase taxable pursuant to this subtitle at the fair market value of said taxable property or services. (e) Exemptions Taxable property and services purchased by a qualified not-for-profit organization shall be eligible for the exemptions provided in section 102. 8 Financial Intermediation Services Sec. 801. Determination of financial intermediation services amount. Sec. 802. Bad debts. Sec. 803. Timing of tax on financial intermediation services. Sec. 804. Financing leases. Sec. 805. Basic interest rate. Sec. 806. Foreign financial intermediation services. 801. Determination of financial intermediation services amount (a) Financial Intermediation Services For purposes of this subtitle— (1) In general The term financial intermediation services (A) explicitly charged fees for financial intermediation services, and (B) implicitly charged fees for financial intermediation services. (2) Explicitly charged fees for financial intermediation services The term explicitly charged fees for financial intermediation services (A) brokerage fees; (B) explicitly stated banking, loan origination, processing, documentation, credit check fees, or other similar fees; (C) safe-deposit box fees; (D) insurance premiums, to the extent such premiums are not allocable to the investment account of the underlying insurance policy; (E) trustees’ fees; and (F) other financial services fees (including mutual fund management, sales, and exit fees). (3) Implicitly charged fees for financial intermediation services (A) In general The term implicitly charged fees for financial intermediation services (B) Gross imputed amount For purposes of subparagraph (A), the term gross imputed amount (i) with respect to any underlying interest-bearing investment or account, the product of— (I) the excess (if any) of the basic interest rate (as defined in section 805) over the rate paid on such investment; and (II) the amount of the investment or account; and (ii) with respect to any underlying interest-bearing debt, the product of— (I) the excess (if any) of the rate paid on such debt over the basic interest rate (as defined in section 805); and (II) the amount of the debt. (b) Seller of Financial Intermediation Services For purposes of section 103(a), the seller of financial intermediation services shall be— (1) in the case of explicitly charged fees for financial intermediation services, the seller shall be the person who receives the gross payments for the charged financial intermediation services; (2) in the case of implicitly charged fees for financial intermediation services with respect to any underlying interest-bearing investment or account, the person making the interest payments on the interest-bearing investment or account; and (3) in the case of implicitly charged fees for financial intermediation services with respect to any interest-bearing debt, the person receiving the interest payments on the interest-bearing debt. 802. Bad debts (a) In General For purposes of section 205(a), a bad debt shall be a business debt that becomes wholly or partially worthless to the payee. (b) Business Loan For purposes of subsection (a), a business loan or debt is a bona fide loan or debt made for a business purpose that both parties intended be repaid. (c) Determination of Worthlessness (1) In general No loan or debt shall be considered wholly or partially worthless unless it has been in arrears for 180 days or more, except that if a debt is discharged wholly or partially in bankruptcy before 180 days has elapsed, then it shall be deemed wholly or partially worthless on the date of discharge. (2) Determination by holder A loan or debt that has been in arrears for 180 days or more may be deemed wholly or partially worthless by the holder unless a payment schedule has been entered into between the debtor and the lender. (d) Cross Reference See section 205(c) for tax on subsequent payments. 803. Timing of tax on financial intermediation services The tax on financial intermediation services provided by section 801 with respect to an underlying investment account or debt shall be imposed and collected with the same frequency that statements are rendered by the financial institution in connection with the investment account or debt but not less frequently than quarterly. 804. Financing leases (a) Definition For purposes of this section, the term financing lease (b) General Rule Financing leases shall be taxed in the method set forth in this section. (c) Determination of Principal and Interest Components of Financing Lease The Secretary shall promulgate rules for disaggregating the principal and interest components of a financing lease. The principal amount shall be determined to the extent possible by examination of the contemporaneous sales price or prices of property the same or similar as the leased property. (d) Alternative Method In the event that contemporaneous sales prices or property the same or similar as the leased property are not available, the principal and interest components of a financing lease shall be disaggregated using the applicable interest rate (as defined in section 511) plus 4 percent. (e) Principal Component The principal component of the financing lease shall be subject to tax as if a purchase in the amount of the principal component had been made on the day on which said lease was executed. (f) Interest Component The financial intermediation services amount with respect to the interest component of the financing lease shall be subject to tax under this subtitle. (g) Coordination If the principal component and financial intermediation services amount with respect to the interest component of a lease have been taxed pursuant to this section, then the gross lease or rental payments shall not be subject to additional tax. 805. Basic interest rate For purposes of this chapter, the basic interest rate with respect to a debt instrument, investment, financing lease, or account shall be the applicable interest rate (as determined in section 511). For debt instruments, investments, or accounts of contractually fixed interest, the applicable interest rate of the month of issuance shall apply. For debt instruments, investments, or accounts of variable interest rates and which have no reference interest rate, the applicable interest shall be the Federal short-term interest rate for each month. For debt instruments, investments, or accounts of variable interest rates and which have a reference interest rate, the applicable interest shall be the applicable interest rate for the reference interest rate for each month. 806. Foreign financial intermediation services (a) Special Rules Relating to International Financial Intermediation Services Financial intermediation services shall be deemed as used or consumed within the United States if the person (or any related party as defined in section 205(e)) purchasing the services is a resident of the United States. (b) Designation of Tax Representative Any person that provides financial intermediation services to United States residents must, as a condition of lawfully providing such services, designate, in a form prescribed by the Secretary, a tax representative for purposes of this subtitle. The tax representative shall be responsible for ensuring that the taxes imposed by this subtitle are collected and remitted and shall be jointly and severally liable for collecting and remitting these taxes. The Secretary may require reasonable bond of the tax representative. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section. (c) Cross References For definition of person, see section 901. 9 Additional matters Sec. 901. Additional matters. Sec. 902. Transition matters. Sec. 903. Wages to be reported to Social Security Administration. Sec. 904. Trust Fund revenue. Sec. 905. Withholding of tax on nonresident aliens and foreign corporations. 901. Additional matters (a) Intangible Property Antiavoidance Rule Notwithstanding section 2(a)(14)(a)(i), the sale of a copyright or trademark shall be treated as the sale of taxable services (within the meaning of section 101(a)) if the substance of the sales of copyright or trademark constituted the sale of the services that produced the copyrighted material or the trademark. (b) De Minimis Payments Up to $400 of gross payments per calendar year shall be exempt from the tax imposed by section 101 if— (1) made by a person not in connection with a trade or business at any time during such calendar year prior to making said gross payments, and (2) made to purchase any taxable property or service which is imported into the United States by such person for use or consumption by such person in the United States. (c) De Minimis Sales Up to $1,200 per calendar year of gross payments shall be exempt from the tax imposed by section 101 if received— (1) by a person not in connection with a trade or business during such calendar year prior to the receipt of said gross payments; and (2) in connection with a casual or isolated sale. (d) De Minimis Sale of Financial Intermediation Services Up to $10,000 per calendar year of gross payments received by a person from the sale of financial intermediation services (as determined in accordance with section 801) shall be exempt from the tax imposed by section 101. The exemption provided by this subsection is in addition to other exemptions afforded by this chapter. The exemption provided by this subsection shall not be available to large sellers (as defined in section 501(e)(3)). (e) Proxy Buying Taxable If a registered person provides taxable property or services to a person either as a gift, prize, reward, or as remuneration for employment, and such taxable property or services were not previously subject to tax pursuant to section 101, then the provision of such taxable property or services by the registered person shall be deemed the conversion of such taxable property or services to personal use subject to tax pursuant to section 103(c) at the tax inclusive fair market value of such taxable property or services. (f) Substance Over Form The substance of a transaction will prevail over its form if the transaction has no bona fide economic purpose and is designed to evade tax imposed by this subtitle. (g) Certain Employee Discounts Taxable (1) Employee discount For purposes of this subsection, the term employee discount (2) Employee discount amount For purposes of this subsection, the employee discount amount is the amount by which taxable property or services are sold pursuant to an employee discount below the amount for which such taxable property or services would have been sold to the general public. (3) Taxable amount If the employee discount amount exceeds 20 percent of the price that the taxable property or services would have been sold to the general public, then the sale of such taxable property or services by the employer shall be deemed the conversion of such taxable property or services to personal use and tax shall be imposed on the taxable employee discount amount. The taxable employee discount amount shall be— (A) the employee discount amount, minus (B) 20 percent of the amount for which said taxable property or services would have been sold to the general public. (h) Saturday, Sunday, or Legal Holiday When the last day prescribed for performing any act required by this subtitle falls on a Saturday, Sunday, or legal holiday (in the jurisdiction where the return is to be filed), the performance of such act shall be considered timely if it is performed on the next day which is not a Saturday, Sunday, or legal holiday (in the jurisdiction where the return is to be filed). 902. Transition matters (a) Inventory (1) Qualified inventory Inventory held by a trade or business on the close of business on December 31, 2014, shall be qualified inventory if it is sold— (A) before December 31, 2015; (B) by a registered person; and (C) subject to the tax imposed by section 101. (2) Costs For purposes of this section, qualified inventory shall have the cost that it had for Federal income tax purposes for the trade or business as of December 31, 2014 (including any amounts capitalized by reason of section 263A of the Internal Revenue Code of 1986 as in effect on December 31, 2014). (3) Transitional inventory credit The trade or business which held the qualified inventory on the close of business on December 31, 2014, shall be entitled to a transitional inventory credit equal to the cost of the qualified inventory (determined in accordance with paragraph (2)) times the rate of tax imposed by section 101. (4) Timing of credit The credit provided under paragraph (3) shall be allowed with respect to the month when the inventory is sold subject to the tax imposed by this subtitle. Said credit shall be reported as an intermediate and export sales credit and the person claiming said credit shall attach supporting schedules in the form that the Secretary may prescribe. (b) Work-in-Process For purposes of this section, inventory shall include work-in-process. (c) Qualified Inventory Held by Businesses Not Selling Said Qualified Inventory at Retail (1) In general Qualified inventory held by businesses that sells said qualified inventory not subject to tax pursuant to section 102(a) shall be eligible for the transitional inventory credit only if that business (or a business that has successor rights pursuant to paragraph (2)) receives certification in a form satisfactory to the Secretary that the qualified inventory was subsequently sold subject to the tax imposed by this subtitle. (2) Transitional inventory credit right may be sold The business entitled to the transitional inventory credit may sell the right to receive said transitional inventory credit to the purchaser of the qualified inventory that gave rise to the credit entitlement. Any purchaser of such qualified inventory (or property or services into which the qualified inventory has been incorporated) may sell the right to said transitional inventory credit to a subsequent purchaser of said qualified inventory (or property or services into which the qualified inventory has been incorporated). 903. Wages to be reported to Social Security Administration (a) In General Employers shall submit such information to the Social Security Administration as is required by the Social Security Administration to calculate Social Security benefits under title II of the Social Security Act (b) Wages For purposes of this section, the term wages (1) any insurance benefits received (including death benefits); (2) pension or annuity benefits received; (3) tips received by an employee over $5,000 per year; and (4) benefits received under a government entitlement program (including Social Security benefits and unemployment compensation benefits). (c) Self-Employment Income For purposes of subsection (b), the term self-employment income (1) gross payments made for taxable property or services (without regard to whether tax was paid pursuant to section 101 on such taxable property or services), and (2) wages paid by the self-employed person to employees of the self-employed person. 904. Trust Fund revenue (a) Secretary To Make Allocation of Sales Tax Revenue The Secretary shall allocate the revenue received by virtue of the tax imposed by section 101 in accordance with this section. The revenue shall be allocated among— (1) the general revenue, (2) the old-age and survivors insurance trust fund, (3) the disability insurance trust fund, (4) the hospital insurance trust fund, and (5) the Federal supplementary medical insurance trust fund. (b) General Rule (1) General revenue The proportion of total revenue allocated to the general revenue shall be the same proportion as the rate in section 101(b)(4) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). (2) The amount of revenue allocated to the old-age and survivors insurance and disability insurance trust funds shall be the same proportion as the old-age, survivors and disability insurance rate (as defined in subsection (d)) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). (3) The amount of revenue allocated to the hospital insurance and Federal supplementary medical insurance trust funds shall be the same proportion as the hospital insurance rate (as defined in subsection (e)) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). (c) Calendar Year 2015 Notwithstanding subsection (b), the revenue allocation pursuant to subsection (a) for calendar year 2015 shall be as follows: (1) 64.83 percent of total revenue to general revenue; (2) 27.43 percent of total revenue to the old-age and survivors insurance and disability insurance trust funds, and (3) 7.74 percent of total revenue to the hospital insurance and Federal supplementary medical insurance trust funds. (d) Old-Age, Survivors and Disability Insurance Rate The old-age, survivors and disability insurance rate shall be determined by the Social Security Administration. The old-age, survivors and disability insurance rate shall be that sales tax rate which is necessary to raise the same amount of revenue that would have been raised by imposing a 12.4 percent tax on the Social Security wage base (including self-employment income) as determined in accordance with chapter 21 (e) Hospital Insurance Rate The hospital insurance rate shall be determined by the Social Security Administration. The hospital insurance rate shall be that sales tax rate which is necessary to raise the same amount of revenue that would have been raised by imposing a 2.9 percent tax on the Medicare wage base (including self-employment income) as determined in accordance with chapter 21 of the Internal Revenue Code of 1986 most recently in effect prior to the enactment of this Act. The rate shall be determined using actuarially sound methodology and announced at least 6 months prior to the beginning of the calendar year for which it applies. (f) Assistance The Secretary shall provide such technical assistance as the Social Security Administration shall require to determine the old-age, survivors and disability insurance rate and the hospital insurance rate. (g) Further Allocations (1) Old-age, survivors and disability insurance The Secretary shall allocate revenue received because of the old-age, survivors and disability insurance rate to the old-age and survivors insurance trust fund and the disability insurance trust fund in accordance with law or, in the absence of other statutory provision, in the same proportion that the old-age and survivors insurance trust fund receipts bore to the sum of the old-age and survivors insurance trust fund receipts and the disability insurance trust fund receipts in calendar year 2014 (taking into account only receipts pursuant to chapter 21 of the Internal Revenue Code of 1986). (2) Hospital insurance The Secretary shall allocate revenue received because of the hospital insurance rate to the hospital insurance trust fund and the Federal supplementary medical insurance trust fund in accordance with law or, in the absence of other statutory provision, in the same proportion that hospital insurance trust fund receipts bore to the sum of the hospital insurance trust fund receipts and Federal supplementary medical insurance trust fund receipts in calendar year 2014 (taking into account only receipts pursuant to chapter 21 905. Withholding of tax on nonresident aliens and foreign corporations (a) In General All persons, in whatever capacity acting (including lessees or mortgagors or real or personal property, fiduciaries, employers, and all officers and employees of the United States) having control, receipt, custody, disposal, or payment of any income to the extent such income constitutes gross income from sources within the United States of any nonresident alien individual, foreign partnership, or foreign corporation shall deduct and withhold from that income a tax equal to 23 percent thereof. (b) Exception No tax shall be required to be deducted from interest on portfolio debt investments. (c) Treaty Countries In the case of payments to nonresident alien individuals, foreign partnerships, or foreign corporations that have a residence in (or the nationality of a country) that has entered into a tax treaty with the United States, then the rate of withholding tax prescribed by the treaty shall govern. . 202. Conforming and technical amendments (a) Repeals The following provisions of the Internal Revenue Code of 1986 are repealed: (1) Subchapter A of chapter 61 of subtitle D (as redesignated by section 104) (relating to information and returns). (2) Sections 6103 through 6116 of subchapter B of chapter 61 of subtitle D (as so redesignated). (3) Section 6157 (relating to unemployment taxes). (4) Section 6163 (relating to estate taxes). (5) Section 6164 (relating to corporate taxes). (6) Section 6166 (relating to estate taxes). (7) Section 6167 (relating to foreign expropriation losses). (8) Sections 6201, 6205 and 6207 (relating to assessments). (9) Subchapter C of chapter 63 of subtitle D (as so redesignated) (relating to tax treatment of partnership items). (10) Section 6305 (relating to collections of certain liabilities). (11) Sections 6314, 6315, 6316, and 6317 (relating to payments of repealed taxes). (12) Sections 6324, 6324A and 6324B (relating to liens for estate and gift taxes). (13) Section 6344 (relating to cross references). (14) Section 6411 (relating to carrybacks). (15) Section 6413 (relating to employment taxes). (16) Section 6414 (relating to withheld income taxes). (17) Section 6422 (relating to cross references). (18) Section 6425 (relating to overpayment of corporate estimated taxes). (19) Section 6428 (relating to 2008 recovery rebates for individuals). (20) Section 6429 (relating to advance payment of portion of increased child credit for 2003). (21) Section 6431 (relating to credit for qualified bonds allowed to issuer). (22) Section 6432 (relating to COBRA premium assistance). (23) Section 6504 (relating to cross references). (24) Section 6652 (relating to failure to file certain information returns). (25) Sections 6654 and 6655 (relating to failure to payment estimated income tax). (26) Section 6662 (relating to penalties). (27) Section 6662A (relating to imposition of accuracy-related penalty on understatements with respect to reportable transactions). (28) Sections 6677 through 6711, 6716, and 6720B (relating to income tax related penalties). (29) Part II of subchapter B of chapter 68 (relating to certain information returns). (30) Part I of subchapter A of chapter 70 (relating to termination of taxable year). (31) Section 6864 (relating to certain carrybacks). (32) Section 7103 (relating to cross references). (33) Section 7204 (relating to withholding statements). (34) Section 7211 (relating certain statements). (35) Section 7231 (relating to failure to obtain certain licenses). (36) Section 7270 (relating to insurance policies). (37) Section 7404 (relating to estate taxes). (38) Section 7404 (relating to income tax preparers). (39) Section 7408 (relating to income tax shelters). (40) Section 7409 (relating to 501(c)(3) organizations). (41) Section 7427 (relating to income tax preparers). (42) Section 7428 (relating to 501(c)(3) organizations). (43) Section 7476 (relating to declaratory judgments relating to retirement plans). (44) Section 7477 (relating to declaratory judgments relating to value of certain gifts). (45) Section 7478 (relating to declaratory judgments relating to status of certain governmental obligations). (46) Section 7479 (relating to declaratory judgments relating to eligibility of estate with respect to installment payments under section 6166). (47) Section 7508 (relating to postponing time for certain actions required by the income, estate, and gift tax). (48) Section 7509 (relating to Postal Service payroll taxes). (49) Section 7512 (relating to payroll taxes). (50) Section 7517 (relating to estate and gift tax evaluation). (51) Section 7518 (relating to Merchant Marine tax incentives). (52) Section 7519 (relating to taxable years). (53) Section 7520 (relating to insurance and annuity valuation tables). (54) Section 7523 (relating to reporting Federal income and outlays on Form 1040s). (55) Section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals). (56) Section 7611 (relating to church income tax exemptions and church unrelated business income tax inquiries). (57) Section 7654 (relating to possessions’ income taxes). (58) Section 7655 (relating to cross references). (59) Section 7701(a)(16). (60) Section 7701(a)(19). (61) Section 7701(a)(20). (62) Paragraphs (32) through (38) of section 7701(a). (63) Paragraphs (41) through (47) of section 7701(a). (64) Section 7701(b). (65) Subsections (e) through (m) of section 7701. (66) Section 7702 (relating to life insurance contracts). (67) Section 7702A (relating to modified endowment contracts). (68) Section 7702B (relating to long-term care insurance). (69) Section 7703 (relating to the determination of marital status). (70) Section 7704 (relating to publicly traded partnerships). (71) Section 7805 (relating to rules and regulations). (72) Section 7851 (relating to applicability of revenue laws). (73) Section 7872 (relating to treatment of loans with below-market interest rates). (74) Section 7873 (relating to Federal tax treatment of income derived by Indians from exercise of fishing rights secured by treaty, etc.). (75) Section 7874 (relating to rules relating to expatriated entities and their foreign parents). (b) Other Conforming and Technical Amendments (1) Section 6151 is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (2) Section 6161 is amended to read as follows: 6161. Extension of time for paying tax The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown or required to be shown on any return, report, or declaration required under authority of this title for a reasonable period not to exceed 6 months (12 months in the case of a taxpayer who is abroad). . (3) Section 6211(a) is amended— (A) by striking income, estate and gift taxes imposed by subtitles A and B and (B) by striking subtitle A or B, or (C) by striking , as defined in subsection (b)(2), (4) Section 6211(b) is amended to read as follows: (b) Rebate Defined For purposes of subsection (a)(2), the term rebate . (5) Section 6212(b) is amended to read as follows: (b) Address for Notice of Deficiency In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by chapter 42, 43, or 44 if mailed to the taxpayer at his last known address, shall be sufficient for purposes of such chapter and this chapter even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation has terminated its existence. . (6) Section 6302(b) is amended by striking 21, (7) Section 6302 is amended by striking subsections (g) and (i) and by redesignating subsection (h) as subsection (g). (8) Section 6325 is amended by striking subsection (c) and by redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (9) Section 6402(d) is amended by striking paragraph (3). (10) Section 6402 is amended by striking subsection (k) and by redesignating subsection (l) as subsection (k). (11) Section 6501(b) is amended— (A) by striking except tax imposed by chapter 3, 21, or 24, (B) by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (12) Section 6501(c) is amended by striking paragraphs (5) through (11). (13) Section 6501(e) is amended by striking subsection (c)— subtitle D subsection (c), in the case of a return of a tax imposed under a provision of subtitle B (14) Section 6501 is amended by striking subsection (f) through (k) and subsections (m) and (n) and by redesignating subsection (1) as subsection (f). (15) Section 6503(a) is amended— (A) by striking paragraph (2), (B) by striking Deficiency The running Deficiency (C) by striking income, estate, gift and (16) Section 6503 is amended by striking subsections (e), (f), (i), and (k) and by redesignating subsections (g), (h), and (j) as subsections (e), (f), and (g), respectively. (17) Section 6511 is amended by striking subsections (d), (g), and (i) and by redesignating subsections (f) and (h) as subsections (d) and (e), respectively. (18) Section 6512(b)(1) is amended by striking of income tax for the same taxable year, of gift tax for the same calendar year or calendar quarter, of estate tax in respect of the taxable estate of the same decedent or (19) Section 6513 is amended— (A) by striking (a) Early Return or Advance Payment of Tax (B) by striking subsections (b) and (e). (20) Chapter 67 is amended by striking subchapters A through D and inserting the following: 6601. Interest on overpayments and underpayment (a) Underpayments If any amount of tax imposed by this title is not paid on or before the last date prescribed for payment, interest on such amount at the Federal short-term rate (as defined in section 511(b)) shall be paid from such last date to the date paid. (b) Overpayments Interest shall be allowed and paid upon any overpayment in respect of any internal revenue tax at the Federal short-term rate (as defined in section 511(b)) from 60 days after the date of the overpayment until the date the overpayment is refunded. . (21) Section 6651(a)(1) is amended by striking subchapter A of chapter 61 (other than part III thereof, (22) Section 6656 is amended by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (23) Section 6663 is amended by striking subsection (c). (24) Section 6664(c) is amended— (A) by striking Exception.— No penalty Exception.—No penalty, (B) by striking paragraphs (2), (3), and (4). (25) Chapter 72 is amended by striking all matter preceding section 7011. (26) Section 7422 is amended by striking subsections (h) and (i) and by redesignating subsections (j) and (k) as subsections (h) and (i), respectively. (27) Section 7451 is amended to read as follows: 7451. Fee for filing petition The Tax Court is authorized to impose a fee in an amount not in excess of $60 to be fixed by the Tax Court for the filing of any petition for the redetermination of a deficiency. . (28) Section 7454 is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (29) Section 7463(a) is amended— (A) by striking paragraphs (2) and (3), (B) by redesignating paragraph (4) as paragraph (2), and (C) by striking D B (30) Section 7463(c) is amended by striking sections 6214(a) and section (31) Section 7463(c) is amended by striking , to the extent that the procedures described in subchapter B of chapter 63 apply (32) Section 7481 is amended by striking subsection (d). (33) Section 7608 is amended by striking subtitle E subtitle C (34) Section 7651 is amended by striking paragraph (4). (35) Section 7701(a)(29) is amended by striking 1986 2013 (36) Section 7809(c) is amended by striking paragraphs (1) and (4) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (37) Section 7871(a) is amended by striking paragraphs (1) and (3) through (6) and by redesignating paragraphs (2) and (7) as paragraphs (1) and (2), respectively. (38) Section 7871 is amended by striking subsections (c) and (f) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (39) Section 8021 is amended by striking subsection (a) and by redesignating subsections (b) through (f) as subsections (a) through (e), respectively. (40) Section 8022(a)(2)(A) is amended by striking , particularly the income tax (41) Section 8023 is amended by striking Internal Revenue Service Department of the Treasury (42) Section 9501(b)(2) is amended by striking subparagraph (C). (43) Section 9702(a) is amended by striking paragraph (4). (44) Section 9705(a) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (45) Section 9706(d)(2)(A) is amended by striking 6103 605(e) (46) Section 9707 is amended by striking subsection (f). (47) Section 9712(d) is amended by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5). (48) Section 9803(a) is amended by striking (as defined in section 414(f)) III Other Matters 301. Phase-out of administration of repealed Federal taxes (a) Appropriations Appropriations for any expenses of the Internal Revenue Service including processing tax returns for years prior to the repeal of the taxes repealed by title I of this Act, revenue accounting, management, transfer of payroll and wage data to the Social Security Administration for years after fiscal year 2017 shall not be authorized. (b) Records Federal records related to the administration of taxes repealed by title I of this Act shall be destroyed by the end of fiscal year 2017, except that any records necessary to calculate Social Security benefits shall be retained by the Social Security Administration and any records necessary to support ongoing litigation with respect to taxes owed or refunds due shall be retained until final disposition of such litigation. (c) Conforming Amendments (1) Subchapter A of chapter 80 is amended by striking sections 7802 and 7804. (2) Section 7803 is amended— (A) by striking subsections (a) and (b) and by redesignating subsections (c) and (d) as subsections (a) and (b), (B) by striking Internal Revenue Service Department of the Treasury (C) by striking Commissioner Commissioner of Internal Revenue Secretary (d) Effective Date The amendments made by subsection (c) shall take effect on January 1, 2017. 302. Administration of other Federal taxes Section 7801 (relating to the authority of the Department of the Treasury) is amended by adding at the end the following: (d) Excise Tax Bureau There shall be in the Department of the Treasury an Excise Tax Bureau to administer those excise taxes not administered by the Bureau of Alcohol, Tobacco and Firearms. (e) Sales Tax Bureau There shall be in the Department of the Treasury a Sales Tax Bureau to administer the national sales tax in those States where it is required pursuant to section 404, and to discharge other Federal duties and powers relating to the national sales tax (including those required by sections 402, 403, and 405). The Office of Revenue Allocation shall be within the Sales Tax Bureau. . 303. Sales tax inclusive Social Security benefits indexation Subparagraph (D) of section 215(i)(1) of the Social Security Act (D) (i) the term CPI increase percentage (ii) if the Consumer Price Index (as so prepared) does not include the national sales tax paid, then the term CPI increase percentage (I) the Consumer Price Index for that quarter (as so prepared), and (II) the national sales tax factor, exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost of living computation quarter under subparagraph (B); and (iii) the national sales tax factor is equal to 1 plus the quotient that is— (I) the sales tax rate imposed by section 101 of the Internal Revenue Code of 2013, divided by (II) the quantity that is 1 minus such sales tax rate. . IV Sunset of Sales Tax if Sixteenth Amendment not Repealed 401. Elimination of sales tax if Sixteenth Amendment not repealed If the Sixteenth Amendment to the Constitution of the United States is not repealed before the end of the 7-year period beginning on the date of the enactment of this Act, then all provisions of, and amendments made by, this Act shall not apply to any use or consumption in any year beginning after December 31 of the calendar year in which or with which such period ends, except that the Sales Tax Bureau of the Department of the Treasury shall not be terminated until 6 months after such December 31. | Fair Tax Act of 2013 |
Preserving Rehabilitation Innovation Centers Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to study whether there should be an increase in the prospective payment rate for inpatient rehabilitation services that would otherwise be made to a rehabilitation innovation center to cover additional costs incurred in: (1) furnishing items and services to individuals conducting research, and (2) providing medical training. Requires the study also to specify the amount of such an increase if the Secretary determines that it is recommended. | 113 S1220 IS: Preserving Rehabilitation Innovation Centers Act of 2013 U.S. Senate 2013-06-25 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. 1220 IN THE SENATE OF THE UNITED STATES June 25, 2013 Mr. Kirk Mr. Durbin Committee on Finance A BILL To amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program. 1. Short title This Act may be cited as the Preserving Rehabilitation Innovation Centers Act of 2013 2. Finding Congress makes the following findings: (1) In the United States, there are an estimated 1,181 inpatient rehabilitation facilities. Among these facilities is a small group of rehabilitation institutions that are important for the future of rehabilitation care and medicine, as well as to patient recovery. (2) This unique category of inpatient rehabilitation institutions treat the most complex conditions, such as traumatic brain injury, stroke, spinal cord injury, childhood disease, burns, and wartime injuries. (3) These leading inpatient rehabilitation institutions are all not-for-profit or Government-owned institutions and serve a high volume of Medicare or Medicaid beneficiaries. (4) Each member of this small group of inpatient rehabilitation institutions has been recognized by the Federal Government for its contributions to cutting-edge research to develop solutions that enhance quality of care, improve patient outcomes, and reduce health care costs. (5) This cohort of inpatient rehabilitation institutions helps to improve the practice and standard of rehabilitation medicine across the Nation by training physicians, medical students, and other clinicians. (6) It is vital that these unique inpatient rehabilitation institutions are supported so they can continue to lead the Nation’s efforts to— (A) advance integrated, multidisciplinary rehabilitation research; (B) provide cutting-edge medical care to the most complex rehabilitation patients; (C) serve as education and training facilities for the physicians, nurses, and other health professionals who serve rehabilitation patients; and (D) ensure Medicare and Medicaid beneficiaries receive state-of-the-art, high-quality rehabilitation care. 3. Indirect costs payment for rehabilitation innovation centers Section 1886(j) of the Social Security Act ( 42 U.S.C. 1395ww(j) (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: (8) Indirect costs payment for rehabilitation innovation centers (A) Study relating to additional payments to rehabilitation innovation centers to account for higher costs; authority to increase payments (i) Study Not later than July 1, 2015, the Secretary shall conduct a study to determine whether there should be an increase in the prospective payment rate that would otherwise be made to a rehabilitation innovation center under this subsection for purposes of covering the additional costs that are incurred by such centers in furnishing items and services to individuals under this title, conducting research, and providing medical training, and if the Secretary determines that such an increase is recommended, the amount of such increase that is needed to cover such additional costs. (ii) Authority to increase payments Insofar as the Secretary determines under clause (i) that there should be an increase in the prospective payment rate to rehabilitation innovation centers, the Secretary may provide on a prospective basis for an appropriate percentage increase in such rate. (B) Rehabilitation innovation center defined (i) In general Subject to clause (iv), in this paragraph, the term rehabilitation innovation center (ii) Not-for-profit A rehabilitation facility described in this clause is a facility that— (I) is classified as a not-for-profit entity under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; (II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers or the Rehabilitation Engineering Research Center at the National Institute on Disability and Rehabilitation Research at the Department of Education; (III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and (IV) has at least 300 Medicare discharges per year or at least 200 Medicaid discharges per year. (iii) Government-owned A rehabilitation facility described in this clause is a facility that— (I) is classified as a Government-owned institution under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; (II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability and Rehabilitation Research at the Department of Education; (III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and (IV) has a disproportionate share hospital (DSH) percentage of at least 0.6300 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256). (iv) Authority The Secretary may consider applications from inpatient rehabilitation facilities that are not described in clause (ii) or (iii) as of the date of the enactment of this paragraph but who are subsequently so described. . | Preserving Rehabilitation Innovation Centers Act of 2013 |
Amends the Internal Revenue Code to rename the section heading of Internal Revenue Code provisions relating to the individual retirement accounts (IRAs) of married individuals as the Kay Bailey Hutchison Spousal IRA. | 113 S1921 IS: Taxpayer Transparency Act of 2013 U.S. Senate 2014-01-14 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 113th CONGRESS 2d Session S. 1921 IN THE SENATE OF THE UNITED STATES January 14, 2014 Mr. Blunt Mr. Coburn Mr. Rubio Committee on Homeland Security and Governmental Affairs A BILL To require a Federal agency to include language in certain educational and advertising materials indicating that such materials are produced and disseminated at taxpayer expense. 1. Short title This Act may be cited as the Taxpayer Transparency Act of 2013 2. Requirements for Printed Materials and Advertisements by Federal Agencies (a) Identification of funding sources Each communication funded by a Federal agency for advertising or educational purposes shall clearly state— (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, the Internet, or any means other than the means referred to in paragraph (1), that the communication is produced and disseminated at taxpayer expense. (b) Additional requirements (1) Printed communication Any printed communication described under subsection (a)(1) shall— (A) be of sufficient type size to be clearly readable by the recipient of the communication; (B) be contained in a printed box set apart from the other contents of the communication; and (C) be printed with a reasonable degree of color contrast between the background and the printed statement. (2) Radio, television, and Internet communication (A) Audio communication Any audio communication described under subsection (a)(2) shall include an audio statement in a clearly spoken manner indicating that the communication is produced and disseminated at taxpayer expense. (B) Video communication Any video communication described under subsection (a)(2) shall include a statement indicating that the communication is produced and disseminated at taxpayer expense. Such statement— (i) shall be conveyed in a clearly spoken manner; (ii) shall be conveyed by a voice-over or screen view of the person making the statement; and (iii) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of not less than 4 seconds. (C) E-mail communication Any e-mail communication described under subsection (a)(2) shall— (i) be of sufficient type size to be clearly readable by the recipient of the communication; (ii) be set apart from the other contents of the communication; and (iii) be displayed with a reasonable degree of color contrast between the background and the printed statement. (c) Exceptions Subsections (a) and (b) do not apply to— (1) information in or relating to a solicitation for— (A) offers for a Federal contract; or (B) applications or submissions of a bid or proposal for a Federal grant or other means of funding under a Federal program; and (2) advertisements for employment opportunities, not including advertising materials developed for use for recruitment and retention of personnel for the Armed Forces. (d) Definitions In this Act: (1) Federal agency The term Federal agency Executive agency section 133 (2) Mass mailing The term mass mailing (A) means any mailing or distribution of 499 or more newsletters, pamphlets, or other printed matter with substantially identical content, whether such matter is deposited singly or in bulk, or at the same time or different times; and (B) does not include any mailing— (i) in direct response to a communication from a person to whom the matter is mailed; or (ii) of a news release to the communications media. (e) Source of Funds The funds used by a Federal agency to carry out this Act shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. | Taxpayer Transparency Act of 2013 |
Rural Education Achievement Program Reauthorization Act of 2013 - Amends part B (Rural Education Initiative) of title VI of the Elementary and Secondary Education Act of 1965 to revise the Small, Rural School Achievement program, which gives rural local educational agencies (LEAs) federal formula grants and greater flexibility in the use of state educational funds. Limits eligibility to LEAs whose schools are all designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, unless located in an area the state defines as rural. Raises federal grant limits when funds available to implement the program equal or exceed $100 million. Alters LEA eligibility for federal funds under the Rural and Low-Income School program by requiring that: (1) at least 40% of the children ages 5 through 17 that LEAs serve be eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (2) all of their schools be designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural. | 113 S1222 IS: Rural Education Achievement Program Reauthorization Act of 2013 U.S. Senate 2013-06-25 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. 1222 IN THE SENATE OF THE UNITED STATES June 25, 2013 Ms. Collins Mr. Baucus Committee on Health, Education, Labor, and Pensions A BILL To amend the small, rural school achievement program and the rural and low-income school program under part B of title VI of the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Rural Education Achievement Program Reauthorization Act of 2013 2. Small, rural school achievement program Sections 6211 and 6212 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345 6211. Use of applicable funding (a) Alternative uses (1) In general Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions: (A) Part A of title I. (B) Part A or D of title II. (C) Title III. (D) Part A or B of title IV. (E) Part A of title V. (2) Notification An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification. (b) Eligibility (1) In general A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if— (A) (i) (I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) all of the schools served by the local educational agency are designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary; or (B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). (2) Certification The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. (c) Applicable funding defined In this section, the term applicable funding (1) Subpart 2 and section 2412(a)(2)(A) of title II. (2) Section 4114. (3) Part A of title V. (d) Disbursement Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. (e) Applicable rules Applicable funding under this section shall be available to carry out local activities authorized under subsection (a). 6212. Grant program authorized (a) In general The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: (1) Part A of title I. (2) Part A or D of title II. (3) Title III. (4) Part A or B of title IV. (5) Part A of title V. (b) Allocation (1) In general Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. (2) Determination of initial amount (A) In general The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Special rule For any fiscal year for which the amount made available to carry out this part is $100,000,000 or more, subparagraph (A) shall be applied— (i) by substituting $25,000 $20,000 (ii) by substituting $80,000 $60,000 (3) Ratable adjustment (A) In general If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. (B) Additional amounts If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. (c) Disbursement The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. (d) Special eligibility rule A local educational agency that receives a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2. . 3. Rural and low-income school program Section 6221 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351 6221. Program authorized (a) Grants to States (1) In general From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 6223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 6222(a). (2) Allotment From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. (3) Specially qualified agencies (A) Eligibility and application If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 6223 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart. (B) Direct awards The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of the application. (C) Specially qualified agency defined In this subpart, the term specially qualified agency (b) Local awards (1) Eligibility A local educational agency shall be eligible to receive a grant under this subpart if— (A) 40 percent or more of the children ages 5 through 17 years served by the local educational agency are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (B) all of the schools served by the agency are designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary. (2) Award basis A State educational agency shall award grants to eligible local educational agencies— (A) on a competitive basis; (B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or (C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B). (c) Reservations From amounts appropriated under section 6234 for this subpart for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Affairs, to carry out the activities authorized under this subpart; and (2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart. (d) Special eligibility rule A local educational agency that is eligible to receive a grant under this subpart and is also eligible to receive a grant under subpart 1, may receive a grant under this subpart for a fiscal year only if the local educational agency does not receive a grant under subpart 1 for such fiscal year. . | Rural Education Achievement Program Reauthorization Act of 2013 |
Cavernous Angioma Research Resource Act of 2013 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and intensify NIH programs regarding research and related activities concerning cavernous angioma. Authorizes grants and cooperative agreements to public or nonprofit private entities for such activities. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on cavernous angioma; (2) identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma; and (3) identify and support the development of clinical and research participation centers with the potential to participate in such a trial. Requires coordinating and participation centers to expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. Authorizes the Director to provide for the participation of NIH agencies in a consortium (to include at least one patient advocacy organization) to facilitate the exchange of information and increase the efficiency and effectiveness of the research effort. Authorizes the Secretary of Health and Human Services (HHS) to award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for: (1) the collection, analysis, and reporting of data on cavernous angioma; and (2) epidemiological activities, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. Requires establishment of a national surveillance program as part of such activities. Requires the Commissioner of Food and Drugs (FDA) to: (1) work with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under the Federal Food, Drug, and Cosmetic Act in order to hasten the pace of clinical trials for cavernous angioma; and (2) where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, support appropriate requests for designations of orphan drugs. | 113 S1223 IS: Cavernous Angioma Research Resource 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. 1223 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Udall of New Mexico Mr. Heinrich Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to translational research and related activities concerning cavernous angioma, and for other purposes. 1. Short title This Act may be cited as the Cavernous Angioma Research Resource Act of 2013 2. Findings Congress makes the following findings: (1) Cavernous angioma, also termed cerebral cavernous malformations CCM (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved through costly and specialized medical imaging techniques. These techniques are often not readily available where patients live, and require sedation for children and disabled adults. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. In the genetic forms, they may not be aware that it may be passed on to their children. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery. No alternative treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the common Hispanic mutation (10) Other States with high rates of cavernous angioma due to the common Hispanic Mutation include Texas, Arizona, and Colorado. (11) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need to identify institutions capable of running clinical trial for this debilitating brain disorder. 3. Cavernous angioma research activities Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. 409K. Cavernous angioma research activities (a) Expansion, Intensification, and Coordination of Activities The Director of NIH, acting through the director of the National Institute of Neurological Disorders and Stroke, shall expand and intensify programs of the National Institutes of Health or may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for research and related activities concerning cavernous angioma. (b) Activities In expanding and intensifying programs under subsection (a), the Director of NIH may carry out the following: (1) Basic, translational, and clinical research Conduct or financially support basic, clinical, and translational research on cavernous angioma, including research on the following: (A) Proteomic, pharmacological, and cell biological analysis of the cerebral cavernous malformations (referred to in this section as the CCM (B) Continued development and expansion of novel animal models for cavernous angioma preclinical research. (C) Early detection, diagnosis, and treatment of cavernous angioma. (D) Biological mechanisms for lesion genesis, development, and maturation. (E) Biological mechanisms for lesion bleeding and symptomology. (F) Novel biomedical and pharmacological interventions designed to prohibit new lesion development, lesion growth, and lesion bleeding. (G) Contributions of genetic variation to clinical presentation as targets for therapy. (H) Identification and development of biomarkers to measure phenotypic variation. (I) Research related to improving the quality of life for individuals with cavernous angioma and their families. (J) Clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out these research directions. (2) Facilitation of research resources; clinical trial preparedness (A) Coordination Identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma. Such coordinating center shall provide a model for additional trial sites, facilitate medical research to develop a cure for cavernous angioma, and enhance the medical care of individuals with cavernous angioma nationwide. Such coordinating center shall— (i) have an institutional infrastructure that is capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (ii) have the capacity to maintain programs dedicated to patient education, patient outreach, and awareness, including— (I) launching a national multimedia public awareness campaign; (II) creating and distributing patient education materials for distribution by national physician and surgeon offices; (III) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma in areas of high cavernous angioma population density; (IV) coordinating regular patient and family-oriented educational conferences; and (V) developing nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; (iii) have the capacity to establish and maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; (iv) have demonstrated clinical expertise in cavernous angioma management; (v) have a sufficient number of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers; and (vi) have a telehealth infrastructure to support and to provide clinical consultation for remote and underserved communities. (B) Participation Identify and support the development of clinical and research participation centers with the potential to participate in a multi-site clinical drug trial for cavernous angioma. Such participation centers may facilitate medical research to develop a cure for cavernous angioma and enhance the medical care of individuals with cavernous angioma in partnership with the coordinating center under subparagraph (A) and other national and international centers. Such participation centers shall— (i) have an institutional infrastructure capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (ii) have the capacity to maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; (iii) have demonstrated clinical expertise in cavernous angioma management; and (iv) have a sufficient numbers of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers as these unique populations may provide insight to other genetic and non-genetic forms of the illness. (c) Training program for clinicians and scientists (1) In general Eligible coordinating and participation centers under this section shall establish or expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. (2) Research resources In carrying out this subsection, the Director of NIH may— (A) use information collected by the National Institutes of Health pursuant to other provisions of law or prior to the date of the enactment of this section; (B) take into consideration the availability of other research resources; (C) encourage the use of research resources for research on, and development of, therapies and treatments for individuals with cavernous angioma; and (D) encourage the inclusion of individuals with cavernous angioma in clinical trials conducted or supported by the National Institutes of Health. (3) Cavernous angioma consortium The Director of NIH may provide for the participation of agencies of the National Institutes of Health in a consortium to facilitate the exchange of information and to make the research effort on cavernous angioma more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Such consortium shall include at least one national cavernous angioma patient advocacy organization and may be the same consortium receiving a grant or contract under subsection (b)(2)(A). . 4. Centers for Disease Control and Prevention cavernous angioma surveillance and research programs Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. 317U. Cavernous angioma surveillance and research programs (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the collection, analysis, and reporting of data on cavernous angioma. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. (b) National Cavernous Angioma Epidemiology Program (1) Grants The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the purpose of carrying out epidemiological activities regarding cavernous angioma, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility (including costs and benefits) of specific practice patterns. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. (2) National surveillance program In carrying out subsection (a), the Secretary shall— (A) provide for a national surveillance program; and (B) where possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K. . 5. Food and Drug Administration cavernous angioma clinical trial preparedness and support program (a) Investigational new drug application The Commissioner of Food and Drugs shall work with clinical centers, investigators, and advocates to support appropriate investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act in an effort to hasten the pace of clinical trials for cavernous angioma. (b) Orphan product development Where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, the Commissioner of Food and Drugs shall support appropriate requests for designations of drugs as orphan drugs under section 526 of the Federal Food, Drug, and Cosmetic Act. 6. Report to congress Not later than January 1, 2015, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this Act and the amendments made by this Act. | Cavernous Angioma Research Resource Act of 2013 |
Civil Justice Tax Fairness Act of 2013 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (whether by judgment or settlement, as lump sums or periodic payments) on account of a claim of unlawful discrimination; (2) income averaging for backpay and frontpay amounts received from such claims; and (3) an exemption from the alternative minimum tax (AMT) for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim. | 113 S1224 IS: Civil Justice 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. 1224 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Cardin Ms. Collins Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes. 1. Short title This Act may be cited as the Civil Justice Tax Fairness Act of 2013 2. Exclusion from gross income for amounts received on account of certain unlawful discrimination (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 140 the following new section: 139E. Amounts received on account of certain unlawful discrimination (a) In general (1) Exclusion Gross income does not include amounts received by a claimant (whether by judgment or settlement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. (2) Amounts covered For purposes of paragraph (1), the term amounts (A) backpay or frontpay, as defined in section 1302(b), or (B) punitive damages. (b) Unlawful discrimination defined For purposes of this section, the term unlawful discrimination . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 Sec. 139E. Amounts received on account of certain unlawful discrimination. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. 3. Limitation on tax based on income averaging for backpay and frontpay received on account of certain unlawful employment discrimination (a) In general Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination (a) General rule If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of— (1) the tax which would be so imposed if— (A) no amount of such backpay or frontpay were included in gross income for such year, and (B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus (2) the product of— (A) the number of years in the backpay period and frontpay period, and (B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. (b) Definitions For purposes of this section— (1) Employment discrimination backpay or frontpay The term employment discrimination backpay or frontpay (2) Unlawful employment discrimination The term unlawful employment discrimination unlawful discrimination (3) Backpay and frontpay The terms backpay frontpay (A) which are includible in gross income in the taxable year as compensation which is attributable— (i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer’s employer, former employer, or prospective employer, and (ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year, and (B) which are received on account of a judgment or settlement resulting from a claim for a violation of law. (4) Backpay period The term backpay period (5) Frontpay period The term frontpay period (6) Average annual net backpay and frontpay amount The term average annual net backpay and frontpay amount (A) the excess of— (i) employment discrimination backpay and frontpay, over (ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by (B) the number of years in the backpay period and frontpay period. . (b) Clerical amendment The table of sections for part I of subchapter Q of chapter 1 Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. 4. Income averaging for backpay and frontpay received on account of certain unlawful employment discrimination not to increase alternative minimum tax liability (a) In general Section 55(c) (3) Coordination with income averaging for amounts received on account of employment discrimination Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. | Civil Justice Tax Fairness Act of 2013 |
Solar Uniting Neighborhoods (SUN) Act of 2013 - Amends the Internal Revenue Code to: (1) expand the definitions of "qualified solar electric property expenditure" and "qualified solar water heating property expenditure" to allow a residential energy efficient property tax credit for solar energy property which is either installed in a taxpayer's residence or is located within 50 miles of such residence; and (2) exclude from gross income, for income tax purposes, gain from the sale or exchange of electricity generated by solar energy property eligible for such tax credit. | 113 S1225 IS: Solar Uniting Neighborhoods (SUN) 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. 1225 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Udall of Colorado Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide that solar energy property need not be located on the property with respect to which it is generating electricity in order to qualify for the residential energy efficient property credit. 1. Short title This Act may be cited as the Solar Uniting Neighborhoods (SUN) Act of 2013 2. Clarification with respect to location of solar electric property (a) In general Paragraph (2) of section 25D(d) (2) Qualified solar electric property expenditure (A) In general The term qualified solar electric property expenditure (i) for use in a dwelling unit located in the United States and used as a residence by the taxpayer, or (ii) which enters the electrical grid at any point which is not more than 50 miles from the point at which such a dwelling unit used as a residence by the taxpayer is connected to such grid, but only if such property is not used in a trade or business of the taxpayer or in an activity with respect to which a deduction is allowed to the taxpayer under section 162 or paragraph (1) or (2) of section 212. (B) Recapture The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in clause (ii) of subparagraph (A) which ceases to satisfy the requirements of such clause. . (b) Limitation with respect to off-Site solar property Subsection (b) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Maximum credit for off-site solar property In the case of any qualified solar electric property expenditure which is such an expenditure by reason of clause (ii) of subsection (d)(2)(A), the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year with respect to all such expenditures shall not exceed $50,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Clarification with respect to location of solar water heating property (a) In general Section 25D(d)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking The term (A) In general The term , and (2) by adding at the end the following new subparagraph: (B) Off-site property (i) In general Such term shall include an expenditure for property described in subparagraph (A) notwithstanding— (I) whether such property is located on the same site as the dwelling unit for which the energy generated from such property is used, and (II) whether the energy generated by such property displaces the energy used to heat the water load or space heating load for the dwelling, so long as any such displacement from such property occurs not more than 50 miles from such dwelling unit, but only if such property is not used in a trade or business of the taxpayer or in an activity with respect to which a deduction is allowed to the taxpayer under section 162 or paragraph (1) or (2) of section 212. (ii) Recapture The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in clause (i) which ceases to satisfy the requirements of such clause. . (b) Limitation with respect to off-Site solar property Paragraph (3) of section 25D(b) of the Internal Revenue Code of 1986, as added by section 2, is amended to read as follows: (3) Maximum credit for off-site solar property In the case of— (A) any qualified solar electric property expenditure which is such an expenditure by reason of clause (ii) of subsection (d)(2)(A), and (B) any qualified solar water heating property expenditure which is such an expenditure by reason of subparagraph (B) of subsection (d)(1), the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year with respect to all such expenditures shall not exceed $50,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Exclusion of income from qualifying sales (a) In general Part III of subchapter B of chapter 1 is amended by inserting before section 140 the following new section: 139E. Income from qualifying sales of solar electricity For any taxable year, gross income of any person shall not include any gain from the sale or exchange to the electrical grid during such taxable year of electricity which is generated by property with respect to which any qualified solar electric property expenditures are eligible to be taken into account under section 25D, but only to the extent such gain does not exceed the value of the electricity used at such residence during such taxable year. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139E. Income from qualifying sales of solar electricity. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Solar Uniting Neighborhoods (SUN) Act of 2013 |
On-the-Job Training Act of 2013 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to: (1) make discretionary grants to states, local boards, and federally-recognized tribal organizations for adult on-the-job training or dislocated worker on-the-job training programs; and (2) use up to 10% of funds authorized under this Act to make grants to such entities for developing on-the-job training programs, including providing capacity building activities for local staff. | 113 S1227 IS: On-the-Job Training 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. 1227 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mrs. Shaheen Mr. Cochran Committee on Health, Education, Labor, and Pensions A BILL To authorize a national grant program for on-the-job training. 1. Short title This Act may be cited as the On-the-Job Training Act of 2013 2. On-The-Job Training (a) In general Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 173A ( 29 U.S.C. 2918a 173B. On-The-Job Training (a) Definition In this section, the term federally recognized tribal organization (b) Grants From the amount made available under subsection (h), and subject to subsection (d)— (1) the Secretary shall make grants on a discretionary basis to States, local boards, and federally recognized tribal organizations, for adult on-the-job training, or dislocated worker on-the-job training, carried out under section 134 and for State functions described in subsection (f); and (2) using an amount that is not more than 10 percent of the funds made available under subsection (h), the Secretary shall make grants to States, local boards, and federally recognized tribal organizations for developing on-the-job training programs, including providing capacity building activities for local staff who will be engaged in the development of the programs, in consultation with the Secretary. (c) Application To be eligible to receive a grant under subsection (b), a State, local board, or federally recognized tribal organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In preparing such an application for a grant under subsection (b)(1), a local board shall consult with the corresponding State. (d) Reimbursement of wage rates Notwithstanding the limitation in section 101(31)(B), in making the grants described in subsection (b)(1) the Secretary may allow for higher levels of reimbursement of wage rates the Secretary determines are appropriate based on factors such as— (1) employer size, in order to facilitate the participation of small- and medium-sized employers; (2) target populations, in order to enhance job creation for persons with barriers to employment; and (3) the number of employees that will participate in the on-the-job training, the wage and benefit levels of the employees (before the training and anticipated on completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the existence of other employer-provided training and advancement opportunities. (e) Administration by Secretary The Secretary may use an amount that is not more than 1 percent of the funds made available under subsection (h) for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (b), including the evaluation of, and dissemination of information on lessons learned through, the use of such funds. (f) State oversight and monitoring A local board that receives a grant under subsection (b)(1) and is located in a State, shall provide not less than 5 percent of the grant funds to the State for State functions described in sections 136(f), 184, and 185. (g) Rule of construction Nothing in this section shall be construed to affect the manner in which subtitle B is implemented, for activities funded through amounts appropriated under section 137. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . (b) Table of contents The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by inserting after the item relating to section 173A the following: Sec. 173B. On-the-job training. . | On-the-Job Training Act of 2013 |
Medicare Better Health Rewards Program Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a three-year Better Health Rewards Program under which incentives are provided to Medicare beneficiaries who voluntarily agree to participate in the Program. Directs the Secretary to establish standards for measuring better health targets and points for achieving them for participating Medicare beneficiaries, including those for: (1) an annual wellness visit, (2) tobacco cessation, (3) Body Mass Index (BMI), (4) a diabetes screening test, (5) cardiovascular disease screening, (6) cholesterol level screening, and (7) screening tests and specified vaccinations. Requires the Secretary to make specified incentive payments to each participating Medicare beneficiary who achieves at least 20 points during a year. Authorizes Medicare Advantage Plans, "Section 1876" health maintenance organization and competitive medical cost plans, and programs of all-inclusive care for the elderly (PACE) to make incentives to their enrollees to participate in a Better Health Rewards Program. Amends the Internal Revenue Code to exclude from gross income any payment made under: (1) the Medicare Better Health Rewards Program, and (2) any other Better Health Rewards Program. | 113 S1228 IS: Medicare Better Health Rewards Program 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. 1228 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Wyden Mr. Portman Committee on Finance A BILL To establish a program to provide incentive payments to participating Medicare beneficiaries who voluntarily establish and maintain better health. 1. Short title This Act may be cited as the Medicare Better Health Rewards Program Act of 2013 2. Medicare Better Health Rewards Program Part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 1849. Medicare Better Health Rewards Program (a) In general The Secretary shall establish a Better Health Rewards Program (in this section referred to as the Program (b) Enrollment A health professional participating in the Program shall provide their patients who are Medicare beneficiaries with a description of and an opportunity to enroll in the Program on a voluntary basis. If a Medicare beneficiary elects to enroll in the Program, the health professional shall inform the Secretary of the individual's enrollment through a process established by the Secretary, which does not impose additional administrative requirements on the participating health professional. (c) Establishment of better health target standards (1) In general (A) Establishment The Secretary shall establish standards for measuring better health targets and points for achieving such standards for participating Medicare beneficiaries, including such standards and points with respect to the following: (i) Annual wellness visit. (ii) Tobacco cessation. (iii) Body Mass Index (BMI). (iv) Diabetes screening test. (v) Cardiovascular disease screening. (vi) Cholesterol level screening. (vii) Screening tests and specified vaccinations. (B) Consultation In establishing standards and points for achieving such standards under this subsection, the Secretary— (i) shall consult with 1 or more nationally recognized health care quality organizations, as determined appropriate by the Secretary; and (ii) may consult with physicians and other professionals experienced with wellness programs. (C) Points The number of points awarded for a year for achieving standards with respect to each of the targets described in clauses (i) through (vii) of subparagraph (A) shall not exceed 5. Such points may be awarded on a sliding scale, based on standards established under this subsection, as determined appropriate by the Secretary. (2) Modification of better health target standards and assigned points (A) In general The Secretary may modify standards for measuring better health targets and, subject to paragraph (1)(C), points for achieving such standards for participating Medicare beneficiaries under this subsection. (B) Consultation In modifying standards and points for achieving such standards under this paragraph, the Secretary— (i) shall consult with 1 or more nationally recognized health care quality organizations, as determined appropriate by the Secretary; and (ii) may consult with physicians and other professionals experienced with wellness programs. (d) Conduct of program (1) Duration (A) In general Subject to subparagraph (B), the Program shall be conducted for not less than a 3-year period. (B) Expansion The Secretary shall expand the duration and scope of the Program, to the extent determined appropriate by the Secretary, if— (i) the Secretary determines that such expansion is expected to— (I) reduce spending under this title without reducing the quality of care; or (II) improve the quality of care and reduce spending; (ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such expansion would reduce program spending under this title; and (iii) the Secretary determines that such expansion would not deny or limit the coverage or provision of benefits under this title for individuals. (2) Collection and use of baseline data During the first year of the Program, a health professional shall establish and report to the Secretary baseline information for each participating Medicare beneficiary who is a patient of the health professional as part of that beneficiary’s first year assessment under paragraph (3)(A). The health professional shall use such data to aid in the determination of whether and to what extent the participating Medicare beneficiary is meeting the target standards under subsection (c) in each of years 2 and 3 of the Program. (3) Required assessments for participating Medicare beneficiaries (A) First year During year 1 of the Program, a health professional shall furnish to each participating Medicare beneficiary that is a patient of the health professional either an annual wellness visit or an initial preventive physical examination. (B) Second and third years During each of years 2 and 3 of the Program, a health professional shall furnish to each participating Medicare beneficiary that is a patient of the health professional an annual wellness visit to determine whether and to what extent the participating Medicare beneficiary has met the target standards under subsection (c). (e) Determination of points and payment of incentives (1) Determination of points During each of years 2 and 3 of the Program, a health professional shall— (A) evaluate and report to the Secretary whether each participating Medicare beneficiary that is a patient of the health professional has achieved the target standards under subsection (c); and (B) determine the total amount of points that each such participating Medicare beneficiary has achieved for the year based on the points assigned for achieving such standards under subsection (c). (2) Incentive payment (A) In general The Secretary shall pay to each participating Medicare beneficiary who achieves at least 20 points under paragraph (1)(B) for the year an incentive payment. Such payment shall be equal to an amount determined appropriate by the Secretary, but no case shall such amount exceed the following: Points Year 2 Payment Year 3 or a Subsequent 20–24 points $100 $200 25 or more points $200 $400. (B) Inflation adjustment The dollar amounts specified in this paragraph shall be increased, beginning with 2017, from year to year based on the percentage increase in the consumer price index for all urban consumers (all items; United States city average), rounded to the nearest $1. (3) Final determination of standards achievement made by participating health professional Under the Program, a participating health professional shall make the final determination as to whether or not a participating Medicare beneficiary has met the target standards under subsection (c) and what screening tests and specified vaccinations, or other services, are necessary for purposes of making such determination. (f) Spending benchmarks (1) In general The Secretary shall collect relevant data, including data on claims paid under this title for services furnished to participating Medicare beneficiaries during the Program, for purposes of determining the aggregate estimated savings achieved under this title for participating Medicare beneficiaries during each of years 2 and 3 of the Program in accordance with paragraph (2) (and for a subsequent year if the Program is expanded under subsection (d)(1)(B)). (2) Determination of aggregate estimated savings (A) In general The amount of the aggregate estimated savings under this title for participating Medicare beneficiaries under paragraph (1), with respect to a year, shall be equal to— (i) the estimated savings determined under subparagraph (B) for the year; minus (ii) the aggregate incentive payments made under the Program during the year. (B) Determination of estimated savings For purposes of subparagraph (A)(i), the estimated savings determined under this subparagraph for a year shall be equal to— (i) the estimated aggregate expenditures under this title (as projected under subparagraph (C)) for the year; minus (ii) the actual aggregate expenditures under this title (as determined by the Secretary and taking into account any reduction in specific health risks of the participating Medicare beneficiaries) for the year. (C) Projection of estimated aggregate claims cost (i) Benchmark base year The Secretary shall establish a benchmark base year amount of expenditures under this title for participating Medicare beneficiaries during year 1 of the Program. (ii) Projection The Secretary shall use the benchmark base year amount established under clause (i) to project the estimated aggregate expenditures for all participating Medicare beneficiaries during each of years 2 and 3 of the Program as if the beneficiaries were not participating in the Program. In making such projection, the Secretary may include adjustments for health status or other specific risk factors and geographic variation for the participating Medicare beneficiaries. (D) Public report of determination and other Program information Not later than 90 days after determining the aggregate estimated savings (if any) under subparagraph (A) with respect to a year, the Secretary shall make available to the public a report containing a description of the amount of the savings determined, including the methodology and any other calculations or determinations involved in the determination of such amount. Such report shall include— (i) a description of any reduction in specific health risks of participating Medicare beneficiaries identified by the Secretary; (ii) a description of— (I) standards for measuring better health targets under subsection (c); and (II) the points available for achieving each such standard under that subsection; and (iii) recommendations for such legislation and administrative action as the Secretary determines appropriate. (3) Monitoring of Program costs During the operation of the Program, the Chief Actuary of the Centers for Medicare & Medicaid Services shall— (A) monitor the Program to determine whether or not the Program is reducing aggregate expenditures under this title; and (B) submit to the Secretary an annual report on the results of such monitoring. (4) Required action if aggregate incentive payments exceed savings If the Secretary, taking into account the reports under paragraph (3)(B), determines that the aggregate expenditures under this title exceed the aggregate expenditures under this title that would have been made if the Program had not been implemented, the Secretary shall provide for changes to the provisions of the program in order to eliminate such excess. (g) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this section. (h) Definitions In this section: (1) Annual wellness visit The term annual wellness visit (2) Health professional The term health professional (3) Initial preventive physical examination The term initial preventive physical examination (4) Medicare beneficiary The term Medicare beneficiary (5) Participating Medicare beneficiary The term participating Medicare beneficiary (6) Screening tests The term screening tests (A) Colorectal cancer screening tests (as defined in section 1861(pp)). (B) Screening mammography (as described in section 1861(jj)). (C) Screening pap smear and screening pelvic exam (as defined in section 1861(nn)). (D) Screening for glaucoma (as defined in section 1861(uu)). (E) Bone mass measurement (as defined in section 1861(rr)) for qualified individuals described in paragraph (2)(A) of such section. (F) HIV screening for high-risk groups (as identified by the Secretary). (7) Specified vaccinations The term specified vaccinations . 3. Participation by Medicare Advantage plans Section 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the following new subsection: (h) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for plan years beginning on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the monthly bid amount submitted by a Medicare Advantage organization under section 1834(a)(6) (or the monthly premium charged by the organization under section 1854(b)) with respect to an MA plan offered by the organization take into account any incentive payments made to enrollees under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A Medicare Advantage organization seeking to participate in the Program shall— (A) notify the Secretary of the organization's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which enrollees participate in the Program; (II) the scores of those enrollees with respect to applicable health targets under the Program; and (III) the incentives enrollees receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this subsection. . 4. Participation of section 1876 cost plans Section 1876 of the Social Security Act (42 U.S.C. 1395mm) is amended by inserting at the end the following: (l) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for contract periods beginning on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the payment to an eligible organization under this section (or the premium rate charged by the organization under this section) with respect to members enrolled with the organization take into account any incentive payments made to members under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information An eligible organization seeking to participate in the Program shall— (A) notify the Secretary of the organization's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which members participate in the Program; (II) the scores of those members with respect to applicable health targets under the Program; and (III) the incentives members receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this subsection. . 5. Participation of programs of all-inclusive care for the elderly (PACE) (a) Medicare Section 1894 of the Social Security Act (42 U.S.C. 1395eee) is amended by inserting at the end the following: (j) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for PACE program agreements entered into on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the payment to a PACE provider under this section (or any premium charged by the provider under this section) with respect to PACE program eligible individuals enrolled with the PACE provider take into account any incentive payments made to individuals under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A PACE provider seeking to participate in the Program shall— (A) notify the Secretary of the PACE provider's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which PACE program eligible individuals enrolled with the PACE provider participate in the Program; (II) the scores of those individuals with respect to applicable health targets under the Program; and (III) the incentives individuals receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI, XVIII, and XIX as may be necessary to carry out the purposes of the Program established under this subsection. . (b) Medicaid Section 1934 of the Social Security Act ( 42 U.S.C. 1396u–4 (k) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for PACE program agreements entered into on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 Program (2) Limitation In no case shall the payment to a PACE provider under this section (or any premium charged by the provider under this section) with respect to PACE program eligible individuals enrolled with the PACE provider take into account any incentive payments made to individuals under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A PACE provider seeking to participate in the Program shall— (A) notify the Secretary of the PACE provider's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which PACE program eligible individuals enrolled with the PACE provider participate in the Program; (II) the scores of those individuals with respect to applicable health targets under the Program; and (III) the incentives individuals receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI, XVIII, and XIX as may be necessary to carry out the purposes of the Program established under this subsection. . 6. Exclusion of incentive payments (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section: 139E. Medicare Better Health Rewards payments Gross income shall not include any payment made under the following programs: (1) The Medicare Better Health Rewards Program established under section 1849 of the Social Security Act. (2) A Better Health Rewards Program established pursuant to section 1859(h), 1876(l), 1894(j), or 1934(k) of the Social Security Act. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Medicare Better Health Rewards payments. . | Medicare Better Health Rewards Program Act of 2013 |
Empowering States' Rights To Protect Consumers Act of 2013 - Amends the Truth In Lending Act to limit the annual percentage rate (APR) applicable to any consumer credit transaction (other than a residential mortgage transaction), including any associated fees, to the maximum rate permitted by the laws of the state in which the consumer resides. | 113 S1229 IS: Empowering States' Rights To Protect Consumers 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. 1229 IN THE SENATE OF THE UNITED STATES June 26, 2013 Mr. Whitehouse Ms. Warren Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates applicable to consumer credit transactions, and for other purposes. 1. Short title This Act may be cited as the “ Empowering States' Rights To Protect Consumers Act of 2013 2. Limits on annual percentage rates Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. 140B. Limits on Annual Percentage Rates Notwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides. . | Empowering States' Rights To Protect Consumers Act of 2013 |