[Congressional Record Volume 160, Number 3 (Tuesday, January 7, 2014)]
[Senate]
[Pages S71-S81]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2603. Ms. AYOTTE (for herself, Mr. Chambliss, Mr. Barrasso, Mr.
Portman, Mr. Hoeven, Mr. Moran, Ms. Collins, Mr. Johnson of Wisconsin,
Mr. Isakson, Mr. Inhofe, and Mr. Graham) submitted an amendment
intended to be proposed by her to the bill S. 1845, to provide for the
extension of certain unemployment benefits, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPEAL OF REDUCTIONS MADE BY BIPARTISAN BUDGET ACT
OF 2013.
(a) Repeal.--Section 403 of the Bipartisan Budget Act of
2013 is repealed as of the date of the enactment of such Act.
(b) Social Security Number Required to Claim the Refundable
Portion of the Child Tax Credit.--
(1) In general.--Subsection (d) of section 24 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to any
taxpayer for any taxable year unless the taxpayer includes
the taxpayer's Social Security number on the return of tax
for such taxable year.
``(B) Joint returns.--In the case of a joint return, the
requirement of subparagraph (A) shall be treated as met if
the Social Security number of either spouse is included on
such return.
``(C) Limitation.--Subparagraph (A) shall not apply to the
extent the tentative minimum tax (as defined in section
55(b)(1)(A)) exceeds the credit allowed under section 32.''.
(2) Omission treated as mathematical or clerical error.--
Subparagraph (I) of section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(I) an omission of a correct Social Security number
required under section 24(d)(5) (relating to refundable
portion of child tax credit), or a correct TIN under section
24(e) (relating to child tax credit), to be included on a
return,''.
(3) Conforming amendment.--Subsection (e) of section 24 of
the Internal Revenue Code of 1986 is amended by inserting
``With Respect to Qualifying Children'' after
``Identification Requirement'' in the heading thereof.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 2604. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 1845, to provide for the extension of certain
unemployment benefits, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRANSPARENCY OF COVERAGE DETERMINATION.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Chief Administrative Officer of
the House of Representatives and the Financial Clerk of the
Senate shall make publically available the determinations of
each member of the House of Representatives and each Senator,
as the case may be, regarding the designation of their
respective congressional staff (including leadership and
committee staff) as ``official'' for purposes of requiring
such staff to enroll in health insurance coverage provided
through an Exchange as required under section 1312(d)(1)(D)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18032(d)(1)(D)), and the regulations relating to such
section.
(b) Failure to Submit.--The failure by any member of the
House of Representatives or Senator to designate any of their
respective staff, whether committee or leadership staff, as
``official'' (as described in subsection (a)), shall be noted
in the determination made publically available under
subsection (a) along with a statement that such failure
permits the staff involved to remain in the Federal Employee
Health Benefits Program.
(c) Privacy.--Nothing in this Act shall be construed to
permit the release of any individually identifiable
information concerning any individual, including any health
plan selected by an individual.
______
SA 2605. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1845, to provide for the extension of certain
unemployment benefits, and for other purposes; which was ordered to lie
on the table; as follows:
On page 6, after line 11, add the following:
SEC. 7. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON
ALL AVAILABLE FEDERAL LAND.
(a) Definitions.--In this section:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of May 31, 2013--
(A) is located within the boundaries of a State;
(B) is not held by the United States in trust for the
benefit of a federally recognized Indian tribe;
(C) is not a unit of the National Park System;
(D) is not a unit of the National Wildlife Refuge System;
and
(E) is not a Congressionally designated wilderness area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(b) State Programs.--
(1) In general.--A State--
(A) may establish a program covering the leasing and
permitting processes, regulatory requirements, and any other
provisions by which the State would exercise its rights to
develop all forms of energy resources on available Federal
land in the State; and
(B) as a condition of certification under subsection (c)(2)
shall submit a declaration to the Departments of the
Interior, Agriculture, and Energy that a program under
subparagraph (A) has been established or amended.
(2) Amendment of programs.--A State may amend a program
developed and certified under this section at any time.
(3) Certification of amended programs.--Any program amended
under paragraph (2) shall be certified under subsection
(c)(2).
(c) Leasing, Permitting, and Regulatory Programs.--
(1) Satisfaction of federal requirements.--Each program
certified under this section shall be considered to satisfy
all applicable requirements of Federal law (including
regulations), including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(2) Federal certification and transfer of development
rights.--Upon submission of a declaration by a State under
subsection (b)(1)(B)(i)--
(A) the program under subsection (b)(1)(A) shall be
certified; and
(B) the State shall receive all rights from the Federal
Government to develop all forms of energy resources covered
by the program.
(3) Issuance of permits and leases.--If a State elects to
issue a permit or lease for the development of any form of
energy resource on any available Federal land within the
borders of the State in accordance with a program certified
under paragraph (2), the permit or lease shall be considered
to meet all applicable requirements of Federal law (including
regulations).
(d) Judicial Review.--Activities carried out in accordance
with this section shall not be subject to judicial review.
(e) Administrative Procedure Act.--Activities carried out
in accordance with this section shall not be subject to
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
______
SA 2606. Mr. COBURN (for himself, Mr. Tester, Mr. Udall of Colorado,
Mr. King, Mr. McCain, and Mr. Begich) submitted an amendment intended
to be proposed by him to the bill S. 1845, to provide for the extension
of certain unemployment benefits, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. 7. ENDING UNEMPLOYMENT PAYMENTS TO JOBLESS MILLIONAIRES
AND BILLIONAIRES.
(a) Prohibition.--Notwithstanding any other provision of
law, no Federal funds may be used to make payments of
unemployment compensation (including such compensation under
the Federal-State Extended Compensation Act of 1970 and the
emergency unemployment compensation program under title IV of
the Supplemental Appropriations Act, 2008) to an individual
whose adjusted gross income in the preceding year was equal
to or greater than $1,000,000.
(b) Compliance.--Unemployment Insurance applications shall
include a form or procedure for an individual applicant to
certify the individual's adjusted gross income was not equal
to or greater than $1,000,000 in the preceding year.
(c) Audits.--The certifications required by subsection (b)
shall be auditable by the U.S. Department of Labor or the
U.S. Government Accountability Office.
(d) Status of Applicants.--It is the duty of the states to
verify the residency, employment, legal, and income status of
applicants for Unemployment Insurance and no Federal funds
may be expended for purposes of determining an individual's
eligibility under this Act.
(e) Effective Date.--The prohibition under subsection (a)
shall apply to weeks of unemployment beginning on or after
the date of the enactment of this Act.
______
SA 2607. Mr. COBURN (for himself, Mr. Manchin, Mr. King, and Mr.
Flake) submitted an amendment intended to be proposed by him to the
bill S. 1845, to provide for the extension of certain unemployment
benefits, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S72]]
At the end, add the following:
SEC. 7. PROHIBITION ON PAYMENT OF BENEFITS BASED ON RECEIPT
OF UNEMPLOYMENT COMPENSATION.
(a) In General.--Title II of the Social Security Act (42
U.S.C. 401 et seq.) is amended by inserting after section 224
the following new section:
``prohibition on payment of benefits based on receipt of unemployment
compensation
``Sec. 224A. (a) If for any month prior to the month in
which an individual attains retirement age (as defined in
section 216(l)(1))--
``(1) such individual is entitled to benefits under section
223, and
``(2) such individual is entitled for such month to
unemployment compensation,
the total of the individual's benefits under section 223 for
such month and of any benefits under subsections (b) through
(h) of section 202 for such month based on the individual's
wages and self-employment income shall be reduced to zero.
``(b)(1) Notwithstanding any other provision of law, the
head of any Federal agency shall provide such information
within its possession as the Commissioner may require for
purposes of making a timely determination under this section
for reduction of benefits payable under this title, or
verifying other information necessary in carrying out the
provisions of this section.
``(2) The Commissioner is authorized to enter into
agreements with States, political subdivisions, and other
organizations that administer unemployment compensation, in
order to obtain such information as the Commissioner may
require to carry out the provisions of this section.
``(3) Any determination by the Commissioner pursuant to
this section shall be subject to the requirements described
in section 205(b)(1), including provision of reasonable
notice and opportunity for a hearing.
``(c) For purposes of this section, the term `unemployment
compensation' has the meaning given that term in section
85(b) of the Internal Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to benefits payable for months beginning after
180 days after the date of enactment of this Act.
______
SA 2608. Mr. BLUMENTHAL submitted an amendment intended to be
proposed by him to the bill S. 1845, to provide for the extension of
certain unemployment benefits, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE II--PATHWAYS BACK TO WORK
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pathways Back to Work Act
of 2013''.
SEC. 202. ESTABLISHMENT OF PATHWAYS BACK TO WORK FUND.
(a) Establishment.--There is established in the Treasury of
the United States an account, which shall be known as the
Pathways Back to Work Fund (referred to in this title as
``the Fund''), consisting of such amounts as are paid to the
Fund under subsection (b).
(b) Payment Into the Fund.--Out of any amounts in the
general fund of the Treasury not otherwise appropriated,
there is appropriated $12,500,000,000, which shall be paid to
the Fund, to be used by the Secretary of Labor to carry out
this title.
(c) Period of Availability.--The amounts appropriated under
this title shall be available for obligation by the Secretary
of Labor through December 31, 2014, and shall be available
for expenditure by recipients of grants and subgrants under
this title through September 30, 2015.
SEC. 203. AVAILABILITY OF FUNDS.
(a) In General.--Using the amounts available through the
Fund under section 202(b), the Secretary of Labor shall,
subject to subsection (b)--
(1) allot $8,000,000,000 in accordance with section 204 to
provide subsidized employment to unemployed, low-income
adults;
(2) allot $2,500,000,000 in accordance with section 205 to
provide summer employment and year-round employment
opportunities to low-income youth; and
(3) use $2,000,000,000 in accordance with section 206 to
award grants on a competitive basis 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 adults and low-income
youth to provide the skills and assistance needed to obtain
employment.
(b) Reservation.--The Secretary of Labor may reserve not
more than 1 percent of the amounts available through the Fund
under each of paragraphs (1) through (3) of subsection (a) to
pay for the costs of technical assistance, evaluations, and
Federal administration of this title.
SEC. 204. SUBSIDIZED EMPLOYMENT FOR UNEMPLOYED, LOW-INCOME
ADULTS.
(a) In General.--
(1) Allotments.--From the funds available under section
203(a)(1), the Secretary of Labor shall make an allotment or
provide assistance under subsection (b) to each State that
has a State plan approved under subsection (c) and to each
outlying area and recipient under section 166(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) that
meets the requirements of this section, for the purpose of
providing subsidized employment opportunities to unemployed,
low-income adults.
(2) Guidance.--Not later than 30 days after the date of
enactment of this title, the Secretary of Labor, in
coordination with the Secretary of Health and Human Services,
shall issue guidance regarding the implementation of this
section. Such guidance shall, consistent with this section,
include procedures for the submission and approval of State
and local plans and the allotment and allocation of funds,
including reallotment and reallocation of such funds, that
promote the expeditious and effective implementation of the
activities authorized under this section.
(b) State Allotments.--
(1) Reservations for outlying areas and tribes.--Of the
funds described in subsection (a)(1), the Secretary of Labor
shall reserve--
(A) not more than \1/4\ of 1 percent to provide assistance
to outlying areas to provide subsidized employment to
unemployed, low-income adults; and
(B) 1.5 percent to provide assistance to recipients under
section 166(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2911(c)) to provide subsidized employment to
unemployed, low-income adults.
(2) States.--After determining the amounts to be reserved
under section 203(b) and paragraph (1), the Secretary of
Labor shall allot the remainder of the funds described in
subsection (a)(1) among the States by allotting--
(A) one-third 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;
(B) one-third on the basis of the relative excess number of
unemployed individuals in each State, compared to the total
excess number of unemployed individuals in all States; and
(C) one-third on the basis of the relative number of
disadvantaged adults and youth in each State, compared to the
total number of disadvantaged adults and youth in all States.
(3) Definitions.--For purposes of the formula described in
paragraph (2)--
(A) Area of substantial unemployment.--The term ``area of
substantial unemployment'' means any contiguous area that has
a population of at least 10,000, and that has an average rate
of unemployment of at least 6.5 percent for the most recent
12 months, as determined by the Secretary of Labor.
(B) Disadvantaged adult or youth.--The term ``disadvantaged
adult or youth'' means an individual who is age 16 or older
who received an income, or is a member of a family that
received a total family income, that, in relation to family
size, does not exceed the higher of--
(i) the poverty line; or
(ii) 70 percent of the lower living standard income level.
(C) Excess number.--The term ``excess number'' means, used
with respect to unemployed individuals in a State, the higher
of--
(i) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in the State; or
(ii) the number that represents the number of unemployed
individuals in excess of 4.5 percent of the civilian labor
force in areas of substantial unemployment in such State.
(4) Reallotment.--If the Governor of a State does not
submit a State plan by the date specified in subsection
(c)(2)(B), or a State does not receive approval of a State
plan, the amount the State would have been eligible to
receive pursuant to the formula under paragraph (2) shall be
transferred within the Fund and added to the amounts
available for competitive grants under section 203(a)(3).
(c) State Plan.--
(1) In general.--For a State to be eligible to receive an
allotment of funds under subsection (b), the Governor of the
State shall submit to the Secretary of Labor a State plan in
such form and containing such information as the Secretary
may require. At a minimum, such plan shall include--
(A) a description of the strategies and activities to be
carried out by the State, in coordination with employers in
the State, to provide subsidized employment opportunities to
unemployed, low-income adults, including strategies relating
to the level and duration of subsidies consistent with
subsection (e)(2);
(B) a description of the requirements the State will apply
relating to the eligibility of unemployed, low-income adults,
consistent with section 208, for subsidized employment
opportunities, which requirements may include criteria to
target assistance to particular categories of such adults,
such as individuals with disabilities or individuals who have
exhausted all rights to unemployment compensation;
(C) a description of how the funds allotted to provide
subsidized employment opportunities will be administered in
the State and (if administered by entities described in
subsection (d)(1)(A)) in local workforce investment areas, in
accordance with subsection (d);
(D) 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 the performance, consistent with guidance provided by
the Secretary of Labor regarding
[[Page S73]]
such outcomes and processes and with section 207(b);
(E) a description of the coordination of activities to be
carried out with the funds provided under this section, with
activities under title I of the Workforce Investment Act of
1998 (29 U.S.C. 2801 et seq.), the program of block grants to
States for temporary assistance for needy families
established under part A of title IV of the Social Security
Act (referred to in this title as the ``TANF program''; 42
U.S.C. 601 et seq.), and other appropriate Federal and State
programs that may assist unemployed, low-income adults in
obtaining and retaining employment;
(F) a description of the timelines for implementation of
the activities described in subparagraph (A), and the number
of unemployed, low-income adults expected to be placed in
subsidized employment by calendar quarter;
(G) assurances that the State 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; and
(H) assurances that the State will ensure compliance with
the requirements, restrictions, labor standards, and other
provisions described in section 207(a).
(2) Submission and approval of state plan.--
(A) Submission with other plans.--The State plan described
in paragraph (1) may be submitted in conjunction with the
State plan modification or other request for funds by the
State required under section 205, and may be submitted as a
modification to a State plan that has been approved under
section 112 of the Workforce Investment Act of 1998 (29
U.S.C. 2822).
(B) Submission and approval.--
(i) Submission.--The Governor shall submit the State plan
described in paragraph (1) to the Secretary of Labor not
later than 75 days after the date of enactment of this title
and the Secretary shall make a determination regarding the
approval or disapproval of such plan not later than 45 days
after the submission of such plan. If the plan is
disapproved, the Secretary may provide a reasonable period of
time in which the plan may be amended and resubmitted for
approval.
(ii) Approval.--The Secretary of Labor shall approve a
State plan that the Secretary determines is consistent with
the requirements of this section and reasonably appropriate
and adequate to carry out the objectives of this section. If
the plan is approved, the Secretary shall allot funds to the
State under subsection (b) within 30 days after such
approval.
(3) Modifications to state plan.--The Governor may submit a
modification to a State plan under this subsection,
consistent with the requirements of this section.
(d) Administration Within the State.--
(1) Option.--The State may administer the funds for
activities under this section through--
(A) the State and local entities responsible for the
administration of the formula program of workforce investment
activities for adults under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.);
(B) the State agency or agencies responsible for the
administration of the TANF program; or
(C) a combination of the entities and agency or agencies
described in subparagraphs (A) and (B).
(2) Within-state allocations.--
(A) Allocation of funds.--The Governor may reserve not more
than 5 percent of the funds made available through the
allotment under subsection (b)(2), for administration and
technical assistance, and shall allocate the remainder, in
accordance with the option elected under paragraph (1)--
(i) among local workforce investment areas within the State
in accordance with subparagraphs (A), (B), and (C) of
subsection (b)(2), except that for purposes of such
allocation references in paragraph (2) or (3) of subsection
(b) to a State 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; or
(ii) through entities responsible for the administration of
the TANF program in local areas, in such manner as the State
agency or agencies responsible for the administration of the
TANF program may determine to be appropriate.
(B) Local plans.--
(i) In general.--In a case in which the responsibility for
the administration of the activities described in subsection
(e) is to be carried out by the entities described in
paragraph (1)(A), in order to receive an allocation for a
local workforce investment area under subparagraph (A)(i), a
local workforce investment board, in partnership with the
chief elected official for the local workforce investment
area, shall submit to the Governor, not later than 30 days
after the submission of the State plan, a local plan for the
use of such funds under this section. Such local plan may be
submitted as a modification to a local plan approved under
section 118 of the Workforce Investment Act of 1998 (29
U.S.C. 2833).
(ii) Contents.--The local plan described in clause (i)
shall contain the information described in subparagraphs (A)
through (H) of subsection (c)(1), as applied to the local
workforce investment area.
(iii) Approval.--The Governor shall approve or disapprove
the local plan submitted under clause (i) not later than a
date (referred to in this clause as the ``final determination
date'') that is the later of the 30th day after the
submission of the local plan or the 30th day after the
approval of the State plan. The Governor shall approve the
local plan unless the Governor determines that the plan is
inconsistent with the requirements of this section or is not
reasonably appropriate and adequate to carry out the
objectives of this section. If the Governor has not made a
determination by the final determination date, the plan shall
be considered to be approved. If the plan is disapproved, the
Governor may provide a reasonable period of time in which the
plan may be amended and resubmitted for approval. If the plan
is approved, the Governor shall allocate funds to the local
workforce investment area involved under subparagraph (A)(i)
within 30 days after such approval.
(C) Reallocation of funds to local workforce investment
areas.--In a case described in subparagraph (B)(i), if a
local workforce investment board and chief elected official
do not submit a local plan by the date specified in
subparagraph (B)(i), 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
subparagraph (A)(i) shall be allocated to local workforce
investment areas that receive approval of their local plans
under subparagraph (B). Each such local workforce investment
area shall receive a share of the total amount available for
reallocation under this subparagraph, in accordance with the
area's share of the total amount allocated under subparagraph
(A)(i) to such local workforce investment areas.
(e) Use of Funds.--
(1) In general.--The funds made available under this
section shall be used to provide subsidized employment for
unemployed, low-income adults. The entities or agencies
described in subsection (d)(1) may use a variety of
strategies in recruiting employers and identifying
appropriate employment opportunities, but shall give priority
to providing employment opportunities likely to lead to
unsubsidized employment in emerging or in-demand occupations
in the area served through the grant involved. Funds made
available under this section may be used to provide support
services, such as transportation and child care, that are
necessary to enable such adults to participate in subsidized
employment opportunities.
(2) Level of subsidy and duration.--The entities or
agencies described in subsection (d)(1) may determine the
percentage of the wages and costs of employing a participant
for which an employer may receive a subsidy with the funds
made available under this section, and the duration of such
subsidy, in accordance with guidance issued by the Secretary
of Labor in coordination with the Secretary of Health and
Human Services. The entities or agencies may establish
criteria for determining such percentage or duration, using
appropriate factors such as the size of the employer and type
of employment.
(3) Limitation.--Not more than 10 percent of the funds
allocated to a local workforce investment area under
subsection (d)(2)(A)(i) may be used for the costs of
administration of this section.
(f) Coordination of Federal Administration.--The Secretary
of Labor shall administer this section in coordination with
the Secretary of Health and Human Services to ensure the
effective implementation of this section.
SEC. 205. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT
OPPORTUNITIES FOR LOW-INCOME AND DISCONNECTED
YOUTH.
(a) In General.--From the funds available under section
203(a)(2), the Secretary of Labor shall make an allotment or
provide assistance 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)
(referred to in this section as a ``State plan
modification'') (or other State request for funds specified
in guidance under subsection (b)) approved under subsection
(d) and to each outlying area and recipient under section
166(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2911(c)) (referred to in this section as a ``Native American
grantee'') that meets the requirements of this section, for
the purpose of providing summer employment and year-round
employment opportunities to low-income youth.
(b) Guidance and Application of Requirements.--
(1) Guidance.--Not later than 20 days after the date of
enactment of this title, 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) submission and approval for 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) (referred to
individually in this section as a ``local plan
modification''), or for such other forms of requests for
funds by local workforce investment areas as may be
identified in such guidance, that promote the expeditious and
effective implementation of the activities authorized under
this section; and
[[Page S74]]
(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 title, 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., 2931 et seq.) relating to youth activities.
(c) State Allotments.--
(1) Reservations for outlying areas and tribes.--Of the
funds described in subsection (a), the Secretary of Labor
shall reserve--
(A) not more than \1/4\ of 1 percent to provide assistance
to outlying areas to provide summer employment and year-round
employment opportunities to low-income youth; and
(B) 1.5 percent to provide assistance to Native American
grantees to provide summer employment and year-round
employment opportunities to low-income youth.
(2) States.--After determining the amounts to be reserved
under section 203(b) and paragraph (1), the Secretary of
Labor shall allot the remainder of the funds described in
subsection (a) among the States in accordance with the
subparagraphs (A), (B), and (C) of section 204(b)(2).
(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)(B), 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 the formula under paragraph (2) shall be
transferred within the Fund and added to the amounts
available for competitive grants under section 203(a)(3).
(d) State Plan Modification or Request.--
(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 States will apply
relating to the eligibility of low-income youth, consistent
with section 208, 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 the performance, consistent with guidance provided by
the Secretary of Labor regarding such outcomes and processes
and with section 207(b);
(D) a description of the timelines for implementation of
the 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 calendar quarter;
(E) assurances that the State 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;
(F) assurances that the State will ensure compliance with
the requirements, restrictions, labor standards, and other
provisions described in section 207(a); and
(G) for any employment opportunity that will provide
participants with an industry-recognized credential, a
description of the credential.
(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. The
State plan modification or other State request for funds may
be submitted in conjunction with the State plan required
under section 204(c).
(B) Approval.--The Secretary of Labor shall approve or
disapprove the State plan modification or request submitted
under subparagraph (A) within 30 days after submission. The
Secretary of Labor shall approve the modification or request
unless the Secretary determines that the modification or
request is inconsistent with the requirements of this
section. If the Secretary has not made a determination within
that 30-day period, the modification or request shall be
considered to be approved. If the modification or request is
disapproved, the Secretary may provide a reasonable period of
time in which the modification or request may be amended and
resubmitted for approval. If the modification 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 modification 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 subparagraphs (A), (B), and (C) of section 204(b)(2),
except that for purposes of such allocation references in
paragraph (2) or (3) of section 204(b) to a State 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 modification or request.--
(A) Submission.--In order to receive an allocation for a
local workforce investment area under paragraph (1)(B), the
local workforce investment board, in partnership with the
chief elected official for the local workforce investment
area, shall submit to the Governor, 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), a local plan modification, or
such other request for funds by local workforce investment
areas as may be specified in guidance under subsection (b),
describing the strategies and activities to be carried out
under this section.
(B) Approval.--The Governor shall approve or disapprove the
local plan modification or other local request for funds
submitted under subparagraph (A) within 30 days after
submission. The Governor shall approve the modification or
request unless the Governor determines that the modification
or request is inconsistent with the requirements of this
section. If the Governor has not made a determination within
that 30-day period, the modification or request shall be
considered to be approved. If the modification or request is
disapproved, the Governor may provide a reasonable period of
time in which the modification or request may be amended and
resubmitted for approval. If the modification 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)(A), or the Governor disapproves such a
modification or request, 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 subparagraph, 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 are
necessary to enable the youth to participate 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), to low-income youth, giving priority to out-of-
school youth who are--
(i) high school dropouts; or
(ii) recipients of a secondary school diploma or its
recognized equivalent but who are basic skills deficient,
unemployed, or underemployed.
(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 with an industry-recognized
credential.
(3) 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), States and local workforce investment
areas shall provide such reports as the Secretary of Labor
may require regarding the performance outcomes described in
section 207(b)(5).
(4) Limitation.--Not more than 10 percent of the funds
allocated to a local workforce
[[Page S75]]
investment area under subsection (e)(1)(B) may be used for
the costs of administration of this section.
SEC. 206. WORK-RELATED AND EDUCATIONAL STRATEGIES AND
ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.
(a) In General.--From the funds available under section
203(a)(3), the Secretary of Labor shall award grants on a
competitive basis to eligible entities to carry out work-
related and educational strategies and activities of
demonstrated effectiveness.
(b) 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 elected officials and workforce investment boards in the
region and in the State); or
(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); and
(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.
(c) Application.--To be eligible to receive a grant under
this section, an entity shall submit to the Secretary of
Labor 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 adults and low-income youth
with skills that will lead to employment upon completion of
participation related to such strategies and activities;
(2) describe the requirements that will apply relating to
the eligibility of unemployed, low-income adults or low-
income youth, consistent with section 208, for strategies and
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 under
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
with respect to the strategies and 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
strategies and 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 207(a);
and
(10) for any activity leading to the acquisition of an
industry-recognized credential, a description of the
credential.
(d) Priority in Awards.--In awarding grants under this
section, the Secretary of Labor 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.
(e) Use of Funds.--An entity that receives a grant under
this section shall use the funds made available through the
grant to support strategies and activities of demonstrated
effectiveness that are designed to provide unemployed, low-
income adults or low-income youth with skills that will lead
to employment as part of or upon completion of participation
with respect to such strategies and 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) strategies and 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) strategies and 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) strategies and 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 adults, that are tied to
employer workforce needs, hosted at community colleges or at
other sites, to prepare individuals for jobs that are in
demand in a local workforce investment area.
(f) 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.
SEC. 207. GENERAL REQUIREMENTS.
(a) Labor Standards and Protections.--Activities provided
with funds made available under this title 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) and the
nondiscrimination provisions of section 188 of such Act (29
U.S.C. 2938), in addition to other applicable Federal laws.
(b) Reporting.--The Secretary of Labor shall 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 title. At a minimum, recipients of grants
or subgrants under this title shall provide information
relating to--
(1) the number of individuals participating in activities
with funds provided under this title and the number of such
individuals who have completed such participation;
(2) the expenditures of funds provided under this title;
(3) the number of jobs created pursuant to the activities
carried out under this title;
(4) the demographic characteristics of individuals
participating in activities under this title; and
(5) the performance outcomes for individuals participating
in activities under this title, including--
(A) for adults participating in activities funded under
section 204, performance on indicators consisting of--
(i) entry into unsubsidized employment;
(ii) retention in unsubsidized employment; and
(iii) earnings in unsubsidized employment;
(B) for low-income youth participating in summer employment
activities under sections 205 and 206, performance on
indicators consisting of--
(i) work readiness skill attainment, using an employer-
validated checklist; and
(ii) placement in or return to secondary or postsecondary
education or training, or entry into unsubsidized employment;
(C) for low-income youth participating in year-round
employment activities under section 205 or in activities
under section 206, 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 unsubsidized employment, retention, and
earnings as described in subparagraph (A); and
(D) for unemployed, low-income adults participating in
activities under section 206--
(i) entry into unsubsidized employment, retention, and
earnings as described in subparagraph (A); and
(ii) attainment of an industry-recognized credential.
(c) Activities Required To Be Additional.--Funds provided
under this title 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 appropriate and prompt
implementation of the activities under this title.
(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)
and the evaluations of activities carried out with the funds
reserved under section 203(b).
SEC. 208. DEFINITIONS.
In this title:
(1) Chief elected official.--The term ``chief elected
official'' means the chief
[[Page S76]]
elected executive officer of a unit of general local
government in a local workforce investment area or, in the
case in which such an area includes more than one unit of
general local government, the individuals designated under an
agreement described in section 117(c)(1)(B) of the Workforce
Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
(2) Industry-recognized credential.--The term ``industry-
recognized credential'' means such a credential within the
meaning of section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(3) Local workforce investment area.--The term ``local
workforce investment area'' means such area designated under
section 116 of the Workforce Investment Act of 1998 (29
U.S.C. 2831).
(4) Local workforce investment board.--The term ``local
workforce investment board'' means such board established
under section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832).
(5) Low-income youth.--
(A) In general.--The term ``low-income youth'' means an
individual who is not younger than age 16 and not older than
age 24 and is an individual described in subparagraph (B) or
(C).
(B) Eligible youth.--For purposes of this paragraph, an
individual described in this subparagraph--
(i) 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)), except that--
(I) States and local workforce investment areas, subject to
approval in the applicable State and local plan modifications
and requests for funds, 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 205; and
(II) eligible entities described in section 206(b), 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 206; and
(ii) 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)).
(C) Youth eligible for school lunches.--For purposes of
this paragraph, an individual described in this subparagraph
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.).
(6) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Republic of Palau (except during any period for which the
Secretary of Labor determines that a Compact of Free
Association is in effect and provides for Federal assistance
for education or training).
(7) Poverty line.--The term ``poverty line'' means a
poverty line as defined in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), applicable to a
family of the size involved.
(8) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(9) Unemployed, low-income adult.--The term ``unemployed,
low-income adult'' means an individual who--
(A) is age 18 or older;
(B) is without employment and is seeking assistance under
this title 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)), except that--
(i) States and local entities described in section
204(d)(1)(A), subject to approval in the applicable State
plans and local plans described in subsection (c) or (d) of
section 204, or a State agency or agencies described in
section 204(d)(1)(B), subject to approval in the State plan
described in section 204, may increase the income level
specified in subparagraph (B)(i) of such section 101(25) to
an amount not in excess of 200 percent of the poverty line
for purposes of determining eligibility for participation in
activities under section 204; and
(ii) eligible entities described in section 206(b), 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 206.
______
SA 2609. Mr. COATS submitted an amendment intended to be proposed by
him to the bill S. 1845, to provide for the extension of certain
unemployment benefits, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE
REFUNDABLE PORTION OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to any
taxpayer for any taxable year unless the taxpayer includes
the taxpayer's Social Security number on the return of tax
for such taxable year.
``(B) Joint returns.--In the case of a joint return, the
requirement of subparagraph (A) shall be treated as met if
the Social Security number of either spouse is included on
such return.
``(C) Limitation.--Subparagraph (A) shall not apply to the
extent the tentative minimum tax (as defined in section
55(b)(1)(A)) exceeds the credit allowed under section 32.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(I) an omission of a correct Social Security number
required under section 24(d)(5) (relating to refundable
portion of child tax credit), or a correct TIN under section
24(e) (relating to child tax credit), to be included on a
return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of
the Internal Revenue Code of 1986 is amended by inserting
``With Respect to Qualifying Children'' after
``Identification Requirement'' in the heading thereof.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 2610. Mr. COATS submitted an amendment intended to be proposed by
him to the bill S. 1845, to provide for the extension of certain
unemployment benefits, and for other purposes; which was ordered to lie
on the table; as follows:
At the end, add the following:
SEC. 7. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE
BENEFITS IN A MONTH FOR WHICH UNEMPLOYMENT
COMPENSATION IS RECEIVED.
(a) In General.--Section 223(d)(4) of the Social Security
Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the
following:
``(C)(i) If for any month an individual is entitled to
unemployment compensation, such individual shall be deemed to
have engaged in substantial gainful activity for such month.
``(ii) For purposes of clause (i), the term `unemployment
compensation' means--
``(I) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by
section 205 of the Federal-State Extended Unemployment
Compensation Act (26 U.S.C. 3304 note)); and
``(II) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(b) Trial Work Period.--Section 222(c) of the Social
Security Act (42 U.S.C. 422(c)) is amended by adding at the
end the following:
``(6)(A) For purposes of this subsection, an individual
shall be deemed to have rendered services in a month if the
individual is entitled to unemployment compensation for such
month.
``(B) For purposes of subparagraph (A), the term
`unemployment compensation' means--
``(i) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by
section 205 of the Federal-State Extended Unemployment
Compensation Act (26 U.S.C. 3304 note)); and
``(ii) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(c) Data Matching.--The Commissioner of Social Security
shall implement the amendments made by this section using
appropriate electronic data.
(d) Effective Date.--The amendments made by this section
shall apply with respect to months after March 2014.
______
SA 2611. Mr. COATS submitted an amendment intended to be proposed by
him to the bill S. 1845, to provide for the extension of certain
unemployment benefits, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DELAY IN APPLICATION OF INDIVIDUAL HEALTH INSURANCE
MANDATE.
(a) In General.--Section 5000A(a) of the Internal Revenue
Code of 1986 is amended by striking ``2013'' and inserting
``2014''.
(b) Conforming Amendments.--
(1) Section 5000A(c)(2)(B) of the Internal Revenue Code of
1986 is amended--
(A) by striking ``2014'' in clause (i) and inserting
``2015'', and
(B) by striking ``2015'' in clauses (ii) and (iii) and
inserting ``2016''.
(2) Section 5000A(c)(3)(B) of such Code is amended--
(A) by striking ``2014'' and inserting ``2015'', and
(B) by striking ``2015'' (prior to amendment by
subparagraph (A)) and inserting ``2016''.
(3) Section 5000A(c)(3)(D) of such Code is amended--
(A) by striking ``2016'' and inserting ``2017'', and
(B) by striking ``2015'' and inserting ``2016''.
(4) Section 5000A(e)(1)(D) of such Code is amended--
(A) by striking ``2014'' and inserting ``2015'', and
(B) by striking ``2013'' and inserting ``2014''.
[[Page S77]]
(c) Effective Date.--The amendments made by this section
shall take effect as if included in section 1501 of the
Patient Protection and Affordable Care Act.
SEC. __. DELAY IN APPLICATION OF EMPLOYER HEALTH INSURANCE
MANDATE.
(a) In General.--Section 1513(d) of the Patient Protection
and Affordable Care Act is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
(b) Reporting Requirements.--
(1) Reporting by employers.--Section 1514(d) of the Patient
Protection and Affordable Care Act is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(2) Reporting by insurance providers.--Section 1502(e) of
the Patient Protection and Affordable Care Act is amended by
striking ``2013'' and inserting ``2014''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
Patient Protection and Affordable Care Act to which they
relate.
______
SA 2612. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 1845, to provide for the extension of certain
unemployment benefits, and for other purposes; which was ordered to lie
on the table; as follows:
At the end of the bill, add the following:
SEC. 7. SUPPORTING NEW BUSINESSES.
(a) Short Title.--This section may be cited as the
``Startup Act 3.0''.
(b) Findings.--Congress makes the following findings:
(1) Achieving economic recovery will require the formation
and growth of new companies.
(2) Between 1980 and 2005, companies less than 5 years old
accounted for nearly all net job creation in the United
States.
(3) New firms in the United States create an average of
3,000,000 jobs per year.
(4) To get Americans back to work, entrepreneurs must be
free to innovate, create new companies, and hire employees.
(c) Conditional Permanent Resident Status for Immigrants
With an Advanced Degree in a STEM Field.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 216A the following:
``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIENS
WITH AN ADVANCED DEGREE IN A STEM FIELD.
``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security may adjust the
status of not more than 50,000 aliens who have earned a
master's degree or a doctorate degree at an institution of
higher education in a STEM field to that of an alien
conditionally admitted for permanent residence and authorize
each alien granted such adjustment of status to remain in the
United States--
``(1) for up to 1 year after the expiration of the alien's
student visa under section 101(a)(15)(F)(i) if the alien is
diligently searching for an opportunity to become actively
engaged in a STEM field; and
``(2) indefinitely if the alien remains actively engaged in
a STEM field.
``(b) Application for Conditional Permanent Resident
Status.--Every alien applying for a conditional permanent
resident status under this section shall submit an
application to the Secretary of Homeland Security before the
expiration of the alien's student visa in such form and
manner as the Secretary shall prescribe by regulation.
``(c) Ineligibility for Federal Government Assistance.--An
alien granted conditional permanent resident status under
this section shall not be eligible, while in such status,
for--
``(1) any unemployment compensation (as defined in section
85(b) of the Internal Revenue Code of 1986); or
``(2) any Federal means-tested public benefit (as that term
is used in section 403 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
``(d) Effect on Naturalization Residency Requirement.--An
alien granted conditional permanent resident status under
this section shall be deemed to have been lawfully admitted
for permanent residence for purposes of meeting the 5-year
residency requirement set forth in section 316(a)(1).
``(e) Removal of Condition.--The Secretary of Homeland
Security shall remove the conditional basis of an alien's
conditional permanent resident status under this section on
the date that is 5 years after the date such status was
granted if the alien maintained his or her eligibility for
such status during the entire 5-year period.
``(f) Definitions.--In this section:
``(1) Actively engaged in a stem field.--The term `actively
engaged in a STEM field'--
``(A) means--
``(i) gainfully employed in a for-profit business or
nonprofit organization in the United States in a STEM field;
``(ii) teaching 1 or more STEM field courses at an
institution of higher education; or
``(iii) employed by a Federal, State, or local government
entity; and
``(B) includes any period of up to 6 months during which
the alien does not meet the requirement under subparagraph
(A) if such period was immediately preceded by a 1-year
period during which the alien met the requirement under
subparagraph (A).
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(3) STEM field.--The term `STEM field' means any field of
study or occupation included on the most recent STEM-
Designated Degree Program List published in the Federal
Register by the Department of Homeland Security (as described
in section 214.2(f)(11)(i)(C)(2) of title 8, Code of Federal
Regulations).''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 216A
the following:
``Sec. 216B. Conditional permanent resident status for aliens with an
advanced degree in a STEM field.''.
(d) Government Accountability Office Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report to Congress on the alien
college graduates granted immigrant status under section 216B
of the Immigration and Nationality Act, as added by
subsection (c).
(2) Contents.--The report described in paragraph (1) shall
include--
(A) the number of aliens described in paragraph (1) who
have earned a master's degree, broken down by the number of
such degrees in science, technology, engineering, and
mathematics;
(B) the number of aliens described in paragraph (1) who
have earned a doctorate degree, broken down by the number of
such degrees in science, technology, engineering, and
mathematics;
(C) the number of aliens described in paragraph (1) who
have founded a business in the United States in a STEM field;
(D) the number of aliens described in paragraph (1) who are
employed in the United States in a STEM field, broken down by
employment sector (for profit, nonprofit, or government); and
(E) the number of aliens described in paragraph (1) who are
employed by an institution of higher education.
(3) Definitions.--In this subsection, the terms
``institution of higher education'' and ``STEM field'' have
the meaning given such terms in section 216B(f) of the
Immigration and Nationality Act, as added by subsection (c).
(e) Immigrant Entrepreneurs.--
(1) Qualified alien entrepreneurs.--
(A) Admission as immigrants.--Chapter 1 of title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is
amended by adding at the end the following:
``SEC. 210A. QUALIFIED ALIEN ENTREPRENEURS.
``(a) Admission as Immigrants.--The Secretary of Homeland
Security, in accordance with the provisions of this section
and section 216A, may issue a conditional immigrant visa to
not more than 75,000 qualified alien entrepreneurs.
``(b) Application for Conditional Permanent Resident
Status.--Every alien applying for a conditional immigrant
visa under this section shall submit an application to the
Secretary of Homeland Security in such form and manner as the
Secretary shall prescribe by regulation.
``(c) Revocation.--If, during the 4-year period beginning
on the date that an alien is granted a visa under this
section, the Secretary of Homeland Security determines that
such alien is no longer a qualified alien entrepreneur, the
Secretary shall--
``(1) revoke such visa; and
``(2) notify the alien that the alien--
``(A) may voluntarily depart from the United States in
accordance to section 240B; or
``(B) will be subject to removal proceedings under section
240 if the alien does not depart from the United States not
later than 6 months after receiving such notification.
``(d) Removal of Conditional Basis.--The Secretary of
Homeland Security shall remove the conditional basis of the
status of an alien issued an immigrant visa under this
section on that date that is 4 years after the date on which
such visa was issued if such visa was not revoked pursuant to
subsection (c).
``(e) Definitions.--In this section:
``(1) Full-time employee.--The term `full-time employee'
means a United States citizen or legal permanent resident who
is paid by the new business entity registered by a qualified
alien entrepreneur at a rate that is comparable to the median
income of employees in the region.
``(2) Qualified alien entrepreneur.--The term `qualified
alien entrepreneur' means an alien who--
``(A) at the time the alien applies for an immigrant visa
under this section--
``(i) is lawfully present in the United States; and
``(ii)(I) holds a nonimmigrant visa pursuant to section
101(a)(15)(H)(i)(b); or
``(II) holds a nonimmigrant visa pursuant to section
101(a)(15)(F)(i);
``(B) during the 1-year period beginning on the date the
alien is granted a visa under this section--
``(i) registers at least 1 new business entity in a State;
[[Page S78]]
``(ii) employs, at such business entity in the United
States, at least 2 full-time employees who are not relatives
of the alien; and
``(iii) invests, or raises capital investment of, not less
than $100,000 in such business entity; and
``(C) during the 3-year period beginning on the last day of
the 1-year period described in paragraph (2), employs, at
such business entity in the United States, an average of at
least 5 full-time employees who are not relatives of the
alien.''.
(B) Table of contents amendment.--The table of contents in
the first section of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by adding after the item
relating to section 210 the following:
``Sec. 210A. Qualified alien entrepreneurs.''.
(2) Conditional permanent resident status.--Section 216A of
the Immigration and Nationality Act (8 U.S.C. 1186b) is
amended--
(A) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(B) in subsection (b)(1)(C), by striking ``203(b)(5),'' and
inserting ``203(b)(5) or 210A, as appropriate,'';
(C) in subsection (c)(1), by striking ``alien entrepreneur
must'' each place such term appears and inserting ``alien
entrepreneur shall'';
(D) in subsection (d)(1)(B), by striking the period at the
end and inserting ``or 210A, as appropriate.''; and
(E) in subsection (f)(1), by striking the period at the end
and inserting ``or 210A.''.
(f) Government Accountability Office Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report to Congress on the
qualified alien entrepreneurs granted immigrant status under
section 210A of the Immigration and Nationality Act, as added
by subsection (e).
(2) Contents.--The report described in paragraph (1) shall
include information regarding--
(A) the number of qualified alien entrepreneurs who have
received immigrant status under section 210A of the
Immigration and Nationality Act, listed by country of origin;
(B) the localities in which such qualified alien
entrepreneurs have initially settled;
(C) whether such qualified alien entrepreneurs generally
remain in the localities in which they initially settle;
(D) the types of commercial enterprises that such qualified
alien entrepreneurs have established; and
(E) the types and number of jobs created by such qualified
alien entrepreneurs.
(g) Elimination of the Per-country Numerical Limitation for
Employment-based Visas.--
(1) In general.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(A) in the paragraph heading, by striking ``and employment-
based'';
(B) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(C) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(D) by striking ``7'' and inserting ``15''; and
(E) by striking ``such subsections'' and inserting ``such
section''.
(2) Conforming amendments.--Section 202 of the Immigration
and Nationality Act (8 U.S.C. 1152) is amended--
(A) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section
203(a)'';
(B) by striking subsection (a)(5); and
(C) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under section 203(a) to natives of any single
foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year,
in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to
natives of that state or area shall be allocated (to the
extent practicable and otherwise consistent with this section
and section 203) in a manner so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made
available under each of paragraphs (1) through (4) of section
203(a) is equal to the ratio of the total number of visas
made available under the respective paragraph to the total
number of visas made available under section 203(a).''.
(3) Country-specific offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(A) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(B) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(4) Effective date.--The amendments made by this
subsection--
(A) shall take effect as if enacted on September 30, 2012;
and
(B) shall apply to fiscal years beginning with fiscal year
2013.
(h) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the
following rules shall apply:
(A) For fiscal year 2013, 15 percent of the immigrant visas
made available under each of paragraphs (2) and (3) of
section 203(b) of such Act (8 U.S.C. 1153(b)) shall be
allotted to immigrants who are natives of a foreign state or
dependent area that was not one of the two states with the
largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2011 under such paragraphs.
(B) For fiscal year 2014, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that was not one of the two states with the
largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2012 under such paragraphs.
(C) For fiscal year 2015, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that was not one of the two states with the
largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2013 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas reserved
under each of subparagraphs (A) through (C) of paragraph (1),
the number of such visas made available to natives of any
single foreign state or dependent area in the appropriate
fiscal year may not exceed 25 percent (in the case of a
single foreign state) or 2 percent (in the case of a
dependent area) of the total number of such visas.
(B) Unreserved visas.--With respect to the immigrant visas
made available under each of paragraphs (2) and (3) of
section 203(b) of such Act (8 U.S.C. 1153(b)) and not
reserved under paragraph (1), for each of fiscal years 2013,
2014, and 2015, not more than 85 percent shall be allotted to
immigrants who are natives of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2013, 2014, or 2015, the operation of
paragraphs (1) and (2) of this subsection would prevent the
total number of immigrant visas made available under
paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) from being issued, such visas may be issued during
the remainder of such fiscal year without regard to
paragraphs (1) and (2) of this subsection.
(4) Rules for chargeability.--Section 202(b) of the
Immigration and Nationality Act (8 U.S.C. 1152(b)) shall
apply in determining the foreign state to which an alien is
chargeable for purposes of this subsection.
(i) Capital Gains Tax Exemption for Startup Companies.--
(1) Permanent full exclusion.--
(A) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Exclusion.--In the case of a taxpayer other than a
corporation, gross income shall not include 100 percent of
any gain from the sale or exchange of qualified small
business stock held for more than 5 years.''.
(B) Conforming amendments.--
(i) The heading for section 1202 of such Code is amended by
striking ``partial''.
(ii) The item relating to section 1202 in the table of
sections for part I of subchapter P of chapter 1 of such Code
is amended by striking ``Partial exclusion'' and inserting
``Exclusion''.
(iii) Section 1223(13) of such Code is amended by striking
``1202(a)(2),''.
(2) Repeal of minimum tax preference.--
(A) In general.--Subsection (a) of section 57 of the
Internal Revenue Code of 1986 is amended by striking
paragraph (7).
(B) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(3) Repeal of 28 percent capital gains rate on qualified
small business stock.--
(A) In general.--Subparagraph (A) of section 1(h)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(A) collectibles gain, over''.
(B) Conforming amendments.--
(i) Section 1(h) of such Code is amended by striking
paragraph (7).
(ii)(I) Section 1(h) of such Code is amended by
redesignating paragraphs (8), (9), (10), (11), (12), and (13)
as paragraphs (7), (8), (9), (10), (11), and (12),
respectively.
(II) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such
Code are each amended by striking ``section 1(h)(11)(B)'' and
inserting ``section 1(h)(10)(B)''.
(III) The following sections of such Code are each amended
by striking ``section 1(h)(11)'' and inserting ``section
1(h)(10)'':
(aa) Section 301(f)(4).
(bb) Section 306(a)(1)(D).
(cc) Section 584(c).
(dd) Section 702(a)(5).
(ee) Section 854(a).
(ff) Section 854(b)(2).
(IV) The heading of section 857(c)(2) is amended by
striking ``1(h)(11)'' and inserting ``1(h)(10)''.
(4) Effective date.--The amendments made by this subsection
shall apply to stock acquired after December 31, 2013.
(j) Research Credit for Startup Companies.--
(1) In general.--
(A) In general.--Section 41 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(i) Treatment of Credit to Qualified Small Businesses.--
``(1) In general.--At the election of a qualified small
business, the payroll tax credit portion of the credit
determined under
[[Page S79]]
subsection (a) shall be treated as a credit allowed under
section 3111(f) (and not under this section).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) for any taxable year is so
much of such credit as does not exceed $250,000.
``(3) Qualified small business.--For purposes of this
subsection--
``(A) In general.--The term `qualified small business'
means, with respect to any taxable year--
``(i) a corporation, partnership, or S corporation if--
``(I) the gross receipts (as determined under subsection
(c)(7)) of such entity for the taxable year is less than
$5,000,000, and
``(II) such entity did not have gross receipts (as so
determined) for any period preceding the 5-taxable-year
period ending with such taxable year, and
``(ii) any person not described in subparagraph (A) if
clauses (i) and (ii) of subparagraph (A) applied to such
person, determined--
``(I) by substituting `person' for `entity' each place it
appears, and
``(II) in the case of an individual, by only taking into
account the aggregate gross receipts received by such
individual in carrying on trades or businesses of such
individual.
``(B) Limitation.--Such term shall not include an
organization which is exempt from taxation under section 501.
``(4) Election.--
``(A) In general.--In the case of a partnership or S
corporation, an election under this subsection shall be made
at the entity level.
``(B) Revocation.--An election under this subsection may
not be revoked without the consent of the Secretary.
``(C) Limitation.--A taxpayer may not make an election
under this subsection if such taxpayer has made an election
under this subsection for 5 or more preceding taxable years.
``(5) Aggregation rules.--For purposes of determining the
$250,000 limitation under paragraph (2) and determining gross
receipts under paragraph (3), all members of the same
controlled group of corporations (within the meaning of
section 267(f)) and all persons under common control (within
the meaning of section 52(b) but determined by treating an
interest of more than 50 percent as a controlling interest)
shall be treated as 1 person.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the purposes
of paragraph (3) through the use of successor companies or
other means,
``(B) regulations to minimize compliance and recordkeeping
burdens under this subsection for start-up companies, and
``(C) regulations for recapturing the benefit of credits
determined under section 3111(f) in cases where there is a
subsequent adjustment to the payroll tax credit portion of
the credit determined under subsection (a), including
requiring amended returns in the cases where there is such an
adjustment.''.
(B) Conforming amendment.--Section 280C(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(5) Treatment of qualified small business credit.--For
purposes of determining the amount of any credit under
section 41(a) under this subsection, any election under
section 41(i) shall be disregarded.''.
(2) Credit allowed against fica taxes.--
(A) In general.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Credit for Research Expenditures of Qualified Small
Businesses.--
``(1) In general.--In the case of a qualified small
business which has made an election under section 41(i),
there shall be allowed as a credit against the tax imposed by
subsection (a) on wages paid with respect to the employment
of all employees of the qualified small business for days in
an applicable calendar quarter an amount equal to the payroll
tax credit portion of the research credit determined under
section 41(a).
``(2) Carryover of unused credit.--In any case in which the
payroll tax credit portion of the research credit determined
under section 41(a) exceeds the tax imposed under subsection
(a) for an applicable calendar quarter--
``(A) the succeeding calendar quarter shall be treated as
an applicable calendar quarter, and
``(B) the amount of credit allowed under paragraph (1)
shall be reduced by the amount of credit allowed under such
paragraph for all preceding applicable calendar quarters.
``(3) Allocation of credit for controlled groups, etc.--In
determining the amount of the credit under this subsection--
``(A) all persons treated as a single taxpayer under
section 41 shall be treated as a single taxpayer under this
section, and
``(B) the credit (if any) allowable by this section to each
such member shall be its proportionate share of the qualified
research expenses, basic research payments, and amounts paid
or incurred to energy research consortiums, giving rise to
the credit allowable under section 41.
``(4) Definitions.--For purposes of this subsection--
``(A) Applicable calendar quarter.--The term `applicable
calendar quarter' means--
``(i) the first calendar quarter following the date on
which the qualified small business files a return under
section 6012 for the taxable year for which the payroll tax
credit portion of the research credit under section 41(a) is
determined, and
``(ii) any succeeding calendar quarter treated as an
applicable calendar quarter under paragraph (2)(A).
``For purposes of determining the date on which a return is
filed, rules similar to the rules of section 6513 shall
apply.
``(B) Other terms.--Any term used in this subsection which
is also used in section 41 shall have the meaning given such
term under section 41.''.
(B) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal
Old-Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
amendments made by paragraph (1). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to
such Trust Fund had such amendments not been enacted.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2012.
(k) Accelerated Commercialization of Taxpayer-funded
Research.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the Advisory
Council on Innovation and Entrepreneurship of the Department
of Commerce established pursuant to section 25(c) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3720(c)).
(B) Extramural budget.--The term ``extramural budget''
means the sum of the total obligations minus amounts
obligated for such activities by employees of the agency in
or through Government-owned, Government-operated facilities,
except that for the Department of Energy it shall not include
amounts obligated for atomic energy defense programs solely
for weapons activities or for naval reactor programs, and
except that for the Agency for International Development it
shall not include amounts obligated solely for general
institutional support of international research centers or
for grants to foreign countries.
(C) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(D) Research or research and development.--The term
``research'' or ``research and development'' means any
activity that is--
(i) a systematic, intensive study directed toward greater
knowledge or understanding of the subject studied;
(ii) a systematic study directed specifically toward
applying new knowledge to meet a recognized need; or
(iii) a systematic application of knowledge toward the
production of useful materials, devices, and systems or
methods, including design, development, and improvement of
prototypes and new processes to meet specific requirements.
(E) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) Grant program authorized.--
(A) In general.--Each Federal agency that has an extramural
budget for research or research and development that is in
excess of $100,000,000 for each of fiscal years 2014 through
2018, shall transfer 0.15 percent of such extramural budget
for each of such fiscal years to the Secretary to enable the
Secretary to carry out a grant program in accordance with
this paragraph.
(B) Grants.--
(i) Awarding of grants.--
(I) In general.--From funds transferred under subparagraph
(A), the Secretary shall use the criteria developed by the
Council to award grants to institutions of higher education,
including consortia of institutions of higher education, for
initiatives to improve commercialization and transfer of
technology.
(II) Request for proposals.--Not later than 30 days after
the Council submits the recommendations for criteria to the
Secretary under paragraph (3)(B)(i), and annually thereafter
for each fiscal year for which the grant program is
authorized, the Secretary shall release a request for
proposals.
(III) Applications.--Each institution of higher education
that desires to receive a grant under this subsection shall
submit an application to the Secretary not later than 90 days
after the Secretary releases the request for proposals under
subclause (II).
(IV) Council review.--
(aa) In general.--The Secretary shall submit each
application received under subclause (III) to the Council for
Council review.
(bb) Recommendations.--The Council shall review each
application received under item (aa) and submit
recommendations for grant awards to the Secretary, including
funding recommendations for each proposal.
(cc) Public release.--The Council shall publicly release
any recommendations made under item (bb).
[[Page S80]]
(dd) Consideration of recommendations.--In awarding grants
under this subsection, the Secretary shall take into
consideration the recommendations of the Council under item
(bb)).
(ii) Commercialization capacity building grants.--
(I) In general.--The Secretary shall award grants to
support institutions of higher education pursuing specific
innovative initiatives to improve an institution's capacity
to commercialize faculty research that can be widely adopted
if the research yields measurable results.
(II) Content of proposals.--Grants shall be awarded under
this clause to proposals demonstrating the capacity for
accelerated commercialization, proof-of-concept proficiency,
and translating scientific discoveries and cutting-edge
inventions into technological innovations and new companies.
In particular, grant funds shall seek to support innovative
approaches to achieving these goals that can be replicated by
other institutions of higher education if the innovative
approaches are successful.
(iii) Commercialization accelerator grants.--The Secretary
shall award grants to support institutions of higher
education pursuing initiatives that allow faculty to directly
commercialize research in an effort to accelerate research
breakthroughs. The Secretary shall prioritize those
initiatives that have a management structure that encourages
collaboration between other institutions of higher education
or other entities with demonstrated proficiency in creating
and growing new companies based on verifiable metrics.
(C) Assessment of success.--Grants awarded under this
paragraph shall use criteria for assessing the success of
programs through the establishment of benchmarks.
(D) Termination.--The Secretary shall have the authority to
terminate grant funding to an institution of higher education
in accordance with the process and performance metrics
recommended by the Council.
(E) Limitations.--
(i) Project management costs.--A grant recipient may use
not more than 10 percent of grant funds awarded under this
paragraph for the purpose of funding project management costs
of the grant program.
(ii) Supplement, not supplant.--An institution of higher
education that receives a grant under this paragraph shall
use the grant funds to supplement, and not supplant, non-
Federal funds that would, in the absence of such grant funds,
be made available for activities described in this
subsection.
(F) Unspent funds.--Any funds transferred to the Secretary
under subparagraph (A) for a fiscal year that are not
expended by the end of such fiscal year may be expended in
any subsequent fiscal year through fiscal year 2018. Any
funds transferred under subparagraph (A) that are remaining
at the end of the grant program's authorization under this
subsection shall be transferred to the Treasury for deficit
reduction.
(3) Council.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Council shall convene and
develop recommendations for criteria in awarding grants to
institutions of higher education under paragraph (2).
(B) Submission to commerce and publicly released.--The
Council shall--
(i) submit the recommendations described in subparagraph
(A) to the Secretary; and
(ii) release the recommendations to the public.
(C) Majority vote.--The recommendations submitted by the
Council under subparagraph (A) shall be determined by a
majority vote of Council members.
(D) Performance metrics.--The Council shall develop and
provide to the Secretary recommendations on performance
metrics to be used to evaluate grants awarded under paragraph
(2).
(E) Evaluation.--
(i) In general.--Not later than 180 days before the date on
which the grant program authorized under paragraph (2)
expires, the Council shall conduct an evaluation of the
effect that the grant program is having on accelerating the
commercialization of faculty research.
(ii) Inclusions.--The evaluation shall include--
(I) the recommendation of the Council as to whether the
grant program should be continued or terminated;
(II) quantitative data related to the effect, if any, that
the grant program has had on faculty research
commercialization; and
(III) a description of lessons learned in administering the
grant program, and how those lessons could be applied to
future efforts to accelerate commercialization of faculty
research.
(iii) Availability.--Upon completion of the evaluation, the
evaluation shall be made available on a public website and
submitted to Congress. The Secretary shall notify all
institutions of higher education when the evaluation is
published and how it can be accessed.
(4) Construction.--Nothing in this subsection may be
construed to alter, modify, or amend any provision of chapter
18 of title 35, United States Code (commonly known as the
``Bayh-Dole Act'').
(l) Economic Impact of Significant Federal Agency Rules.--
Section 553 of title 5, United States Code, is amended by
adding at the end the following:
``(f) Required Review Before Issuance of Significant
Rules.--
``(1) In general.--Before issuing a notice of proposed
rulemaking in the Federal Register regarding the issuance of
a proposed significant rule, the head of the Federal agency
or independent regulatory agency seeking to issue the rule
shall complete a review, to the extent permitted by law,
that--
``(A) analyzes the problem that the proposed rule intends
to address, including--
``(i) the specific market failure, such as externalities,
market power, or lack of information, that justifies such
rule; or
``(ii) any other specific problem, such as the failures of
public institutions, that justifies such rule;
``(B) analyzes the expected impact of the proposed rule on
the ability of new businesses to form and expand;
``(C) identifies the expected impact of the proposed rule
on State, local, and tribal governments, including the
availability of resources--
``(i) to carry out the mandates imposed by the rule on such
government entities; and
``(ii) to minimize the burdens that uniquely or
significantly affect such governmental entities, consistent
with achieving regulatory objectives;
``(D) identifies any conflicting or duplicative
regulations;
``(E) determines--
``(i) if existing laws or regulations created, or
contributed to, the problem that the new rule is intended to
correct; and
``(ii) if the laws or regulations referred to in clause (i)
should be modified to more effectively achieve the intended
goal of the rule; and
``(F) includes the cost-benefit analysis described in
paragraph (2).
``(2) Cost-benefit analysis.--A cost-benefit analysis
described in this paragraph shall include--
``(A)(i) an assessment, including the underlying analysis,
of benefits anticipated from the proposed rule, such as--
``(I) promoting the efficient functioning of the economy
and private markets;
``(II) enhancing health and safety;
``(III) protecting the natural environment; and
``(IV) eliminating or reducing discrimination or bias; and
``(ii) the quantification of the benefits described in
clause (i), to the extent feasible;
``(B)(i) an assessment, including the underlying analysis,
of costs anticipated from the proposed rule, such as--
``(I) the direct costs to the Federal Government to
administer the rule;
``(II) the direct costs to businesses and others to comply
with the rule; and
``(III) any adverse effects on the efficient functioning of
the economy, private markets (including productivity,
employment, and competitiveness), health, safety, and the
natural environment; and
``(ii) the quantification of the costs described in clause
(i), to the extent feasible;
``(C)(i) an assessment, including the underlying analysis,
of costs and benefits of potentially effective and reasonably
feasible alternatives to the proposed rule, which have been
identified by the agency or by the public, including taking
reasonably viable nonregulatory actions; and
``(ii) an explanation of why the proposed rule is
preferable to the alternatives identified under clause (i).
``(3) Report.--Before issuing a notice of proposed
rulemaking in the Federal Register regarding the issuance of
a proposed significant rule, the head of the Federal agency
or independent regulatory agency seeking to issue the rule
shall--
``(A) submit the results of the review conducted under
paragraph (1) to the appropriate congressional committees;
and
``(B) post the results of the review conducted under
paragraph (1) on a publicly available website.
``(4) Judicial review.--Any determinations made, or other
actions taken, by an agency or independent regulatory agency
under this subsection shall not be subject to judicial
review.
``(5) Defined term.--In this subsection the term
`significant rule' means a rule that is likely to--
``(A) have an annual effect on the economy of $100,000,000
or more;
``(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; or
``(C) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency.''.
(m) Biennial State Startup Business Report.--
(1) Data collection.--The Secretary of Commerce shall
regularly compile information from each of the 50 States and
the District of Columbia on State laws that affect the
formation and growth of new businesses within the State or
District.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, and every 2 years thereafter, the
Secretary, using data compiled under paragraph (1), shall
prepare a report that--
(A) analyzes the economic effect of State and District laws
that either encourage or inhibit business formation and
growth; and
(B) ranks the States and the District based on the
effectiveness with which their laws foster new business
creation and economic growth.
(3) Distribution.--The Secretary shall--
[[Page S81]]
(A) submit each report prepared under paragraph (1) to
Congress; and
(B) make each report available to the public on the website
of the Department of Commerce.
(4) Inclusion of large metropolitan areas.--Not later than
90 days after the submission of the first report under this
subsection, the Secretary of Commerce shall submit a study to
Congress on the feasibility and advisability of including, in
future reports, information about the effect of local laws
and ordinances on the formation and growth of new businesses
in large metropolitan areas within the United States.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(n) New Business Formation Report.--
(1) In general.--The Secretary of Commerce shall regularly
compile quantitative and qualitative information on
businesses in the United States that are not more than 1 year
old.
(2) Data collection.--The Secretary shall--
(A) regularly compile information from the Bureau of the
Census' business register on new business formation in the
United States; and
(B) conduct quarterly surveys of business owners who start
a business during the 1-year period ending on the date on
which such survey is conducted to gather qualitative
information about the factors that influenced their decision
to start the business.
(3) Random sampling.--In conducting surveys under paragraph
(2)(B), the Secretary may use random sampling to identify a
group of business owners who are representative of all the
business owners described in paragraph (2)(B).
(4) Benefits.--The Secretary shall inform business owners
selected to participate in a survey conducted under this
subsection of the benefits they would receive from
participating in the survey.
(5) Voluntary participation.--Business owners selected to
participate in a survey conducted under this subsection may
decline to participate without penalty.
(6) Report.--Not later than 18 months after the date of the
enactment of this Act, and every 3 months thereafter, the
Secretary shall use the data compiled under paragraph (2) to
prepare a report that--
(A) lists the aggregate number of new businesses formed in
the United States;
(B) lists the aggregate number of persons employed by new
businesses formed in the United States;
(C) analyzes the payroll of new businesses formed in the
United States;
(D) summarizes the data collected under paragraph (2); and
(E) identifies the most effective means by which government
officials can encourage the formation and growth of new
businesses in the United States.
(7) Distribution.--The Secretary shall--
(A) submit each report prepared under paragraph (6) to
Congress; and
(B) make each report available to the public on the website
of the Department of Commerce.
(8) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(o) Rescission of Unspent Federal Funds.--
(1) In general.--Notwithstanding any other provision of
law, of all available unobligated funds for fiscal year 2013,
the amount necessary to carry out this section and the
amendments made by this section in appropriated discretionary
funds are hereby rescinded.
(2) Implementation.--The Director of the Office of
Management and Budget shall determine and identify from which
appropriation accounts the rescission under paragraph (1)
shall apply and the amount of such rescission that shall
apply to each such account. Not later than 60 days after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall submit a report to the
Secretary of the Treasury and Congress of the accounts and
amounts determined and identified for rescission under the
preceding sentence.
____________________