United States · United States Congress · 29 January 2013
Assault Weapons Ban of 2013 - Amends the federal criminal code to ban the import, sale, manufacture, transfer, or possession of a semiautomatic assault weapon, including: a semiautomatic rifle that can accept a detachable magazine and has any one of the following characteristics: (1) a pistol grip; (2) a forward grip; (3) a folding, telescoping, or detachable stock; (4) a grenade or rocket launcher; (5) a barrel shroud; or (6) a threaded barrel; a semiautomatic rife or pistol with a fixed magazine that can accept more than 10 rounds; a semiautomatic pistol that can accept a detachable magazine and has any one of the following characteristics: (1) a threaded barrel, (2) a second pistol grip, (3) a barrel shroud; (4) the capacity to accept a detachable magazine at some location outside of the pistol grip, or (5) a semiautomatic version of an automatic firearm; a semiautomatic shotgun that has any one of the following characteristics: (1) a folding, telescoping, or detachable stock; (2) a pistol grip; (3) a fixed magazine that can accept more than five rounds; (4) the ability to accept a detachable magazine; (5) a forward grip; or (6) a grenade or rocket launcher; a shotgun with a revolving cylinder; firearms that are specifically listed as prohibited by this Act and copies, duplicates, variants, or altered facsimiles with the capability of any such weapon; all belt-fed semiautomatic firearms; any combination of parts from which any such prohibited firearm can be assembled; and the frame or receiver of a prohibited rifle or shotgun. Excludes from such ban any semiautomatic assault weapon that: (1) is lawfully possessed on the date of enactment of this Act (grandfathered weapon); (2) is manually operated by bolt, pump, lever, or slide action; (3) has been rendered permanently inoperable; (4) is an antique firearm; or (5) is used for law enforcement or security purposes or for testing or experimentation authorized by the Attorney General. Identifies, by make and model, firearms that are specifically exempted from the ban imposed by this Act. Requires the Attorney General to establish and maintain a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under federal or state law. Makes it unlawful to: (1) import, sell, manufacture, transfer, or possess a large capacity ammunition feeding device (generally, a device that can accept more than 10 rounds of ammunition); or (2) store or keep any grandfathered semiautomatic weapon that may become accessible by an individual who is prohibited from receiving or possessing such a weapon. Requires identification markings (i.e., serial number and the date of manufacture) on semiautomatic assault weapons and large capacity ammunition feeding devices. Provides for the seizure and forfeiture of prohibited large capacity ammunition feeding devices. Makes it unlawful for an unlicensed individual to transfer a grandfathered semiautomatic weapon to another unlicensed individual, unless a licensed importer, manufacturer, or dealer: (1) has first taken custody of the weapon for the purpose of complying with existing background check requirements; and (2) upon taking custody, complies with all firearms requirements as if the licensee were transferring the weapon from the licensee's inventory to the unlicensed transferee. Sets forth exceptions. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow the use of Edward Byrne Memorial Justice Assistance Grant Program funds to pay compensation to individuals who surrender semiautomatic assault weapons and large capacity ammunition feeding devices under a buy-back program.
United States · United States Congress · 23 January 2013
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to commemorate the lives of Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley (children who lost their lives in the September 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama, an incident recognized as a catalyst for the civil rights movement). Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medals, with amounts received from the sale to be deposited in the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 23 January 2013
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [ sic ] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.
United States · United States Congress · 23 January 2013
Sexual Assault Forensic Evidence Reporting Act of 2013 or the SAFER Act of 2013 - Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to: (1) conduct audits of samples of sexual assault evidence that are awaiting testing; and (2) ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes is carried out in an appropriate and timely manner and in accordance with specified protocols and practices. Requires not less than 5% but not more than 7% of Debbie Smith grant funds distributed in FY2014-FY2017 to be awarded for such audits if sufficient applications to justify such amounts are received by the Attorney General, provided such award doesn't decrease funds for other distribution requirements. Authorizes the Attorney General to award such a grant to a state or local government for auditing sexual assault evidence backlogs only if the recipient submits a plan for performing the audit and includes a good-faith estimate of the number of such samples. Sets forth provisions regarding grant conditions, including requirements that: (1) the government complete the audit within one year, assign a unique numeric or alphanumeric identifier to each sample awaiting testing, and identify any statutory deadlines for prosecuting a perpetrator to which a sample relates; and (2) the chief law enforcement officer of the state or local government be the individual responsible for compliance with reporting requirements. Requires a grant recipient, at least every 60 days for 12 months after completing an initial count of the samples awaiting testing, to submit a report to the Department of Justice (DOJ) on the number of samples: (1) that such government has determined should undergo testing, (2) that such government has determined should not undergo testing, (3) that have been submitted for testing, and (4) for which testing has been completed. Directs the Attorney General to publish such reports and to ensure that any information published does not include information that might lead to the identification of the individuals involved. Requires the Director of the Federal Bureau of Investigation (FBI) to: (1) develop and publish a description of protocols and practices appropriate for the accurate, timely, and effective collection and processing of DNA evidence; and (2) make available technical assistance and training to support states and local governments in adopting and implementing such protocols and practices. Requires the Attorney General, to submit to Congress an annual report that: (1) lists the states and local governments awarded grants and the amount received by each, (2) states the number of audit deadline extensions granted by the Attorney General, and (3) summarizes the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports. Requires, for each fiscal year through FY2018, that not less than 75% of Debbie Smith grant amounts be awarded to: (1) carry out, for inclusion in the Combined DNA Index System, DNA analyses of samples collected under applicable legal authority and of samples collected from crime scenes; and (2) increase the capacity of state or local government laboratories to carry out DNA analyses. Requires the DOJ Inspector General to conduct audits of all grants under this Act to prevent waste, fraud, and abuse by grantees. Makes a grant recipient found to have an unresolved audit finding ineligible to receive grants under this Act for two fiscal years. Directs the Attorney General to give priority in awarding grants to eligible entities that, during the three prior fiscal years, did not have an unresolved audit finding showing a violation of a DOJ grant program. Prohibits the Attorney General from awarding a grant under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying tax on certain unrelated business income. Limits the use of amounts authorized to be appropriated under this Act for DOJ salaries and administrative expenses, for conferences, or for lobbying any representative of a government regarding the award of grant funding. Sunsets specified provisions of this Act regarding Debbie Smith grants for auditing sexual assault evidence backlogs on December 31, 2018.
United States · United States Congress · 23 January 2013
Voter Empowerment Act of 2013 - Voter Registration Modernization Act of 2013 - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Authorizes automated voter registration of certain individuals and establishes other initiatives to promote voter registration, such as same day registration and voter registration of individuals under 18 years of age. Amends the federal criminal code to prohibit hindering, interfering with, or preventing voter registration. Amends the Help America Vote Act of 2002 (HAVA) to establish requirements for states to promote access to voter registration and voting for individuals with disabilities, including a single office for providing related information. Directs the Election Assistance Commission (EAC) to make grants to eligible states to conduct pilot programs enabling individuals with disabilities to register to vote and vote privately and independently at their own residences (including by telephone). Amends HAVA to reauthorize the program of grants to state and local governments to assure voting access for individuals with disabilities. Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any federal election (voter caging), or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote, or (4) any other evidence so designated by the Commission. Amends the federal criminal code to prohibit a person, including an election official, from knowingly and willfully attempting to or depriving or defrauding the residents of a state of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent. Increases the penalty for voter intimidation. Declares that the right of an individual U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless he or she is serving a felony sentence in a correctional institution at the time of the election. Prescribes enforcement of this right by public or private civil action. Requires each state to notify in writing any individual convicted of a criminal offense under state law, upon release from state custody or upon sentence to probation, that he or she has the right to vote in a federal election and so may register to vote. Voter Confidence and Increased Accessibility Act of 2013 - Amends HAVA to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record. Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved. Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy. Prescribes requirements for: (1) publication of poll tapes, (2) treatment of ballots cast at early voting sites and of absentee ballots, and (3) the counting of provisional ballots that will be treated as votes. Prescribes laboratory conflict-of-interest requirements and prohibitions. Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software. Requires each state, except when the winning candidate had no opponent or received 80% or more of the votes, to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots. Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to EAC for publication. Prohibits certification of the results of any election until completion of audits. Amends HAVA to: (1) add requirements for counting provisional ballots, (2) require each state to allow early voting and facilitate the ability of voters to vote by mail. Amends the Servicemembers Civil Relief Act to extend the guarantee of voting residency to family members of absent military personnel. Amends the Uniformed and Overseas Citizens Absentee Voting Act with respect to pre-election reports on availability and transmission of absentee ballots. Revises the 45-day absentee ballot transmission rule. Permits use of a single absentee ballot application for subsequent elections. Entitles to leave a federal employee who serves as a poll worker. Directs the EAC to: (1) make a grant to each eligible state for poll-worker recruitment and training, and (2) develop materials for a model state poll worker training program. Amends HAVA to make available to any person aggrieved by a violation of uniform and nondiscriminatory election technology and administration requirements the option to file a complaint with the Attorney General or pursue a private right of action to enforce such requirements. Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief state election administration official, unless he or she or a family member is a candidate, to take an active part in political management or in a political campaign for federal office over which such official has supervisory authority. Amends NVRA to treat universities as voter registration agencies. Amends HAVA to establish minimum notification requirements on behalf of voters affected by polling place changes. Directs the Attorney General to: (1) coordinate the establishment of a state-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to, in federal elections; (2) establish and operate a toll-free telephone service to connect directly to such response system; and (3) appoint a Voter Hotline Task Force. Makes requirements of the National Voter Registration Act of 1993 and HAVA applicable to the Commonwealth of the Northern Mariana Islands. Amends HAVA to: (1) reauthorize and extend the EAC, and (2) repeal its exemption from certain government contracting requirements.
United States · United States Congress · 22 January 2013
Disabled Veterans Tax Termination Act - Amends federal military retired pay provisions to: (1) permit veterans with a service-connected disability of less than 50% to concurrently receive both retired pay and disability compensation; (2) eliminate provisions requiring a phase-in between January 1, 2004, and December 31, 2013, of concurrent receipt of retired pay and disability compensation; (3) eliminate a phase-in of concurrent receipt of retired pay and disability compensation for disabled veterans determined to be individually unemployable; and (4) require a limited reduction in retired pay for qualified disability retirees with less than 20 years of retirement-creditable service.
United States · United States Congress · 22 January 2013
Violence Against Women Reauthorization Act of 2013 - Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act. Modifies or expands grant conditions under such Act, including requirements relating to: (1) nondisclosure of personally identifying information or other client information, (2) information sharing between grantees and subgrantees, (3) civil rights and nondiscrimination, (4) audits, and (5) nonprofit organizations. Requires the Office on Violence Against Women of the Department of Justice (DOJ) to establish a biennial conferral process with state and tribal coalitions, technical assistance providers, and other key stakeholders on the administration of grants and related matters. Requires the Attorney General to authorize in writing expenditures for DOJ conferences that exceed $20,000. Title I: Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations for FY2014-FY2018 for grants to: (1) combat violent crime against women (STOP grants); and (2) encourage governmental entities to implement policies, training programs, and best practices for recognizing, investigating, and prosecuting instances of domestic violence and violent sex crimes. Amends the Violence Against Women Act of 2000 to expand the availability of competent pro bono legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking and to authorize appropriations for such assistance for FY2014-FY2018. Revises the grant programs for supporting families with a history of domestic violence, dating violence, sexual assault, or stalking to authorize the Attorney General to make grants to improve the response of the civil and criminal justice system to such families and to train court personnel in assisting such families. Extends through FY2018 the authorization of appropriations for: (1) the training of probation and parole officers to manage sex offenders, and (2) the Court-Appointed Special Advocate program. Amends the federal criminal code with respect to the crime of stalking to prohibit the use of any interactive computer or electronic communication service to stalk victims. Revises and reauthorizes through FY2018 the grant program for outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations. Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA to extend through FY2018 grant programs to: (1) assist states, Indian tribes, and U.S. territories to establish, maintain, and expand rape crisis centers and other programs to assist victims of sexual assault; and (2) assist victims of domestic violence and other sexual assault crimes in rural areas. Amends the Victims of Trafficking and Violence Protection Act of 2000 to extend through FY2018 the authorization of appropriations for grants to end violence against women with disabilities. Amends VAWA to authorize appropriations through FY2018 for the grant program to end elder abuse, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect, and to provide training for law enforcement agencies to better serve victims of abuse in later life. Directs the Attorney General in awarding grants to end elder abuse to give priority to proposals for serving culturally specific and underserved populations. Title III: Services, Protection, and Justice for Young Victims of Violence - Amends the Public Health Service Act to: (1) include tribal or territorial sexual assault coalitions in the grant program for rape prevention and education, and (2) extend through FY2018 the authorization of appropriations for grants for rape prevention and education programs conducted by rape crisis centers. Establishes a minimum allocation of grant funding for states, the District of Columbia, Puerto Rico, and each U.S. territory. Amends VAWA to replace certain grant programs for the protection of young victims of violent crimes with a program requiring the Attorney General, in collaboration with the Secretary of Health and Human Services (HHS) and the Secretary of Education, to award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, or stalking and to prevent future violence. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to revise, expand, and reauthorize through FY2018 the grant program for combating violent crimes on college campuses. Amends the Higher Education Act of 1965 to expand requirements for the disclosure of campus security policies and crime statistics by institutions of higher education to require education programs to: (1) promote the awareness of rape and other violent sex crimes, (2) require disclosure of disciplinary proceedings involving rape and other violent sex crimes and the standard of evidence that will govern such proceedings, and (3) establish procedures for the protection of the confidentiality of crime victims. Title IV: Violence Reduction Practices - Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to authorize appropriations for FY2014-FY2018 for grants from the Centers for Disease Control and Prevention (CDC) to academic institutions and organizations to conduct research that examines best practices for reducing and preventing violence against women and children. Amends VAWA to authorize the Attorney General, in consultation with the HHS Secretary and the Secretary of Education, to award grants to prevent domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms (SMART Prevention grants). Title V: Strengthening the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking. Permits grant funds to be used for the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs. Revises requirements for training and education grants. Title VI: Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA with respect to housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. Revises eligibility requirements for transitional housing assistance grants for child victims of domestic violence, dating violence, sexual assault, or stalking to specify that any victims are eligible and extends the authorization of appropriations for such grants, but at decreased levels, for FY2014-FY2018. Extends the authorization of appropriations, but also at decreased levels, for FY2014-FY2018 for: (1) collaborative grants to increase the long-term stability of victims, and (2) grants to combat violence against women in public and assisted housing. Title VII: Economic Security for Victims of Violence - Amends VAWA to extend through FY2018 the authorization of appropriations for the grant program to establish and operate a national resource center on workplace responses to assist victims of domestic and sexual violence. Title VIII: Protection of Battered Immigrants - Amends the Immigration and Nationality Act to: (1) expand the definition of nonimmigrant U-visa (victims of certain crimes) to include victims of stalking; (2) make a child of an alien who was a self-petitioner under VAWA eligible for lawful permanent resident status under such alien's petition; (3) exclude from the public charge bar to admission an alien who is a VAWA self-petitioner, a U-visa applicant, or a battered spouse or child; (4) extend the conditions under which the hardship waiver of the two-year waiting period for permanent resident status may be granted to a battered alien spouse; and (5) expand the scope of criminal-related information that must be disclosed by a U.S. citizen petitioning for a nonimmigrant K-visa (alien fiancee or fiance); Amends the International Marriage Broker Regulation Act of 2005 to require DHS to: (1) conduct a background check of the National Crime Information Center's Protection Order Database on each K-visa petitioner, and (2) include any appropriate information in the criminal background information provided to the alien fiance/fiancee. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the DHS Secretary (in addition to the Attorney General) to disclose information relating to aliens who are victims of domestic violence to law enforcement officials for law enforcement purposes in a manner that protects the confidentiality of such information. Authorizes the Attorney General and the Secretaries of Homeland Security and State to disclose such information to national security officials to be used solely for a national security purpose. Requires the Attorney General and the Secretaries of Homeland Security and State to provide guidance to officers and employees of their respective departments regarding such disclosures of information. Title IX: Safety for Indian Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) include sex trafficking as a target of the grants to Indian tribal governments to combat violent crime against Indian women, and (2) expand the purposes for which the Attorney General may award domestic violence and sexual assault prevention grants to Indian tribal coalitions. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to include the Secretary of the Interior, in addition to the HHS Secretary and the Attorney General, as a participant in consultations with Indian tribes regarding the administration of tribal funds and programs, enhancement of Indian women's safety, and federal response to violent crimes against Indian women. Gives Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction. Requires Indian tribes prosecuting crimes of violence to: (1) prove that the defendant has requisite ties to the Indian tribe; (2) provide defendants the right to an impartial jury trial; and (3) notify a defendant of his or her rights, including the right to file a writ of habeas corpus in federal court. Amends the federal criminal code to: (1) increase maximum penalties for assault convictions; and (2) impose criminal penalties on individuals who commit an assault resulting in substantial bodily injury to a spouse, intimate partner, or dating partner and who assault such spouse or partner by strangling or suffocating. Reauthorizes appropriations for the national tribal sex offender registry and the tribal protection order registry for FY2014-FY2018. Title X: Safer Act - Sexual Assault Forensic Evidence Reporting Act of 2013 or the SAFER Act of 2013 - Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to: (1) conduct audits of samples of sexual assault evidence that are awaiting testing, provided such governments submit an audit plan that includes a good-faith estimate of the number of such samples; and (2) ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes is carried out in an appropriate and timely manner and in accordance with specified protocols and practices. Requires not less than 5% but not more than 7% of Debbie Smith grant funds distributed in FY2014-FY2017 to be awarded for such purposes if sufficient applications to justify such amounts are received by the Attorney General, provided such awards do not decrease funds for other distribution requirements. Requires the Director of the Federal Bureau of Investigation (FBI) to: (1) develop and publish a description of protocols and practices for the accurate, timely, and effective collection and processing of DNA evidence, which shall address appropriate steps in the investigation of cases that might involve DNA evidence; and (2) make available technical assistance and training to support states and local governments in adopting and implementing such protocols and practices. Requires the Attorney General to submit to Congress an annual report on: (1) grants awarded to states and local governments, (2) the number of deadline extensions granted by the Attorney General, and (3) the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports. Requires, for each fiscal year through FY2018, that not less than 75% of Debbie Smith grant amounts be awarded to carry out for inclusion in the Combined DNA Index System DNA analyses of samples collected under applicable legal authority and of samples collected from crime scenes and to increase the capacity of state or local government laboratories to carry out DNA analyses. Requires the DOJ Inspector General to conduct audits of grant recipients to prevent waste, fraud, and abuse. Sunsets specified provisions of this Act regarding Debbie Smith grants for auditing sexual assault evidence backlogs on December 31, 2018. Title XI: Other Matters - Amends the Civil Rights of Institutionalized Persons Act to allow a prisoner in federal custody to bring a suit against the United States for a mental or emotional injury if such injury resulted from the commission of a sexual act (currently, requires a prior showing of a physical injury). Amends the Prison Rape Elimination Act of 2003 to direct the DHS Secretary to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rapes and sexual assaults in detention facilities against aliens detained for a violation of U.S. immigration law. Requires the HHS Secretary to publish a similar final rule for the protection of unaccompanied alien children in custodial facilities. Amends the Communications Act of 1934, with respect to obscene or harassing telephone calls, to: (1) remove the intent to annoy requirement in the definition of such crime; and (2) include any specific person as an intended victim of such crime (currently, any person at the called number or who receives the communication). Amends VAWA to extend through FY2018 the grant programs for: (1) improving and implementing processes for entering data on stalking and domestic violence into crime information databases, and (2) appointing victim/witness counselors for the prosecution of sex crimes and domestic violence crimes. Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for child abuse and neglect technical assistance and training programs for judicial personnel and attorneys practicing in juvenile and family courts.
United States · United States Congress · 15 January 2013
Hydropower Regulatory Efficiency Act of 2013 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements. Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements. Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria. Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements. Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence. Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects. Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.
United States · United States Congress · 15 January 2013
Mental Health First Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA), to award grants to initiate and sustain mental health first aid training programs. Requires such a program to include: (1) core live training courses on the skills, resources, and knowledge necessary to assist individuals in crisis to connect with appropriate local mental health care services; (2) training on mental health resources, including the location of community mental health centers in the state and local community; and (3) training on action plans and protocols for referral to such resources. Sets forth the categories of individuals to be trained under the program, including emergency services personnel and other first responders, police officers and law enforcement personnel, teachers and school administrators, human resources professionals, faith community leaders, nurses and other primary care personnel, students enrolled in school, parents of students, veterans, and other individuals, audiences or training populations as appropriate. Requires such programs to train individuals to accomplish: (1) safe de-escalation of crisis situations, (2) recognition of the signs and symptoms of mental illness, and (3) timely referral to mental health services in the early stages of developing mental disorders. Requires the Secretary, in awarding grants, to: (1) ensure that grants are equitably distributed among the geographical regions of the United States, and (2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas.
United States · United States Congress · 15 January 2013
Public Option Deficit Reduction Act - Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to offer through Exchanges a health benefits plan (public health insurance option) that ensures choice, competition, and stability of affordable, high-quality coverage throughout the United States. Declares that the Secretary's primary responsibility is to create a low-cost plan without compromising quality or access to care. Sets forth provisions related to the establishment and governance of the public health insurance option, including that such plan: (1) may be made available only through Exchanges; (2) must comply with requirements applicable to other health benefits plans offered through such Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost sharing; and (3) must offer bronze, silver, and gold plan levels. Requires the Secretary to: (1) establish an office of the ombudsman for the public health insurance option, (2) collect such data as may be required to establish premiums and payment rates, (3) establish geographically adjusted premiums at a level sufficient to fully finance the costs of the health benefits provided and administrative costs related to the operation of the plan, and (4) establish payment rates and provide for greater payment rates for the first three years. Requires repayment of start-up costs for the public health insurance option. Authorizes the Secretary to utilize innovative payment mechanisms and policies to determine payments for items and services under the public health insurance option.
United States · United States Congress · 15 January 2013
New Columbia Admission Act - Sets forth procedures for admission into the United States of the state of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution, and (2) issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to state offices. Provides that New Columbia shall consist of all territory of the District as of the enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Prohibits New Columbia from imposing taxes on federal property except as provided by Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Maintains: (1) the District of Columbia as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. Requires each state that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23rd amendment (which provides for the appointment of electors for President and Vice President for the District).
United States · United States Congress · 14 January 2013
National Pediatric Research Network Act of 2013 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development to provide for the establishment of a National Pediatric Research Network. Authorizes the Director of the Institute to award funding to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including to meet unmet needs for pediatric research through basic, clinical, behavioral, or translational research and the training of researchers in pediatric research techniques. Authorizes the Director of NIH to make awards for not more than 20 pediatric research consortia, which must be formed from a collaboration of cooperating institutions, coordinated by a lead institution, agree to disseminate scientific findings, and meet requirements prescribed by the Director of NIH. Allows such support to be for a period of five years, with additional extensions at the discretion of the Director of NIH. Requires the Director of NIH to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities. Requires each pediatric research consortium receiving an award to assist the Centers for Disease Control and Prevention (CDC) in the establishment or expansion of patient registries and other surveillance systems as appropriate and upon request by the CDC. Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; and (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions. Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; and (3) organize and conduct multi-site monitoring activities. Requires the Director of NIH to: (1) require the data coordinating center to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs (FDA) on research conducted by consortia, including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (2) incorporate such information into NIH's biennial reports.
United States · United States Congress · 4 January 2013
Safe Skies Act of 2013 - Directs the Secretary of Transportation (DOT), not later than 30 days after enactment of this Act, to modify a specified Department of Transportation (DOT) final rule relating to flightcrew member duty and rest requirements so that the requirements under that rule apply to all-cargo flightcrew members to the same extent they apply to air passenger flightcrew members.
United States · United States Congress · 4 January 2013
Expresses the sense of the House of Representatives that: (1) the full realization of the rights of women is vital to the development and well-being of people of all nations; and (2) the Senate should, therefore, give its advice and consent to the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women.
United States · United States Congress · 3 January 2013
Udall-Eisenhower Arctic Wilderness Act - Declares the policy of the United States concerning protection and preservation of the wilderness ecosystem of the Arctic coastal plain. Designates specified lands within Alaska in the Arctic National Wildlife Refuge (ANWR) as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 3 January 2013
Military Surviving Spouses Equity Act - Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age. Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
United States · United States Congress · 3 January 2013
Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2013 or DISCLOSE 2013 Act - Amends the Federal Election Campaign Act of 1971 to redefine the term "independent expenditure" as an expenditure by a person that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidates, qualifications, or fitness for office. Expands the period during which certain communications are treated as electioneering communications. Prescribes: (1) disclosure requirements for corporations, labor organizations, and certain other entities; and (2) disclaimer requirements for campaign-related disbursements and for certain communications. Requires any communication transmitted through radio or television to include an individual or organizational disclosure statement, together with: (1) the Top Two Funders List of the persons providing the largest and second largest aggregate payments of $10,000 or more for a radio communication, and (2) the Top Five Funders List of the five persons providing the largest aggregate payments of $10,000 or more for a television communication. Repeals the prohibition against political contributions by individuals age 17 or younger. Requires a covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities to include in each report, in a clear and conspicuous manner, the information included in the statements it has filed about campaign-related disbursements the organization has made during the period covered by the report. Amends the Lobbying Disclosure Act of 1995 to require semiannual reports on certain election campaign contributions filed with the Secretary of the Senate or the Clerk of the House of Representatives by registered lobbyists (or persons or organizations required to register as lobbyists) to contain: (1) the amount of any independent expenditure of $1,000 or more made by each such person or organization, along with the name of each candidate being supported or opposed and the amount spent supporting or opposing that candidate; and (2) the amount of any electioneering communication of $1,000 or more made by such person or organization, along with the name of the candidate referred to in the communication and whether the communication involved was in support of or in opposition to the candidate.
United States · United States Congress · 3 January 2013
Stop Online Ammunition Sales Act of 2013 - Amends the federal criminal code to require the licensing of ammunition dealers. Prohibits any person except a licensed importer, manufacturer, or dealer from: (1) selling ammunition, with an exception for a sale of ammunition to a licensed importer, manufacturer, or dealer; or (2) engaging in the business of importing or manufacturing ammunition, or in the course of such business, from shipping, transporting, or receiving ammunition. Prohibits a licensed importer, manufacturer, or dealer from: (1) transferring ammunition to a person without verifying the person's identity by examining a valid identification document containing a photograph of such person; or (2) selling or delivering any ammunition (currently, any armor-piercing ammunition) to any person unless the licensee notes in his records the person's name, age, and place of residence, if the person is an individual, or the person's identity and principal and local places of business, if the person is a business entity. Applies prohibitions applicable to the shipping or transport of firearms, and record-keeping requirements applicable to the importation, production, shipment, receipt, sale, or other disposition of firearms, to ammunition. Requires each licensee to: (1) prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of more than 1,000 rounds of ammunition to an unlicensed person at one time or during any five consecutive business days; and (2) forward such report to the specified office and to the department of state police, the state law enforcement agency, or the local law enforcement agency of the jurisdiction in which the sale took place by the close of business on the day the multiple sale occurs.
United States · United States Congress · 3 January 2013
Gun Show Loophole Closing Act of 2013 - Amends the federal criminal code to make it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Attorney General as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records. Grants the Attorney General authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act. Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements. Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.
United States · United States Congress · 3 January 2013
Large Capacity Ammunition Feeding Device Act - Amends the Brady Handgun Violence Prevention Act to prohibit: (1) the transfer or possession of a large capacity ammunition feeding device, except for such a device lawfully possessed within the United States on or before the date of this Act's enactment; and (2) the importation or bringing into the United States of such a device. Exempts: (1) the transfer or possession of such a device by a federal, state, or local agency or law enforcement officer; (2) certain transfers to licensees under the Atomic Energy Act of 1954; (3) possession of such a device transferred to an individual upon retirement from a law enforcement agency if such individual is not otherwise prohibited from receiving ammunition; and (4) the manufacture, transfer, or possession of such a device by a licensed manufacturer or importer for authorized testing or experimentation purposes. Sets penalties for violations. Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured after such enactment.
United States · United States Congress · 3 January 2013
Fix Gun Checks Act of 2013 - Amends the NICS Improvement Amendments Act of 2007 (NICS Act) to modify the periods during which penalties are applicable to states that do not make certain records pertaining to firearms eligibility electronically available to the National Instant Criminal Background Check System (NICBCS). Repeals provisions authorizing the Attorney General to waive certain penalties if a state provides substantial evidence that it is making a reasonable effort to provide such records. Directs the Attorney General to publish, and make available on a publicly accessible website, an annual report that ranks states by the ratio of number of records submitted by each state to the estimated total number of available records of the state. Amends the Brady Handgun Violence Prevention Act to: (1) require the head of each federal agency to submit to the Attorney General, biannually, a written certification indicating whether the agency has provided pertinent information contained in any agency record demonstrating that a person falls within a category of persons prohibited from possessing firearms under federal law; and (2) include a federal court as a federal department or agency, and require the Director of the Administrative Office of the U.S. Courts to perform the functions of a department or agency head, for purposes of such Act. Amends the federal criminal code to define the terms "adjudicated as a mental defective" and "committed to a mental institution" for purposes of federal firearms provisions. Prohibits an individual so adjudicated before the effective date of this Act from applying for relief from disability under the NICS Act on the basis that the individual does not meet the requirements under such definition. Prohibits a person who is not a licensed firearms importer, manufacturer, or dealer from transferring a firearm to, or receiving a firearm from, another unlicensed person, except: (1) through a licensed dealer, which shall conduct a background check through the NICBCS; and (2) after inspecting a permit that confirms that such background check has been conducted. Specifies exceptions, including for: (1) the transfer of a bona fide gift between immediate family members; (2) a transfer that occurs by operation of law or by an executor or trustee because of the death of another person; (3) a temporary transfer that occurs in the home of the unlicensed transferee who believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the transferee; and (4) certain temporary transfers without the transfer of title at a shooting range, at a shooting competition, or while hunting, fishing, or trapping. Prohibits an unlicensed transferee from receiving a firearm from an unlicensed transferor if the licensed dealer through which the transfer is made receives a notification from the NICBCS that the transfer is prohibited. Sets forth requirements for a licensed dealer that assists in such transfer, including requirements to: (1) notify the transferor and transferee of compliance with background check requirements and of the receipt of any notification from the NICBCS that a transfer is prohibited, and (2) report to the Attorney General on such a transfer and on transfers of two or more pistols and/or revolvers to the same unlicensed transferee during any five consecutive business days. Permits such dealer to assess a processing fee.
United States · United States Congress · 3 January 2013
Fire Sale Loophole Closing Act - Amends the federal criminal code to make it unlawful for: (1) anyone whose federal license to import, manufacture, or deal in firearms has been revoked, or whose license renewal application has been denied, to transfer business inventory firearms into a personal collection or to an employee of such person or to receive a firearm that was a business inventory firearm as of the date of a revocation or renewal denial notice; and (2) anyone who has received a license revocation or renewal denial notice to transfer to any other person a firearm that was a business inventory firearm. Imposes a fine and/or prison term of not more than one year (five years for willful violations) for violations of this Act.
United States · United States Congress · 3 January 2013
Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps, and (2) the Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to the Department Under Secretary, the Department Assistant Secretaries, and the General Counsel.
United States · United States Congress · 3 January 2013
Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013 - Amends the Help America Vote Act of 2002 (HAVA) to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending on the second day immediately preceding the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place that allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date. Requires the Commission to report to Congress biennially on the impact of this Act's early voting and waiting time provisions on the administration of elections for federal office. Prescribes requirements for the counting of provisional ballots that will be treated as votes. Allows civil money penalties, intervention by aggrieved parties, and private actions to address HAVA violations by a state or jurisdiction.
United States · United States Congress · 29 November 2012
Excludes from gross income, for income tax purposes, any amount received from the Aurora Victim Relief Fund established by the tax-exempt Community First Foundation, if such amount is paid on account of the mass shooting at the Century 16 Cinema in Aurora, Colorado, on July 20, 2012.
United States · United States Congress · 27 November 2012
Respect States' and Citizens' Rights Act of 2012 - Amends the Controlled Substances Act to provide that, in the case of any state law that pertains to marihuana, no provision of such Act shall be construed as indicating congressional intent to: (1) occupy the field in which that provision operates, including criminal penalties, to the exclusion of state law on the same subject matter; or (2) preempt any such state law.
United States · United States Congress · 15 November 2012
Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.
United States · United States Congress · 21 September 2012
Stewart Lee Udall Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Stewart Lee Udall, in recognition of his contributions to the nation.
United States · United States Congress · 14 September 2012
Attracting the Best and Brightest Act of 2012 - Amends the Immigration and Nationality Act to make up to 50,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) have an employment offer from a U.S. employer in a field related to such degree; (3) are the subject of an approved labor certification; and (4) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for any family- or employment-based petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of a family- or employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed family- or employment-based petition.
United States · United States Congress · 14 September 2012
America Votes Act of 2012 - Amends the Help America Vote Act of 2002 to permit an individual required to present identification as a condition for voting in a federal election to meet the requirement by presenting the appropriate state or local election official with an affidavit, signed by the individual under penalty of perjury, attesting to the individual's identification and that he or she is registered to vote in the election. Allows an individual desiring to vote by mail to submit such an affidavit with the ballot. Prohibits a state from requiring an individual who presents or submits such an affidavit to cast a provisional ballot in the election. Excepts first-time voters registering by mail from application of this Act. Requires states requiring an individual to present identification as a condition of receiving and casting a ballot in a federal election to include the use of an affidavit in voting information posted at polling places.
United States · United States Congress · 14 September 2012
Condemns: (1) the commission of hate crimes against all Americans, including Sikh-Americans; and (2) acts of violence, bigotry, and discrimination against Sikh-Americans. Urges: (1) educators, counselors, and others to support educational efforts to prevent the epidemic bullying of Sikh-American children and families; and (2) the Department of Justice (DOJ) to begin documenting and quantifying hate crimes and other acts of violence perpetrated against Sikh-Americans. Expresses support for: (1) outreach efforts by federal and local law enforcement leaders to prevent violence and hate crimes against Sikh-Americans; and (2) the right of the Sikh-American community to live in peace and free from discrimination, hate crimes, bullying, and all forms of violence.
United States · United States Congress · 12 September 2012
Mobile Device Privacy Act - Directs the Federal Trade Commission (FTC) to promulgate regulations requiring sellers or manufacturers of mobile devices and software, providers of mobile services, and operators of online services offering downloads of monitoring software for installation on a mobile device to disclose to consumers information about the installation and purpose of such software. Allows exemptions for uses consistent with the reasonable expectations of consumers. Defines "monitoring software" as software with the capability to monitor mobile device usage or the location of the user and to transmit the information collected to another device or system, whether or not such capability is the primary function of the software or the purpose for which it is marketed. Directs the FTC to promulgate regulations requiring: (1) the express consent of a consumer before monitoring software begins collecting and transmitting information and giving the consumer the opportunity to prohibit such collection and transmission at any time; (2) recipients of information transmitted from monitoring software to implement information security practices for the treatment and protection of the information; and (3) the filing with the FTC or the Federal Communications Commission (FCC), as appropriate, of a copy of an agreement under which a person receives the type of information regarding which disclosure is required by this Act. Provides for enforcement by the FTC and FCC of regulations promulgated under this Act under the Federal Trade Commission Act and the Communications Act of 1934, respectively. Allows civil enforcement actions by states and by private persons injured by an act in violation of such regulations.
United States · United States Congress · 2 August 2012
Amends the Public Health Service Act to reauthorize for FY2014-FY2018: (1) a research program for the prevention and cure of Type I diabetes, and (2) a program to provide services through Indian health facilities for the prevention and treatment of diabetes.
United States · United States Congress · 2 August 2012
Restoring Confidence in Our Democracy Act - Amends the Federal Election Campaign Act of 1971 to set forth special rules for electioneering communications, especially targeted communications, which national banks, corporations, and labor organizations are prohibited from paying for. Defines "targeted communications" as electioneering communications distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. Prohibits independent expenditures by national banks, corporations, and labor organizations. Applies certain limitations on contributions made by any person to a political committee to any contribution to a political committee which accepts donations or contributions that do not comply with contribution or source prohibitions (or made to any account of a political committee established to accept such noncompliant donations or contributions).
United States · United States Congress · 1 August 2012
Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100% federal medical assistance percentage (FMAP) for temporary coverage of such newborns.
United States · United States Congress · 31 July 2012
Stop Online Ammunition Sales Act of 2012 - Amends the federal criminal code to require the licensing of ammunition dealers. Prohibits any person except a licensed importer, manufacturer, or dealer from: (1) selling ammunition, with an exception for a sale of ammunition to a licensed importer, manufacturer, or dealer; or (2) engaging in the business of importing or manufacturing ammunition, or in the course of such business, from shipping, transporting, or receiving ammunition. Prohibits a licensed importer, manufacturer, or dealer from: (1) transferring ammunition to a person without verifying the person's identity by examining a valid identification document containing a photograph of such person; or (2) selling or delivering any ammunition (currently, any armor-piercing ammunition) to any person unless the licensee notes in his records the person's name, age, and place of residence, if the person is an individual, or the person's identity and principal and local places of business, if the person is a business entity. Applies prohibitions applicable to the shipping or transport of firearms, and record-keeping requirements applicable to the importation, production, shipment, receipt, sale, or other disposition of firearms, to ammunition. Requires each licensee to: (1) prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of more than 1,000 rounds of ammunition to an unlicensed person at one time or during any five consecutive business days; and (2) forward such report to the specified office and to the department of state police, the state law enforcement agency, or the local law enforcement agency of the jurisdiction in which the sale took place by the close of business on the day the multiple sale occurs.
United States · United States Congress · 26 July 2012
Fair Minimum Wage Act of 2012 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.10 an hour on the first day of the third month after the enactment of this Act; (2) $8.95 an hour after one year; (3) $9.80 an hour after two years; and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) after three years, and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year on the first day of the third month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the wage increase to ensure that it remains equal to 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website.
United States · United States Congress · 24 July 2012
Condemns the atrocities that occurred in Aurora, Colorado, on July 20, 2012. Offers condolences to the families, friends, and loved ones of those who were killed and expresses hope for the rapid and complete recovery of the wounded. Applauds the hard work and dedication exhibited by the hundreds of officials and others who offered their support and assistance. Honors the resilience of the community of Aurora and Colorado.
United States · United States Congress · 19 July 2012
National Pediatric Research Network Act of 2012 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research to provide for the establishment of a National Pediatric Research Network. Authorizes the Director of the Institute to award cooperative agreements and grants to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including for pediatric research needs and training. Authorizes the Director to make awards for not more than 20 pediatric research consortia. Requires the Director to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities. Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions; and (3) disseminate trial findings. Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; (3) organize and conduct multi-site monitoring activities; (4) provide assistance to the Centers for Disease Control and Prevention (CDC) in the establishment of patient registries; and (5) report regularly on consortia research.
United States · United States Congress · 19 July 2012
Patient Centered Quality Care for Life Act - Directs the Secretary of Health and Human Services (HHS) to convene a Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit to: (1) analyze key health system barriers to providing patient-centered health care that integrates symptom management and other aspects of coordinated or palliative care; and (2) identify strategic solutions for collectively addressing quality of life concerns for the rapidly expanding population of patients and survivors facing serious, complex, and chronic illness in the United States and for the families of such patients and survivors. Requires the Secretary to establish a Summit Steering Committee, which shall draft a summary report detailing Summit recommendations for a national strategic action agenda to improve patient-centered care and quality of life. Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to establish a national quality of life education and awareness grants program initiative for seriously ill patients, their families, and health professionals who treat them for the purposes of encouraging an increased demand for and delivery of integrated and patient-centered care for managing their pain and symptoms and improving their quality of life. Requires the Director to award competitive grants to develop new and expand existing information, resources, and communication materials about symptom management and other aspects of patient-centered care as an integral part of quality care for serious illnesses. Directs the Administrator of the Health Resources and Services Administration (HRSA) to establish a health care professional workforce training grants program initiative for purposes of promoting and enhancing symptom assessment and management, communications skills, coordinated patient-centered care, and other quality of life focused clinical core competencies across all clinical specialties that serve seriously ill patients and patients with multiple or complex chronic diseases. Requires the Secretary: (1) to update and expand the September 2002 HRSA report, titled "The Supply, Demand and Use of Palliative Care Physicians in the United States"; (2) to establish a Quality of Life Cross-Agency Advisory Committee to assist the CDC and HRSA in conducting the national quality of life education and awareness initiative and the health care professional workforce training initiative and to disseminate initiative findings for cross agency implementation of best practices; and (3) acting through the Director of the National Institutes of Health (NIH), to develop and implement a strategy to be applied across NIH institutes and centers that is in accordance with the Advisory Committee's recommendations to expand national research programs in symptom management, palliative, psychosocial, and survivorship care.
United States · United States Congress · 19 July 2012
Palliative Care and Hospice Education and Training Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants or contracts for the establishment or operation of Palliative Care and Hospice Education Centers that: (1) improve the training of health professionals in palliative care; (2) develop and disseminate curricula relating to the palliative treatment of the complex health problems of individuals with serious or life-threatening illnesses; (3) support the training and retraining of faculty to provide instruction in palliative care; (4) support continuing education of health professionals who provide palliative care to patients with serious or life-threatening illness; (5) provide students with clinical training in palliative care in long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; (6) establish traineeships for individuals who are preparing for advanced education nursing degrees in palliative care nursing, home care, hospice, long-term care, or other nursing areas that specialize in palliative care; and (7) do not duplicate the activities of existing education centers funded under such Act. Authorizes the Secretary to make grants to, and enter into contracts with: (1) schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs to provide support for projects that fund the training of physicians who plan to teach palliative medicine; and (2) eligible nurse practitioner, midwifery, nurse anesthesia, and advanced nurse education programs to meet the costs of palliative care and hospice career incentive awards. Directs the Secretary to: (1) establish a program to provide Palliative Medicine and Hospice Academic Career Awards to eligible individuals to promote their career development as academic hospice and palliative care physicians; (2) award grants or contracts to entities that operate a Palliative Care and Hospice Education Center; (3) award grants or contracts to advanced practice nurses, clinical social workers, pharmacists, chaplains, or students of psychology pursuing an advanced degree in palliative care or related fields to foster greater interest among a variety of health professionals in entering the field of palliative care; and (4) award grants to schools of nursing, health care facilities, or programs leading to certification as a certified nurse assistant to develop and implement programs and initiatives to train and educate individuals in providing palliative care in health-related educational, hospice, home, or long-term care settings.
United States · United States Congress · 17 July 2012
Truth in Trials Act - Amends the federal criminal code to: (1) allow any person on trial for a federal marijuana-related offense to introduce evidence that the alleged marijuana-related activities were performed in compliance with state law regarding the medical use of marijuana, (2) allow an affirmative defense to a marijuana prosecution that the alleged marijuana-related activities complied with state law regarding the medical use of marijuana, (3) limit the criminal liability of persons convicted of federal marijuana-related offenses, (4) require the preservation and return (if a defendant is acquitted) of property seized in connection with a marijuana prosecution, and (5) prohibit the seizure of plants grown or stored under a physician's recommendation or by order of a state or municipal agency in accordance with state law regarding the medical use of marijuana.
United States · United States Congress · 12 July 2012
Victory for Veterans Stamp Act of 2012 - Directs the Postal Service to issue a special stamp, to be called the Victory for Veterans Stamp, at a cost of 25 cents each. Makes such Stamp invalid for postage. Requires Stamp sale proceeds to be used as follows: (1) one-third for funding Department of Veterans Affairs (VA) veterans' vocational rehabilitation programs, (2) one-third to the general fund of the Treasury for deficit reduction, and (3) one-third for the Postal Service for modernization and fiscal administration. Requires such Stamp to be made available to the public within six months after the enactment of this Act.
United States · United States Congress · 10 July 2012
Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position. Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed. Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes. Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.
United States · United States Congress · 29 June 2012
Endangered Fish Recovery Programs Extension Act of 2012 - Extends through FY2019 the authority of the Secretary of the Interior to use power revenues collected pursuant to the Colorado River Storage Project Act for annual base funding of endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins. Sets forth restrictions with respect to the indirect cost recovery rate for any transfer of funds to the U.S. Fish and Wildlife Service from another federal agency for the purpose of funding any activity associated with such programs. Prohibits the use of federal funds to cover expenses incurred by an employee or detailee of the Department of the Interior to travel to any location (other than the field office to which that individual is otherwise assigned) to advocate, lobby, or attend meetings that advocate or lobby for such programs.
United States · United States Congress · 28 June 2012
Supports the XIX International AIDS Conference and the goal of bringing renewed awareness of, and commitment to, addressing the HIV/AIDS crisis in the United States and abroad. Recognizes that continued U.S. commitment to HIV/AIDS research, prevention, and treatment programs is crucial to protecting global health and commits to supporting a stronger global response to HIV/AIDS. Encourages public and private sector development of innovative therapies and advances in clinical treatment for HIV/AIDS.
United States · United States Congress · 21 June 2012
Public Lands Renewable Energy Development Act of 2012 - Amends the Energy Policy Act of 2005 to require amounts received through FY2020 (currently, through FY2010) from leases under the Geothermal Steam Act of 1970 to be available to the Secretary of the Interior for implementing the Energy Policy Act of 2005, as well as the Geothermal Steam Act of 1970. Requires the Secretary to: (1) complete and finalize the Programmatic Environmental Impact Statement (EIS) for Solar Energy Development in Six Southwestern States in accordance with the National Environmental Policy Act of 1969 (NEPA) to analyze the potential impacts of a program to develop solar energy on land administered by the Bureau of Land Management (BLM) and any necessary amendments to land use plans for such land, and (2) amend any land use plans to provide for the development of renewable energy. Requires the Secretary of Agriculture (USDA) to: (1) prepare and publish a notice of intent to prepare a programmatic EIS to analyze the potential impacts of a program to develop solar and wind energy on National Forest System land and any necessary amendments to land use plans for such land, and (2) amend such plans to provide for the development of renewable energy on completion of the programmatic EIS. Requires the Secretary of Defense (DOD) to submit a report that: (1) identifies locations on land withdrawn from the public domain and reserved for military purposes that could be developed for renewable energy production, and (2) describes the administration of public land withdrawn for military purposes for the development of commercial-scale renewable energy projects. Requires the Secretary of Interior to establish a wind and solar leasing pilot program on: (1) public land administered by the Secretary or National Forest System land administered by the Secretary of Agriculture; and (2) land not excluded from the development of solar or wind energy under a land use plan established under the Federal Land Policy and Management Act of 1976, the National Forest Management Act of 1976, or other law. Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) make a joint determination on whether to establish such program within two years, (2) establish such program unless they determine that the program is not in the public interest and does not provide an effective means of developing such energy, and (3) require as a condition for any authorization for the development of such energy on such land the payment of a royalty. Establishes in the Treasury the Renewable Energy Resource Conservation Fund to be administered by the Secretary of the Interior in regions impacted by the development of wind or solar energy for addressing and offsetting the impacts of such development on federal land, securing recreational access to federal land to provide enhanced public access to existing federal land that is inaccessible or significantly restricted, and carrying out activities authorized under the Land and Water Conservation Fund Act of 1965. Requires such Secretaries to determine the feasibility of carrying out a conservation banking program. Prohibits wind or solar generation projects with a capacity of 20 megawatts or more that are issued a lease, right-of-way, permit, or other authorization from being subject to the rental fee exemption for rights-of-way under the Federal Land Policy and Management Act of 1976.
United States · United States Congress · 20 June 2012
Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable; (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. (Thus establishing a new standard for employees bringing group actions for certain employment discrimination, notwithstanding the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes , which required "convincing proof of a companywide discriminatory pay and promotion policy" as a prerequisite to class certification.) Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action. Defines a "subjective employment practice" as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions. Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action. Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.
United States · United States Congress · 18 June 2012
Recognizes and commends the nation's Catholic sisters, whose inspiring legacy of service continues to enrich our nation. Honors the contributions of Catholic sisters to this country. Stands in solidarity with Catholic sisters' mission to work toward a more just society for all of God's people.
![Official portrait of Rep. DeGette, Diana [D-CO-1]](https://www.congress.gov/img/member/116_rp_co_1_degette_diana_200.jpg)