United States · United States Congress · 21 November 2013
Prohibits the President from authorizing or permitting the construction of a satellite positioning ground monitoring station directly or indirectly controlled by a foreign government on U.S. soil until the Secretary of Defense (DOD) and the Director of National Intelligence (DNI) jointly certify to Congress that such station will not possess the capability or potential to be used to gather intelligence or improve foreign weapons systems. Directs the Secretary, DNI, and the Commander of the U.S. Strategic Command to jointly report to Congress regarding the use of such stations by foreign governments to gather intelligence or improve the accuracy of missile guidance systems.
United States · United States Congress · 20 November 2013
Humane Care for Primates Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to promulgate a final rule revising federal regulations regarding the importation of nonhuman primates (i.e. chimpanzees, gorillas, orangutans, macaques, and numerous other species) to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care. Requires such rule to establish a process for the certification of facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates.
United States · United States Congress · 15 November 2013
Refuge from Cruel Trapping Act - Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the use or possession of body-gripping traps in the National Wildlife Refuge System. Imposes on persons who possess or use such traps in the System: (1) for a first offense, a civil fine of up to $500 for each body-gripping trap possessed or used; and (2) for subsequent offenses, a civil fine of up to $1,000 for each body-gripping trap possessed or used, imprisonment for up to 180 days, or both such a civil fine and imprisonment. Subjects to civil forfeiture any body-gripping traps that are possessed or used in violation of this Act, and any wildlife captured by the use of such traps, including the pelts and raw fur. Requires persons found to be in violation of such prohibition to pay all associated court costs.
United States · United States Congress · 15 November 2013
Stopping Unfair Collateral Consequences from Ending Student Success Act or the SUCCESS Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to repeal a provision which makes persons convicted of drug offenses while receiving any grant, loan, or work assistance under title IV ineligible for that assistance for specified periods.
United States · United States Congress · 14 November 2013
Authorizes the Secretary of Homeland Security (DHS) to establish preclearance facilities, conduct preclearance operations, or provide customs services outside of the United States to prevent terrorists, terrorist instruments, and other national security threats from gaining access to the United States. Declares such requirements shall not apply to any preclearance facility that was in operation outside of the United States before enactment of this Act. Declares that any preclearance facility located, preclearance operations conducted, or customs services provided at Abu Dhabi International Airport, Al Maktoum International Airport, Dubai International Airport in the United Arab Emirates, or Doha International Airport in Qatar shall not be considered to have been in operation, conducted, or provided before enactment of this Act. Prohibits such facility, operations, or services from being established, conducted, or provided at any of such airports on or after such enactment. Requires the Secretary, not later than 180 days before entering into any agreement to establish a preclearance facility, conduct preclearance operations, or provide customs services outside of the United States, to: (1) notify Congress and the General Accountability Office (GAO) of the intent to establish such facility, conduct such operations, or provide such services; as well as (2) assess any impacts on passengers traveling to the United States, or economic or security impacts on the United States.
United States · United States Congress · 14 November 2013
Rural Veterans Mental Health Care Improvement Act - Amends appropriations authorities for veterans' benefits to provide advanced appropriations for information technology relating to medical services, support, compliance, and facilities of the Veterans Health Administration (VHA). Directs the Secretary of Veterans Affairs (VA) to include, as a component of VHA health-care personnel education and training programs, education and training of marriage and family therapists as well as licensed professional mental health counselors. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to require the Secretary, through VA medical centers, to provide mental health services, including outpatient care, to the immediate families of certain veterans returning from Operation Enduring Freedom or Operation Iraqi Freedom. Requires the Secretary to report to Congress regarding telemedicine services (the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition) for veterans, including updates on VA teleconsultation and telemedicine initiatives, training, and partnerships with primary care providers.
United States · United States Congress · 14 November 2013
Revises the highway safety improvement program. Directs the Secretary of Transportation (DOT), under the highway safety improvement program, to establish performance measures for states to use to assess significant reductions in the number of serious injuries and fatalities (as under current law) specifically for both motorized and nonmotorized transportation.
United States · United States Congress · 14 November 2013
Generational Residences and Nurturing Dwellings Act or GRAND Act - Establishes in the Department of Housing and Urban Development (HUD) a program to provide need-based assistance for each fiscal year, made available on a competitive basis, to up to five eligible nonprofit organizations to expand the supply of specialized housing and social services for qualified elderly relatives, age 60 or older, who are raising a child of which they are not a parent either by blood or marriage. Provides such assistance in the form of: financing for the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing in accordance with the program; tenant-based rental (voucher) assistance under the United States Housing Act of 1937 for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing; elderly housing project rental assistance under the Housing Act of 1959 in connection with dwelling units that qualify as specialized housing and are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing; and help with ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing.
United States · United States Congress · 13 November 2013
Second Chance Reauthorization Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and expand requirements for the grant program for adult and juvenile offender state and local reentry demonstration projects and to extend the authorization for appropriations for such program through FY2018. Amends the Second Chance Act of 2007 to extend through FY2018 the authorization of appropriations for grants for: (1) family-based substance abuse treatment, (2) the technology careers training demonstration program, and (3) the offender reentry substance abuse and criminal justice collaboration program. Renames the program of mentoring grants to nonprofit organizations for offender reentry as the program of community-based mentoring and transitional service grants to nonprofit organizations. Provides for enhanced services under such program to assist in the reintegration of offenders into the community. Extends the authorization of appropriations for such program through FY2018. Requires the Inspector General of the Department of Justice (DOJ) to periodically conduct audits of not less than 5% of all recipients of specified offender reentry grants under the Omnibus Crime Control and Safe Streets Act of 1968 and the Second Chance Act of 2007. Amends the Second Chance Act of 2007 to: (1) modify and extend through FY2018 grant programs for reentry of federal prisoners into the community, including the program for placing elderly offenders in home detention; (2) repeal programs under such Act relating to responsible reintegration of offenders, the study of the effectiveness of Depot Naltrexone for heroin addiction, and the satellite tracking and reentry training program; and (3) establish a program for partnering faith-based or community-based nonprofit organizations with prisons to conduct recidivism reduction activities. Directs the Attorney General, in consultation with specified federal officials and in collaboration with interested persons and entities, to establish an interagency task force on federal programs and activities for the reentry of offenders into the community. Requires such task force to: (1) evaluate and identity methods for improving such programs and activities, and (2) report to Congress on barriers faced by offenders in reentering the community and update such report annually.
United States · United States Congress · 13 November 2013
Women's Health Protection Act of 2013 - Makes the following limitations and requirements concerning abortion services unlawful and prohibits their imposition or application by any government: a requirement that a medical professional perform specific tests or follow specific medical procedures, unless generally required in the case of medically comparable procedures; a limitation on an abortion provider's ability to delegate tasks, other than one applicable to medically comparable procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than one generally applicable; a limitation on an abortion provider's ability to provide abortion services via telemedicine, other than one generally applicable; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at such facilities that is not otherwise imposed where medically comparable procedures are performed; a requirement that, prior to obtaining an abortion, a woman make medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide such services; and a requirement or limitation that prohibits or restricts medical training for abortion procedures, other than one generally applicable to medically comparable procedures. Makes unlawful a measure or action that restricts the provision of abortion services, or the facilities that provide them, that is similar to any of those described above if it singles out abortion services or make abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. Provides standards for the making of a prima facie case in a civil action challenging such restrictions and factors to be considered by a court in determining whether a measure or action impedes access to abortion services. Makes the following other restrictions on the performance of abortion unlawful and prohibits their imposition or application by any government: a prohibition or ban prior to fetal viability; a prohibition after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the woman's life or health; a restriction that limits a woman's ability to obtain an immediate abortion when a health care professional believes, based on good-faith medical judgment, that delay would pose a risk to the woman's health; and a prohibition or restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion prior to fetal viability. Requires courts to liberally construe the provisions of this Act. Authorizes the Attorney General or an individual or entity aggrieved by (or a health facility or medical professional adversely affected by) a violation of this Act, to commence a civil action for injunctive relief. Preempts any provision enacted by a state or subdivision having the force of law that conflicts with any provision of this Act.
United States · United States Congress · 13 November 2013
Reciprocal Market Access Act of 2013 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out a trade agreement with a foreign country until the President certifies to Congress that: (1) the United States has obtained that country's reduction or elimination of tariff and nontariff barriers and policies and practices with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty, and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the duty modification until the President certifies to Congress that the United States has obtained the country's reduction or elimination of the tariff or nontariff barrier or policy or practice. Requires the withdrawal of such a modification in specified circumstances determined by the Interagency Trade Enforcement Center until the President makes such a certification to Congress. Requires the U.S. International Trade Commission (USITC), with respect to any proposed trade agreement that seeks a modification that would reduce or eliminate an existing duty on any product in order to carry out a trade agreement with a foreign country, to investigate the possible market access opportunities for similar U.S. exports to that country if such barriers and policies are modified or eliminated.
United States · United States Congress · 30 October 2013
Girls Count Act of 2013 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women.
United States · United States Congress · 30 October 2013
Smarter Sentencing Act of 2013 - Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. Directs the Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, (2) fiscal implications of changes, (3) relevant public safety concerns, (4) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism.
United States · United States Congress · 30 October 2013
Caregivers Expansion and Improvement Act of 2013 - Extends to all veterans with a serious service-connected injury the eligibility to participate in the Department of Veterans Affairs (VA) program of comprehensive assistance to family caregivers of such veterans. (Under current law, such eligibility is limited to those veterans who incurred such an injury on or after September 11, 2001.)
United States · United States Congress · 30 October 2013
Breast Density and Mammography Reporting Act of 2013 - Amends the Public Health Service Act to require mammography facilities to include information regarding the patient's individual measure of breast density in both the written report of the results of a mammography examination provided to the patient's physician and the summary of that written report given to patients. Requires the summary to: (1) convey the patient's risk of developing breast cancer associated with below, above, and average levels of breast density; and (2) include language communicating that individuals with more dense breasts may benefit from supplemental screening tests and should talk with their physicians about any questions or concerns regarding the summary.
United States · United States Congress · 30 October 2013
Stop Deducting Damages Act of 2013 - Amends the Internal Revenue Code to: (1) deny a tax deduction for any amount paid or incurred for compensatory or punitive damages in connection with any judgment in, or settlement of, any action against a government; and (2) include in gross income any amount paid as insurance or otherwise due to liability for punitive damages.
United States · United States Congress · 29 October 2013
American Savings Promotion Act - Amends the Revised Statutes of the United States, the Federal Reserve Act, the Federal Deposit Insurance Act, and the Home Owners' Loan Act to authorize covered financial institutions to conduct a contest, known as a "savings promotion raffle," in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or program, where each ticket or entry has an equal chance of being drawn. Subjects such a drawing contest to regulations promulgated by the appropriate prudential regulator. Excludes such a "savings promotion raffle" from the prohibition against a covered financial institution's dealing in "lottery" tickets. Amends the federal criminal code to exempt savings promotion raffles conducted by an insured depository institution or an insured credit union from specified prohibitions against interstate and foreign travel or transportation in aid of racketeering enterprises.
United States · United States Congress · 29 October 2013
Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to set forth additional requirements for obtaining orders for business records in counterterrorism investigations, including requiring that the records sought pertain to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Requires additional information if the applicant is seeking a nondisclosure requirement in connection with such request. Allows the Director of the Federal Bureau of Investigation (FBI) to apply for renewals of nondisclosure requirements. Authorizes the Attorney General (AG) to require the production of call data records by the provider of a wire or electronic communication service. Amends the USA PATRIOT Improvements and Reauthorization Act of 2005 to require the Inspector General (IG) of the Department of Justice (DOJ), for 2010 through 2013, to report on an examination of the minimization procedures (procedures designed to minimize the acquisition and retention of information and to prohibit its unauthorized dissemination) used in relation to business records orders. Imposes additional requirements on the authorized use of pen registers and trap and trace devices (devices for recording incoming and outgoing telephone numbers), including that: (1) the information sought must pertain to a foreign power, agent thereof, or individual in contact with or known to such an agent; and (2) the application must contain a statement of proposed minimization procedures. Requires audits of the effectiveness and use of such devices. Prohibits the searching of collections of communications of U.S. persons, except: (1) under an order or authorization for electronic surveillance or physical search, (2) with the consent of such person, or (3) under a reasonable belief that the life or safety of the person is threatened and the information is sought to assist that person. Limits the collection of wholly domestic communications of a U.S. person to those communications: (1) to which any party is a target of the acquisition; or (2) that contain an identifier of a target of an acquisition, only if the communications are acquired to protect against international terrorism or the proliferation of weapons of mass destruction. Prohibits receiving into evidence any information obtained in an acquisition against any U.S. person for which a deficiency in the procedures for acquiring such information is identified by the Foreign Intelligence Surveillance Court (FISA Court). Authorizes the FISA Court, if the government corrects any deficiencies so identified, to permit the use or disclosure of information acquired before the correction under such minimization procedures as the FISA Court shall establish. Repeals on June 1, 2015, FISA procedures regarding the targeting of non-U.S. persons located outside the United States in order to acquire foreign intelligence information. Requires reviews of surveillance targeting and minimization procedures by the IG of the Intelligence Community (IC), including mandatory review with respect to the privacy rights of U.S. persons. Establishes within the judicial branch an Office of the Special Advocate to participate in proceedings before the FISA Court and the Foreign Intelligence Surveillance Court of Review, request reconsiderations of FISA Court decisions, and participate in appeals and reviews. Requires the Special Advocate to vigorously advocate in support of legal interpretations that protect individual privacy and civil liberties. Requires the Attorney General to publicly disclose specified information in connection with FISA Court or FISA Court of Review decisions appealed by the Special Advocate. Requires the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Authorizes the FBI Director to request from a communication service provider the name, address, length of service, and local and long distance billing records of a person as part of a national security investigation only if there are reasonable grounds to believe that the information sought pertains to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Provides similar requirements with respect to an FBI request for information from financial institutions and consumer reporting agencies. Revises provisions prohibiting the disclosure of the receipt of a national security letter by such providers, institutions, and agencies to except disclosure to: (1) those persons to whom disclosure is necessary to comply with the request, (2) an attorney in order to obtain legal advice or assistance regarding the request, or (3) other persons as permitted by the FBI. Includes under such prohibition (with the same exceptions) national security letters issued in connection with the investigation of persons with access to classified information. Allows affected communications providers, financial institutions, and consumer reporting agencies to seek judicial review of requests for information. Requires the DOJ IG to report results of audits of national security letters issued during 2010 through 2013. Amends provisions of FISA, the Right to Financial Privacy Act of 1978, the National Security Act of 1947, and the Fair Credit Reporting Act (FCRA) concerning national security letters to, effective June 1, 2015, make such provisions read as they read on October 25, 2001. Allows electronic service providers to publicly report on information provided under FISA orders and national security letters. Exempts such providers from liability with respect to such reports. Revises requirements concerning government reporting on the use of FISA orders and national security letters. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to remove the AG as a required intermediary for subpoenas in connection with authorized activities of the Privacy and Civil Liberties Oversight Board.
United States · United States Congress · 28 October 2013
Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.
United States · United States Congress · 23 October 2013
State Secrets Protection Act - Declares that in any civil action brought in federal or state court, the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before it. Sets forth the court's authority regarding the participation of counsel, appointment of a guardian ad litem to represent an absent litigant's interests, and the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party, or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question, and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Requires the court, if it determines that the privilege is not validly asserted, to issue appropriate orders regarding the disclosure of the information to a nongovernmental party and its admission at trial, with the right to an interlocutory appeal for any such orders. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal from a decision or order of a district court determining that the state secrets privilege is not validly asserted, sanctioning a refusal to provide an adequate or nonprivileged substitute, or refusing protective steps sought by the government pending the resolution of the claim of state secrets privilege.
United States · United States Congress · 23 October 2013
Innovation Act - Directs a party alleging infringement in a civil action involving a claim for relief arising under any Act of Congress relating to patents to include in the court pleadings, unless the information is not reasonably accessible, specified details concerning: (1) each claim of each patent allegedly infringed, including each accused apparatus, feature, function, method, service, or other accused instrumentality; (2) the person alleged to be the direct infringer for each claim alleged to have been infringed indirectly; (3) the principal business of the party alleging infringement; (4) each complaint filed that asserts any of the same patents; and (5) whether the patent has been declared essential, potentially essential, or having potential to become essential to any standard-setting body as well as whether the United States or a foreign government has imposed any specific licensing requirements. Requires courts to award prevailing parties reasonable fees and other expenses incurred in connection with such actions, unless the position of the nonprevailing party was substantially justified or special circumstances make an award unjust. Allows the court, if a nonprevailing party is unable to pay such fees and expenses, to make the fees and expenses recoverable against any interested party that has been joined to the action. Requires the court to grant a motion by a party defending against an allegation of infringement to join an interested party if such defending party shows that the party alleging infringement has no substantial interest other than asserting the patent claim in litigation. Defines "interested party" as a person, other than the party alleging infringement, that: (1) is an assignee of the patent; (2) has a right, including a contingent right, to enforce or sublicense the patent; or (3) has a direct financial interest in the patent, including the right to any part of an award of damages or licensing revenue. Limits discovery to only the information necessary to determine the meaning of patent terms when the court requires a ruling relating to the construction of terms used in a patent claim asserted in the complaint. Requires plaintiffs, upon filing an initial complaint, to disclose to the U.S. Patent and Trademark Office (USPTO), the court, and each adverse party the identity of: (1) the assignee, (2) any entity with a right to sublicense or enforce the patent, (3) any entity that the plaintiff knows to have a financial interest in the patent or the plaintiff, and (4) the ultimate parent entity of any such identified assignee or entity. Requires courts to grant a motion to stay an action against a customer accused of infringing a patent based on a product or process under specified conditions when: (1) the manufacturer is a party to the action or to a separate action involving the same patent related to the same product or process, and (2) the customer agrees to be bound by any judgment entered against such manufacturer. Exempts from pleading, disclosure, and lift of stay requirements patent actions that include certain claims relating to abbreviated new drug applications for generic drugs under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act, including animal drugs, veterinary products, and other biological products. Directs the Judicial Conference of the United States to develop discovery rules and procedures, to be implemented by U.S. districts courts and the U.S. Court of Federal Claims, under which each party to the action is: (1) entitled to receive specified categories of core documentary evidence and is to be responsible for the costs of producing such evidence within its possession or control; and (2) permitted to seek any additional document discovery if the requesting party bears the reasonable costs, including reasonable attorney's fees, of the additional discovery. Provides for discovery of electronic communications to occur only if the parties determine that it is necessary and only after the parties have exchanged initial disclosures and core documentary evidence. Makes U.S. bankruptcy law applicable in cross-border bankruptcy cases in which the debtor is a licensor of intellectual property rights and a foreign proceeding is pending in the country where the debtor has the center of its main interests, thereby permitting a licensee to retain its right in such intellectual property if the trustee rejects the underlying executory contract. Directs the USPTO to notify the public on its website when a patent case is brought in federal court. Amends the Leahy-Smith America Invents Act (AIA) to: repeal a procedure that allows a patent applicant dissatisfied with a decision of the Patent Trial and Appeal Board (PTAB) to seek a patent through a civil action against the USPTO in the U.S. District Court for the Eastern District of Virginia (but retains provisions authorizing the applicant to appeal a PTAB decision to the U.S. Court of Appeals for the Federal Circuit); limit the grounds for invalidity of a patent claim that a post-grant review petitioner is prohibited, by estoppel, from asserting in subsequent civil actions (or certain U.S. International Trade Commission [USITC] proceedings) to only those grounds that the petitioner actually raised during post-grant review (currently, the petitioner is estopped from asserting claims that the petitioner raised or could have raised during such review); require claims of patent in post-grant and inter partes review proceedings to be construed in the same manner as a court would construe such claims in a civil action to invalidate the patent, including by interpreting the claim in accordance with its ordinary and customary meaning as well as the prosecution history pertaining to the patent (currently, the USPTO construes claims by considering the broadest reasonable interpretation); codify judicial doctrine relating to the consideration of prior art in cases of double patenting for the purpose of determining the nonobviousness of a second patent's claimed invention, thereby specifying that such doctrine continues to apply under the AIA's first-inventor-to-file patent system; and exclude any time consumed by an applicant's request for continued examination from the calculation of a patent term adjustment that is based on the USPTO failing to issue a patent within three years. Revises the post-issuance covered business method patent review program to: (1) limit the program to challenges against first-to-invent patents; (2) make the program permanent (currently, an eight-year transitional program); (3) require the definition of "covered business method patent," as it relates to a financial product or service, to be construed consistently with the PTAB institution decision in SAP America, Inc. v. Versata Dev. Group, Inc. , which was released on January 9, 2013; (4) expand the scope of prior art that may serve as the basis of a challenge; and (5) permit the USPTO to waive filing fees.
United States · United States Congress · 23 October 2013
Medicare Adult Day Services Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to: (1) cover certified adult day services furnished in a certified adult day services center and meeting specified requirements; and (2) require the Secretary of Health and Human Services (HHS) to increase by 3% the payment amount otherwise effective for such services furnished in a rural area on or after January 1, 2014, and before January 1, 2016.
United States · United States Congress · 8 October 2013
Fallen Heroes and Families Assistance Act - Amends the Pay Our Military Act (P.L. 113-39) to make FY2014 appropriations, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for FY2014 are not in effect, for such sums as are necessary to continue programs and activities concerning: payment of death gratuities to certain survivors of deceased military service members, including for the death of members on active duty or inactive duty training, the death of members after discharge or release from duty or training, members and employees dying outside the United States while assigned to intelligence duties, and other eligible survivors; payment of pay and allowances due a member of the Armed Forces and unpaid at the time of the member's death; payment of authorized funeral and burial expenses, including authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services; and continuation of a basic allowance of housing for certain dependents of members dying on active duty.
United States · United States Congress · 8 October 2013
Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 - Makes appropriations, out of any money in the Treasury not otherwise appropriated, for death gratuities and related benefits for survivors of deceased military service members of the Department of Defense (DOD) for FY2014, and for other purposes, such amounts as may be necessary, at a rate for operations as provided for FY2013 in the Department of Defense Appropriations Act, 2013 (division C of P.L. 113-6), for "Operation and Maintenance" and "Military Personnel" accounts for continuing the following projects and activities that are not otherwise specifically provided for in this joint resolution or the Pay Our Military Act (P.L. 113-39), and for which appropriations, funds, or other authority were made available by the Department of Defense Appropriations Act, 2013: payment of death gratuities to certain survivors of deceased military service members, including for the death of members on active duty or inactive duty training, the death of members after discharge or release from duty or training, members and employees dying outside the United States while assigned to intelligence duties, and other eligible survivors; funeral and burial expenses; authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services; and temporary continuation of a basic allowance of housing for certain dependents of members dying on active duty. Requires the rate of operations to be calculated to reflect the full amount of any reduction required in FY2013 pursuant to: (1) the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6), and (2) the presidential sequestration order dated March 1, 2013, except as attributable to budget authority made available by the Disaster Relief Appropriations Act, 2013 (P.L. 113-2). Makes appropriations and funds made available and authority granted under this joint resolution available until whichever of the following first occurs: (1) enactment into law of an appropriation for any project or activity provided for in this joint resolution, (2) enactment into law of the applicable appropriations Act for FY2014 without any provision for such project or activity, or (3) December 15, 2013. Requires implementation of this joint resolution so that only the most limited funding action be taken in order to provide for continuation of projects and activities. Expresses the sense of Congress that this joint resolution may also be referred to as the Honoring the Families of Fallen Soldiers Act.
United States · United States Congress · 2 October 2013
Border Security, Economic Opportunity, and Immigration Modernization Act - States that passage of this Act recognizes that the primary tenets of its success depend on securing U.S. sovereignty and establishing a coherent and just system for integrating those who seek to join American society. States that the Department of Homeland Security's (DHS) border security goal is to gain situational awareness and operational control of high traffic areas and operational control along the Southwest border of the United States. Establishes a Southern Border Security Commission if border security goals have not been achieved within five years. Directs the Secretary of Homeland Security (DHA) to: (1) implement metrics to measure security effectiveness at and between ports of entry and in the maritime environment, (2) submit to Congress a comprehensive strategy for gaining situational awareness and operational control of high traffic areas and operational control along the Southwest border of the United States, and (3) submit to Congress a plan to implement a biometric exit capability at ports of entry under the US-VISIT program. Prohibits the Secretary from processing applications for registered provisional immigrant status (RPI) until the Secretary has submitted to Congress the notice of commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy. Prohibits the Secretary from adjusting RPI aliens to lawful permanent resident status until the Secretary certifies to the President and Congress that: (1) the Comprehensive Southern Border Security Strategy is operational, (2) the Southern Border Fencing Strategy has been implemented, (3) a mandatory employment verification system to be used by all employers has been implemented, and (4) the mandatory electronic exit data system is in use at U.S. air and sea ports of entry. Directs the Secretary to implement: (1) a Comprehensive Southern Border Security Strategy for achieving and maintaining effective control between and at the ports of entry in all border sectors along the Southern border, and (2) a Southern Border Fencing Strategy to identify where fencing and technology should be deployed along the Southern border. Establishes in the Treasury: (1) the Comprehensive Immigration Reform Trust Fund, and (2) the Comprehensive Immigration Reform Startup Account. Title I: Border Security - Increases the number of U.S. Customs and Border Protection (CBP) officers and CBP Air and Marine unmanned aircraft systems crew, marine agent, and personnel. Authorizes the transfer of officers and agents from the Northern border to the Southern border. Authorizes permanent funding for the Corporation for Travel Promotion. Establishes a program to recruit Armed Forces reservists and former members of the Armed Forces to serve in CBP and U.S. Immigration and Customs Enforcement (ICE). Authorizes the governor of a state, with the approval of the Secretary of Defense (DOD), to order National Guard units or personnel to perform operations in the Southwest border region to assist CBP in securing the southern border. Increases funding for additional attorneys, support staff, interpreters, pre-trial services, and U.S. marshals in order to increase the number of border crossing prosecutions in the Tucson sector of the Southwest border region. Directs the Secretary to enhance border infrastructure by: (1) constructing additional Border Patrol stations in the Southwest border region, (2) upgrading and establishing additional Border Patrol operating bases, and (3) establishing a grant program with the Secretary of Transportation (DOT) to construct transportation improvements at international border crossings. Directs the Federal Emergency Management Agency (FEMA) to enhance law enforcement and operational readiness along the U.S. borders through Operation Stonegarden. Directs the President to appoint additional district judges for Arizona, California, and Texas. Increases the fee for filing a civil action in U.S. district court to $360. Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to provide CBP personnel with security-related access to federal lands in the Southwest border region in Arizona. Requires CBP to deploy additional mobile, video, and portable surveillance systems, and unarmed, unmanned aerial vehicles (drones) in the Southwest border region. Establishes a grant program to improve emergency communications in the Southwest border region. Directs the Attorney General (DOJ) to reimburse state, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local offices of the United States Attorneys. Authorizes appropriations for the state criminal alien assistance program (SCAAP). Directs the Secretary to: (1) provide training for CBP officers, U.S. Border Patrol officers, U.S. Immigration and Customs Enforcement agents, U.S. Air and Marine Division agents, and agriculture specialists stationed within 100 miles of any U.S. land or marine border, or at any U.S. port of entry; (2) provide training for border community liaison officers; and (3) establish CBP child custody guidelines. Establishes the Department of Homeland Security Border Oversight Task Force. Terminates the Task Force 60 days after submission of a required report. Establishes within DHS an Ombudsman for Immigration Related Concerns. Directs the Secretary to consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations. Prohibits the Secretary from establishing border crossing fees for individuals at land ports of entry along the Southern and Northern borders. Human Trafficking Reporting Act of 2013 - Includes severe forms of trafficking in persons among "part 1 violent crimes" required to be reported by states for the Uniform Crime Reports of the Federal Bureau of Investigation (FBI) for purposes of Bureau of Justice Assistance Grants and Edward Byrne Memorial Justice Assistance Grants. Directs the Secretary to certify to Congress every six months that DHS has only deported or otherwise removed a migrant from the United States through an entry or exit point on the Southern border during daylight hours. Revises restrictions on payment of senior executives' compensation under contracts relating to border security. Title II: Immigrant Visas - Subtitle A: Registration and Adjustment of Registered Provisional Immigrants - Authorizes the Secretary, after conducting the required national security and law enforcement clearances, to grant RPI status to an alien unlawfully in the United States who: (1) meets specified eligibility requirements, (2) applies before the end of the application period, (3) has paid the required fee and penalty if applicable, and (4) has been physically present in the United States since December 31, 2011, and maintains such presence until RPI status has been granted. Establishes a processing fee for persons 16 years or older. Sets forth bars to eligibility based upon criminal convictions, terrorist activity, and grounds for excludability. Provides derivative RPI status to a qualifying spouse or child of an RPI alien. Authorizes a dependent spouse or child to apply for RPI status if the legal relationship between such person and the RPI alien ended due to death, divorce, or domestic violence. Grants RPI status for an initial six-year period, which may be extended under specified conditions. Permits an RPI alien to work and travel outside the United States under specified conditions. Enumerates the grounds under which the Secretary may revoke RPI status. Makes an RPI alien ineligible for any federal means-tested benefit, and considers such person to be a noncitizen for certain other federal benefits. Authorizes an RPI alien to: (1) be issued a Social Security number, and (2) enlist in the Armed Forces. Authorizes the Secretary to adjust the status of an RPI alien to that of an alien lawfully admitted for permanent residence if such person meets specified eligibility requirements. Prohibits an RPI alien from applying for lawful permanent resident status until the Secretary of State certifies that immigrant visas have become available for all approved petitions filed before the date of enactment of this Act. Establishes a processing fee. States that an RPI alien may only adjust status under the merit-based system provided for by this Act. States that a lawful permanent resident who was lawfully present in the United States and eligible for work authorization for not less than 10 years before becoming a lawful permanent resident may be naturalized in three years upon compliance with specified requirements. Development, Relief, and Education for Alien Minors Act of 2013 or DREAM Act 2013 - Authorizes the Secretary to adjust the status of an RPI alien to that of a lawful permanent resident if the person demonstrates that he or she: (1) has been in RPI status for at least five years; (2) was younger than age 16 when he or she entered the United States; (3) has earned a high school diploma or obtained a general education development certificate in the United States; (4) has acquired a degree from an institution of higher education or has completed at least two years in a program for a bachelor's or higher degree in the United States, or has served in the Uniformed Services for at least four years and, if discharged, received an honorable discharge; and (5) has provided a list of each secondary school attended in the United States. Prohibits the Secretary from adjusting the status of an RPI alien to lawful permanent resident status unless the person: (1) satisfies citizenship requirements, (2) submits appropriate biometric and biographic data, and (3) undergoes security and law enforcement background checks. Repeals the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence. Sets forth RPI program requirements regarding: (1) prohibited and required disclosures, (2) employer protections, (3) audits and information evaluation, (4) administrative review, (5) privacy and civil liberties, (6) judicial review, and (7) federal education benefits. Sets forth prohibitions on federal agency use or publishing of information furnished in a lawful status application pursuant to the DREAM ACT or the RPI programs. Establishes a criminal penalty for a person who knowingly misuses or publishes or permits the improper use of RPI application information. Establishes within U.S. Citizenship and Immigration Services a program to award grants to eligible nonprofit organizations to assist RPI applicants. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act regarding: (1) state termination of parental rights, (2) children separated from parents and caregivers, and (3) proof of authorization to work in the United States for purposes of OASDI insured status. Extends authority to waive the termination of annuity payments for re-employed Foreign Service annuitants. Establishes a Commonwealth of the Northern Mariana Islands-only lawful permanent resident status for certain long-term Commonwealth legal residents. Authorizes such aliens to receive an immigrant visa or to adjust to lawful permanent (U.S.) resident status. Subtitle B: Agricultural Worker Program - Agricultural Worker Program Act of 2013 - Confers "blue card status" upon an alien who: (1) has performed specified periods of U.S. agricultural employment or is a qualifying alien's spouse or child, (2) applied for such status during the application period, and (3) is not ineligible under the grounds applicable to RPI aliens. Sets forth protections for aliens apprehended before or during the application period, or in removal proceedings. Permits qualified nonimmigrants who have participated in the H-2A temporary agricultural worker program to apply from outside the United States. Prohibits the Secretary from granting blue card status unless the individual submits eligibility-related security and law enforcement biometric and biographic data. States that blue card status expires eight years after the date on which final blue card regulations are published. Establishes a processing fee for persons 16 years or old. Enumerates grounds under which the Secretary may revoke blue card status. Makes a blue card alien ineligible for any federal means-tested benefit. Authorizes the Secretary to adjust to RPI the status of an alien who has been granted blue card status if the alien is unable to fulfill the agricultural service requirement. Directs the Secretary to adjust a blue card alien (and spouse and children) to permanent resident status if the alien has fulfilled specified periods of agricultural employment. Requires payment of: (1) a $400 fine, and (2) any federal tax liability. Establishes criminal penalties for false application statements. Authorizes a blue card alien to correct certain social security records. Amends the Immigration and Nationality Act (INA) to create: (1) a W-3 nonimmigrant visa for an alien to perform agricultural services who has a written contract that specifies the wages, benefits, and working conditions of such full-time employment with a designated agricultural employer for a specified period of time; and (2) a W-4 nonimmigrant visa for an alien to perform agricultural services who has a full-time employment offer from a designated agricultural employer for such employment. Establishes the nonimmigrant agricultural (W-3 and W-4 visa) worker program. Establishes a program limit for the first five years which may be adjusted annually based upon demand and economic factors. Provides for a three-year period of admission with specified extension periods. Provides for worker portability. Prohibits derivative status for the spouses and children of program aliens. Excludes W-3 and W-4 workers from need-based federal financial assistance programs. Directs the Secretary to monitor program workers through E-Verify and an electronic monitoring system. Establishes a cut-off date for petitioning for H-2A temporary agricultural workers that is one year after the effective date of the regulations implementing the agricultural worker program under this Act. Subjects specified benefits programs to quarterly fraud investigations. Subtitle C: Future Immigration - Establishes a merit-based and points immigrant admissions system. Provides for: (1) 120,000 admissions per fiscal year, annual increases based upon specified admissions and employment conditions, and a maximum admissions cap of 250,000; (2) recapture of unused visas; and (3) lawful permanent resident status for such entrants. Provides that: (1) for FY2015-FY2017 the worldwide level of merit-based immigrant visas shall be available for skilled workers, professionals, and certain other workers; and (2) for subsequent fiscal years preference will be given to tier 1 and tier 2 aliens based upon a point allocation system. Awards tier 1 and tier 2 points to applicants for specified criteria. Establishes a $1,500 visa fee in addition to any application processing fee. Makes specified employment- and family-based applicants and long-term workers eligible for merit-based immigrant visas. Repeals the diversity immigrant program as of October 1, 2014. Permits aliens selected for FY2013 or FY2014 to retain program eligibility. Sets forth worldwide levels of employment- and family-based immigrants. Includes the spouse or minor child of a lawful permanent resident alien in the definition of "immediate family." Eliminates the per-country limit for employment-based immigrants and increases the per-country limit for family-based immigrants. Revises family-based immigrant visa allocations for: (1) unmarried sons and daughters of U.S. citizens, (2) married sons and daughters of U.S. citizens (requires that they be under 31 years old at time of filing), and (3) unmarried sons and daughters of U.S. lawful permanent residents. Eliminates the visa category for brothers and sisters of U.S. citizens. Exempts certain aliens from numerical limitations. Includes a community adversely affected by a recommendation of the Defense Base Closure and Realignment Commission as a targeted employment area for purposes of certain employment creation visa set-asides. Revises nonimmigrant V-visa (spouses and children of lawful permanent residents coming to the United States to wait for completion of the immigrant visa process) requirements. Makes fiances of lawful permanent residents eligible for a nonimmigrant K-visa (fiance or fiancee). Redefines "child" for purposes of titles I and II of INA to include a stepchild under 21 years old. Permits children under 18 years old to be adopted. Provides specified relief for orphans and spouses. Authorizes an immigration judge to terminate removal proceedings. Revises waiver of inadmissibility requirements, including waiving inadmissibility for certain persons who entered the United States before age 16 who have earned a degree from a U.S. institution of higher education. Considers a lawful permanent resident alien (and spouse or child) who is a doctor or health care worker residing in an eligible country and working in such capacity to be physically present and residing in the United States for naturalization purposes. Extends the Iraqi special immigrant visa program and the Afghan special immigrant visa program. Makes the special immigrant non-minister religious worker and the EB-5 regional center programs permanent. Provides discretionary special immigrant status for the surviving spouse or child of a U.S. government employee killed abroad in the line of duty who had performed faithful service for at least 15 years. Filipino Veterans Family Reunification Act - Exempts from worldwide or numerical limitations on immigrant visas the sons and daughters of a U.S. citizen and a parent who was a Filipino World War II veteran who was naturalized under the Immigration Act of 1990 or other specified federal law. Subtitle D: Conrad State 30 and Physician Access - Makes permanent the J-1 visa waiver program (Conrad state 30/medical services in underserved areas). Excludes from numerical immigration limitations any alien physicians who have completed national interest waiver requirements by working in a health care shortage area (including alien physicians who completed such service before enactment of this Act and their spouse and children). Sets forth specified employment protections and contract requirements for alien physicians working in underserved areas. Increases the number of alien physicians that may be allocated to a state. Provides for: (1) additional increases or decreases based upon demand, and (2) up to three visa waivers per fiscal year per state for physicians in academic medical centers. Subtitle E: Integration - Renames the DHS Office of Citizenship as the Office of Citizenship and New Americans. Revises Office functions. Establishes a Task Force on New Americans which shall establish a coordinated federal program and policy response to immigrant integration issues. Authorizes the Secretary, through U.S. Citizenship and Immigration Services, to: (1) establish the United States Citizenship Foundation to expand citizenship preparation programs, and (2) award grants to eligible nonprofit organizations for immigration integration programs. Establishes a pilot program of grants to states, local governments, or other qualifying entities to carry out immigrant integration programs, or to establish New Immigrant Councils to carry out such programs. Waives with respect to naturalization: (1) English language and civics requirements for persons over age 65 who have lived in the United States for at least 5 years as lawful permanent residents, and (2) the English language requirement for persons over age 60 who have lived in the United States for at least 10 years as lawful permanent residents. Prohibits the Secretary, before October 1, 2020, from requiring an applicant or petitioner for permanent residence or citizenship to use an electronic method to file an application or access a customer account. Makes certain battered aliens eligible for housing assistance. Amends the Child Citizenship Act of 2000, regarding naturalization of an alien child adopted by a U.S. citizen, to: (1) apply its requirements to any individual who satisfies requirements for naturalization, regardless of the date on which they were satisfied; (2) permit one parent to satisfy the preadoption visitation requirement; (3) grant automatic citizenship to a child in the legal custody of the citizen parent pursuant to a lawful admission; and (4) provide for the naturalization of adopted children who lack legal status or physical presence in the United States. Applies these amendments to any child adopted by a U.S. citizen regardless of the date of the adoption. Title III: Interior Enforcement - Subtitle A: Employment Verification System - Prohibits an employer from: (1) hiring, recruiting, or referring for a fee any alien who is not authorized to work in the United States; (2) failing to comply with E-Verify or document requirements; or (2) continuing to employ an unauthorized alien. Provides a good faith defense for an employer who has complied with document and E-Verify requirements. Sets forth: (1) employer and employee document requirements, and (2) employer penalties and civil rights protections. Sets forth E-Verify participation deadlines for federal agencies and departments, federal contractors, employers, agricultural laborers, tribal employers, and all other employers. Sets forth E-Verify program requirements. Declares that failure to participate in E-Verify shall constitute a civil violation. States that E-Verify remains in effect during the period of transition as provided for by this Act. Requires that within five years all Social Security cards issued shall be fraud-, tamper-, wear-, and identity theft-resistant. Makes specified forms of Social Security fraud punishable by fine, up to five years' imprisonment, or both. Directs the Commissioner of Social Security (SSA) to establish a secure method to check specified employee data against SSA data in order to confirm identity and employment eligibility. Prohibits the release of tax return information except as authorized by the Internal Revenue Code. Makes it an unfair immigration-related employment practice, with specified exceptions, for a person, entity, or employment agency to discriminate based upon an individual's national origin or citizenship status with respect to hiring, firing, or verifying employment eligibility. Establishes within U.S. Citizenship and Immigration Services the Office of the Small Business and Employee Advocate to assist small businesses and individuals comply with alien employment requirements. Subtitle B: Protecting United States Workers - Expands the U-visa (crime victims) category to include aliens who have suffered substantial physical or mental abuse or harm, or who would suffer extreme hardship upon removal, as a result of having been a victim of the following covered violations: (1) certain workplace abuses, (2) slavery or trafficking in persons, or (3) deprivation of due process or constitutional rights. Subtitle C: Other Provisions - Establishes in the Treasury the Interior Enforcement Account. Establishes: (1) a mandatory exit data system that shall include data collection from machine-readable visas, passports, and other travel and entry documents for all aliens exiting the United States from air and sea ports of entry; (2) a mandatory biometric exit data system at the 10 U.S. airports that support the highest volume of international air travel; and (3) a mandatory biometric exit data system at the Core 30 international airports in the United States. Directs the Secretary to implement an interoperable electronic data system to access database information from federal law enforcement agencies and the intelligence community for purposes of visa issuance, admissibility, or deportability. Requires an appropriate official of each commercial aircraft or vessel departing from the United States to any port or place outside the United States to ensure transmission to CBP of identity-theft resistant departure manifest information covering alien passengers, crew, and non-crew. Prohibits, with national security and specific suspect exceptions, federal law enforcement officers from using race or ethnicity in making routine law enforcement decisions. Increases penalties for cultivating or manufacturing controlled substances on federal property. Provides additional penalties under the Federal Sentencing Guidelines for: (1) the use of hazardous substances on federal land, and (2) the use or possession of firearms in connection with drug offenses on federal land. Subtitle D: Asylum and Refugee Provisions - Eliminates the one-year time limit for filing an asylum claim. Permits reopening a claim denied because of failure to file within one year. Authorizes the spouse or child of a refugee or asylee to bring his or her accompanying or joining child into the United States as a refugee or asylee. Terminates the waiver of specified visa requirements for certain aliens who were born and reside in Vietnam and who were fathered by a U.S. citizen. Authorizes the President to designate refugee groups. Authorizes: (1) the Secretary to designate specific groups of individuals as stateless persons, and (2) the Secretary or the Attorney General to provide conditional lawful status to a qualifying stateless person and adjust such person to lawful permanent resident status after one year. Sets forth protections for stateless persons in the United States. Increases the number of annual U-visas. Provides employment authorization for nonimmigrant U-visa and T-visa (trafficking victim) aliens whose applications are pending. Prohibits an alien from being admitted as a refugee or asylee until such person's identity has been checked against all appropriate databases. Tibetan Refugee Assistance Act of 2013 - Makes 5,000 immigrant visas available in FY2014-FY2016 for individuals born in Tibet who have been continuously residing in India or Nepal. Terminates the refugee or asylee status of an alien who: (1) without good cause returns to the alien's country of nationality or, in the case of an alien having no nationality, returns to the country in which the alien last habitually resided; and (2) applied for such status because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Makes such provision inapplicable to an alien eligible for adjustment to lawful permanent resident status pursuant to the Cuban Adjustment Act of 1966. Subtitle E: Shortage of Immigration Court Resources for Removal Proceedings - Directs the Attorney General to: (1) increase the number of immigration court judges, support staff, and Immigration Board of Appeals staff attorneys; and (2) appoint counsel in certain removal proceedings involving an unaccompanied child, an individual with a serious mental disability, or a particularly vulnerable individual. Establishes within the Executive Office for Immigration Review an Office of Legal Access Programs to educate aliens regarding administrative procedures and legal rights. Subtitle F: Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad - Requires any person who engages in foreign labor contracting to disclose in writing in English and in the primary language of the worker being recruited specified information, including the identity of the employer and the recruiter, worker protections, and a signed copy of the work contract. Prohibits any person who engages in foreign labor contracting from discriminating in hiring. Prohibits certain recruitment fees. Requires a foreign labor contractor to register with the Secretary of Labor. Establishes a registration fee. Directs the Secretary of Labor to: (1) maintain a list of all foreign labor contractors registered and a list of all foreign labor contractors whose registration has been revoked, and (2) establish a process for complaint investigation. Sets forth administrative and civil action enforcement requirements. Child Trafficking Victims Protection Act - Directs the Secretary to require the appropriate training of all personnel who come into contact with unaccompanied alien children. Sets forth child protection requirements. Directs the U.S. Agency for International Development (USAID) to implement a best practices program to ensure the safe repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence. Subtitle G: Interior Enforcement - Makes an alien who has been convicted of an offense for which an element was active and knowing participation in a criminal street gang inadmissible and deportable. Makes an alien: (1) inadmissible who is physically outside the United States and since the age of 18 knowingly participated in a criminal street gang, or (2) who is at least 18 years old ineligible for RPI status for criminal street gang activities. Makes an alien who has been convicted three or more times for driving under the influence or driving while intoxicated inadmissible and deportable. Revises the definition of "aggravated felony" regarding the evidentiary determination of minority in instances of murder, rape, or sexual abuse of a minor. Revises criminal penalty and related affirmative defense requirements regarding illegal entry and reentry. Increases monetary penalties for owners and operators of vessels and aircraft regarding stowaways and execution of removal orders. Amends the federal criminal code to revise and increase criminal penalties for passport, visa, and immigration fraud. Authorizes the Attorney General to commence a civil action to enjoin any fraudulent immigration service provider from continuing to provide services that substantially interfere with the administration of the immigration laws or from continuing to willfully misrepresent such provider's legal authority to provide representation. Makes an alien convicted of a passport or visa violation under the federal criminal code inadmissible and removable. Makes certain aliens inadmissible who: (1) refuse to comply with a lawful request for biometric information; or (2) have been convicted of a crime of domestic violence, stalking, child abuse, or are in violation of a domestic protection order. Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring five or more persons unlawfully into the United States. Establishes and increases monetary and/or prison penalties for such actions. Makes it a crime to transmit to another person the location, movement, or activities of law enforcement agents while intending to further an immigration-related crime. Prohibits the carrying or use of a firearm in an alien smuggling crime. Eliminates the provision permitting a U.S. national to renounce his or her citizenship during wartime. Authorizes special agents of the Department and the Foreign Service to investigate illegal passport or visa issuance or use, identity theft, document fraud, human trafficking, peonage, and federal offenses committed within the special maritime and territorial jurisdiction of the United States. Authorizes the Secretary to use secure alternatives programs to maintain custody over detained aliens, except for terrorist aliens. Sets forth detention facility oversight requirements. Revises bond hearing and notice to appear requirements. Limits the use of solitary confinement, prohibiting it for persons younger than age 18. Directs the Secretary of State to prohibit visas to persons of a country whose government denies or unreasonably delays accepting back their citizens, subjects, nationals, or residents. Makes inadmissible an alien who has committed acts of torture, extrajudicial killings, war crimes, or systematic attacks on civilians. Subtitle H: Protection of Children Affected by Immigration Enforcement - Humane Enforcement and Legal Protections for Separated Children Act or HELP Separated Children Act - Sets forth apprehension procedures for DHS and cooperating entity immigration enforcement-related activities. Requires DHS detention centers to provide for access to children, child welfare agencies, courts, and consular officials. Title IV: Reforms to Nonimmigrant Visa Programs - Subtitle A: Employment-based Nonimmigrant Visas - Establishes: (1) a nonimmigrant H-1B visa (specialty occupation) cap of 115,000 for the fiscal year after the date of enactment of this Act, and (2) a minimum of 115,000 visas and a maximum of 180,000 visas in subsequent years based upon market conditions. Sets forth fiscal year cap increases and decreases. Limits the exemption from H-1B numerical limitations to STEM occupations and increases the annual STEM allocation to 25,000. Authorizes an H-1B or L-visa (intra-company transferee) spouse to work if he or she is the national of a country that permits reciprocal employment. Provides deference to prior H-1B or L-visa adjudications involving the same employer and nonimmigrant absent material error, changed circumstances, or new information adversely affecting eligibility. Provides a 60-day lawful status period for an H-1B alien whose employment is terminated. Authorizes: (1) visa revalidation within the United States for specified nonimmigrant visa categories, and (2) waiver of consular interviews for low-risk applicants. Establishes in the Treasury the STEM Education and Training Account. Requires employers to submit a $1,000 fee along with an application for a certification. Sets aside specified amounts for: (1) a low-income STEM scholarship program, (2) K-12 STEM education, and (3) STEM capacity building at minority-serving institutions. Authorizes grants to eligible entities for American Dream Accounts for a group of low-income students. Requires an employer (except for nonprofit research institutions and nonprofit educational institutions) filing a petition to hire H-1B or L-visa aliens to pay a fee of: (1) $1,250 for each petition filed by any employer with not more than 25 full-time U.S. employees, and (2) $2,500 for each petition filed by any employer with more than 25 such employees. Subtitle B: H-1B Visa Fraud and Abuse Protections - Revises H-1B requirements for employer applications and application reviews. Revises requirements regarding (H-1C visa) nonimmigrant nurses in health professional shortage areas to: (1) permit a one-time three-year extension of admission, (2) reduce the maximum number of visas per fiscal year, and (3) authorize such a nonimmigrant to accept new employment as a registered nurse at any H-1C-qualifying facility. Prohibits an employer (other than an educational or research employer) that employs 50 or more employees in the United States from hiring additional H-1B or L-visa employees if the number of such employees exceeds specified limits. Revises H-1B employer complaint requirements. Directs the Secretary of Labor to establish an H-1B recruitment website. Establishes: (1) specified filing fees for H-1B-dependent employers, and (2) a fee for premium processing of employment-based immigrant petitions. Revises portability requirements for beneficiaries of immigrant petitions. Subtitle C: L Visa Fraud and Abuse Protections - Prohibits outplacement of L-1 visa workers (employees of an international company with offices in the United States and abroad) by certain employers. Authorizes and enumerates the requirements for: (1) outplacement of L-visa nonimmigrants, including payment of a $500 fee; and (2) 12-month approvals of new office L-visa petitions. Sets forth L-visa filing fee requirements for certain employers. Authorizes the Secretary to initiate complaints against L-visa employers. Sets forth related penalty requirements. Requires DHS to report to Congress regarding the use of L-visa blanket petitions. Subtitle D: Other Nonimmigrant Visas - Authorizes dual intent for F-1 visa foreign students, including students who commute from Canada or Mexico to study in the United States. Revises the nonimmigrant E-visa (treaty trader) category to: (1) include aliens seeking to enter the United States pursuant to a bilateral investment treaty or a free trade agreement, (2) establish an E-4 visa for specialty occupation workers (other than from Chile, Singapore, or Australia) to enter the United States pursuant to a free trade agreement, (3) establish an E-5 visa for specialty occupation workers who are nationals of the Republic of Korea (South Korea), and (4) establish an E-6 visa for qualifying workers who are nationals of certain sub-Saharan African or Caribbean Basin countries. Includes in the nonimmigrant E-3 visa category certain nationals of Ireland coming to the United States under a treaty of commerce to perform specialty occupation services. Extends portability to certain nonimmigrant O-1 visa holders (extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the motion picture or television industry). Permits specified nonimmigrant aliens granted employment authorization to continue employment with the same employer while an extension of stay application is adjudicated. Eliminates the 12-month attendance limit for elementary and secondary foreign students. Requires employers/sponsors to pay a $500 fee for each J-1 visa (cultural exchange visitor) alien admitted under the summer work travel program. Includes in the J-1 visa category persons coming to the United States to perform work involving a specialized knowledge or skill that requires proficiency in a language spoken in countries of which fewer than 5,000 nationals were lawfully admitted for permanent residence in the previous year. Establishes a $100 nonimmigrant F-1 (foreign student) visa fee. Directs the Secretary of State to develop a pilot program for processing B-visas (business or tourist visitors) using secure remote videoconferencing technology to conduct applicant interviews. Grants the Secretary of State access to all terrorism records and databases maintained by any U.S. agency or department in order to determine whether an applicant for admission poses a security threat. Authorizes the head of an agency or department to withhold such access if necessary to prevent the unauthorized disclosure of information that identifies intelligence or sensitive law enforcement sources, methods, or activities. Requires every alien applying for U.S. admission to submit to biographic and biometric screening to determine whether the alien is listed in any U.S. terrorist watch list or database. Prohibits, with specified exceptions, the entry of a listed person. Requires that notice of a revoked visa be immediately provided to the relevant consular officers, law enforcement, terrorist screening databases, and DHS port inspectors. Defines "abused derivative alien" as the spouse or child accompanying or joining a principal alien who has been subjected to the principal alien's battery or extreme cruelty. Directs the Secretary to grant or extend the admission status of an abused derivative alien for the longer of the same period for which the principal alien was admitted, or three years. Authorizes the Secretary to adjust the status of an abused derivative alien to that of a lawful permanent resident. Considers an alien crewman to have departed from Hawaii, Guam, or the Commonwealth of the Northern Mariana Islands after leaving its territorial waters without regard to whether the alien arrives in a foreign state before returning to Hawaii, Guam, or the Commonwealth of the Northern Mariana Islands. Makes citizens of the Compact of Free Association States (Federated States of Micronesia, Republic of the Marshall Islands, and Republic of Palau) lawfully residing in the United States eligible for Medicaid. Subtitle E: JOLT Act - Jobs Originated through Launching Travel Act of 2013 or JOLT Act of 2013 - Establishes a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the admission into the United States of a qualifying Canadian citizen over age 55 and spouse (who is not required to be over age 55) for a period not to exceed 240 days in any 365-day period who maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Prohibits U.S. employment. Establishes a nonimmigrant Y-visa for: (1) an alien who invests (and maintains) at least $500,000 in U.S. residential real estate, of which at least $250,000 must be for a U.S. primary residence where such person will reside for more than 180 days per year; and (2) such alien's accompanying or joining spouse and children. Requires a Y-visa alien to: (1) be at least 55 years old, (2) have purchased a qualifying residence, (3) not need public assistance, (4) possess health insurance, (5) live in the United States for more than 180 days per year, and (6) pay a $1,000 fee. Limits U.S. employment. Directs the Secretary to make available each month data for the previous two years regarding visa appointment availability for each visa processing post to allow applicants to identify periods when wait times may be shorter. Revises the visa waiver program to authorize the Secretary (in lieu of the Attorney General) to designate any country as a program country if it provides machine-readable passports and the visa refusal rate and overstay rate for nationals of that country were both not more than 3% in the previous fiscal year. Directs: (1) the Comptroller General (GAO) to review the Secretary's methods of tracking entering and exiting aliens and detecting overstays, and (2) the Secretary to evaluate the security risks of aliens entering the United States without an approved Electronic System for Travel Authorization verification. Expresses the sense of Congress that the Secretary, in conducting evaluations of visa waiver countries, should prioritize reviews of countries in which such review is necessary or desirable. Makes the Hong Kong Special Administrative Region of China (PRC) eligible for program country designation. Authorizes the inclusion in registered traveler programs of individuals who meet security requirements and are employed and sponsored by an international organization which maintains a strong working relationship with the United States. Prohibits enrollment of an individual who is a citizen of a state sponsor of terror. Requires U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security and resource allocation considerations; and (2) explore expanding visa processing capacity in China and Brazil. Establishes a $5 B-visa fee. Subtitle F: Reforms to the H-2B Visa Program - Exempts returning workers from the nonimmigrant H-2B visa (temporary nonagricultural services) annual numerical limitations through FY2018. Sets forth H-2B employer requirements, including payment of a $500 labor certification application fee. Authorizes the temporary nonimmigrant admission of: (1) multinational executives, managers, and multinational company employees coming for work-related purposes; and (2) certain relief workers coming in response to a federal or state declared disaster. Authorizes a B-visa alien to accept certain honorarium payments and associated incidental expenses. Establishes a temporary nonimmigrant Z-visa for certain aliens coming to perform health and safety-related maintenance or repairs for common carriers on equipment or machinery manufactured outside of the United States. Establishes a $500 fee for each such alien. American Jobs in American Forests Act of 2013 - Directs the Secretary of Labor, as a component of the H-2B (temporary nonagricultural workers) labor certification process for forestry employment, to take specified actions to recruit U.S. workers before hiring H-2B workers. Subtitle G: W Nonimmigrant Visas - Establishes the Bureau of Immigration and Labor Market Research which shall devise a methodology to: (1) determine the annual change to the nonimmigrant W-visa cap and use such methodology to set such caps, and and (2) designate shortage occupations by job zone. Establishes: (1) a nonimmigrant W-1 visa for an alien having a foreign residence who is coming to the United States to perform services or labor for a registered employer in a registered position, and (2) a nonimmigrant W-2 visa for such alien's accompanying or joining spouse or children. Provides that: (1) a certified alien may be granted W-visa status for an initial three-year period, with additional three-year extensions which may be made while in the United States; and (2) a W-visa alien must leave the United States if unemployed for more than 60 consecutive days. Requires an employer to pay a registered employer application fee. Sets forth requirements regarding: (1) employer eligibility, registration, U.S. worker recruitment requirements,and related requirements; (2) W-visa nonimmigrant protections; (3) eligible and ineligible occupations; (4) fees; (5) enforcement; and (6) annual admission limits. Subtitle H: Investing in New Venture, Entrepreneurial Startups, and Technologies - Establishes a nonimmigrant X-visa for a qualified entrepreneur: (1) who has secured at least $100,000 in investments from an accredited investor, venture capitalist, or government entity for such alien's U.S. business; or (2) whose U.S. business has created at least three qualified jobs during the previous two years and has generated at least $250,000 in annual revenue in the United States. Provides for an initial three-year period of authorized admission with specified extension periods. Establishes a $1,000 X-visa fee. Establishes an EB-6 immigrant investor visa (capped at 10,000 per year) for qualifying entrepreneur aliens (including aliens with advanced STEM degrees) living in the United States whose U.S. business has met specified job creation, revenue, and/or venture capital or investment requirements. Makes the EB-5 visa (alien investor) regional center program permanent. Authorizes a commercial enterprise affiliated with a regional center to file a preapproval petition. Authorizes a related premium processing (and fee) option. Authorizes termination of a previously approved regional center if persons in positions of authority have been involved in criminal, trafficking, espionage, or terrorist activity. Requires regional center compliance with securities laws. Terminates the status of an alien (and the alien's spouse and children) with conditional permanent resident status who is an employee of a federal national security, science and technology laboratory, center, or agency if the Secretary determines within one year of granting such status that: (1) the qualifying employment was intended as a means to evade U.S. immigration laws; (2) the alien has not completed, or is not likely to complete, the 12-month employment requirement; or (3) the alien was not meeting status requirements. Authorizes the Secretary to require an employment-based immigrant to pay an additional fee for a petition that includes the alien's spouse and child or children. Exempts spouses and children of EB-5 employment-based immigrants from EB-5 admissions limits. Increases the fiscal year EB-5 set-aside for qualified immigrants who invest in a new commercial enterprise which is investing capital and will create employment in a targeted employment area (TEA). Designates TEAs for a five-year renewable period. Authorizes concurrent filing of EB-5 petitions and applications for status adjustment to conditional lawful permanent resident Subtitle I: Student and Exchange Visitor Programs - Student Visa Integrity Act - Subjects to fine and a 15-year prison term an owner, official, employee, or agent of an educational institution who commits fraud or misuse of visas, permits, and other immigration documents in connection with the Student and Exchange Visitor Program (SEVP). Requires academic institutions (other than seminaries or other religious institutions) to be accredited for F-visa purposes if: (1) the institution is not already required to be accredited, and (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation. Authorizes the Secretary to impose a monetary fine and suspend authority to issue a Form I-20 with regard to an institution that fails to comply with the Student and Exchange Visitor Program (SEVIS) reporting requirements. Authorizes the Secretary, upon reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, another educational institution, or a designated exchange visitor program, has committed SEVP-related fraud, to suspend: (1) SEVP certification, and (2) such official's or such school's SEVIS access. Disqualifies permanently an owner or school official who is convicted of SEVP-related fraud from filing future petitions and from having an ownership interest or a management role in any U.S. educational institution that enrolls nonimmigrant alien students or nonimmigrant alien vocational students. Prohibits an individual from serving as a designated school official or from being granted SEVIS access unless the individual: (1) is a U.S. national or a lawful permanent resident alien who, during the most recent three-year period, has undergone a specified background check; and (2) has completed SEVP and SEVIS training. Authorizes the Secretary to collect a fee for each such security check. Prohibits any U.S. flight school from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration (FAA). Requires: (1) an accrediting agency, at the time it is required to notify the Secretary of Education and the appropriate state licensing agency of the final denial, withdrawal, suspension, or termination of an institution's accreditation, to notify the Secretary of such determination; and (2) the Secretary to withdraw the school from SEVP and prohibit the school from accessing SEVIS. Directs the Secretary to implement both phases of the second generation Student and Exchange Visitor Information System (SEVIS II) within two years.
United States · United States Congress · 1 October 2013
Indian Health Service Advance Appropriations Act of 2013 - Amends the Indian Health Care Improvement Act to require that for each fiscal year, beginning with FY2015, discretionary new budget authority for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service includes advance discretionary new budget authority for the following fiscal year. Directs the Secretary of the Interior to include in documents submitted to Congress in support of the President's budget for each of those fiscal years detailed estimates of the funds needed for such accounts for the fiscal year following the fiscal year for which the budget is submitted. Requires the President's budget to include information on estimates of those advanced appropriations.
United States · United States Congress · 27 September 2013
Expresses the sense of the House of Representatives that: (1) achievement of a two-state solution that enhances stability and security in the Middle East can ensure Israel's survival as a secure Jewish and democratic state and fulfill the legitimate aspirations of the Palestinian people for a state of their own; and (2) while the United States remains indispensable to any viable effort to achieve that goal, only the Israelis and the Palestinians can make the choices necessary to end their conflict. Commends Secretary of State Kerry for his efforts with Israeli, Palestinian, and other Arab leaders to advance a negotiated two-state solution. Supports a U.S. diplomatic initiative to facilitate direct negotiations between the Israelis and Palestinians, with the support of other Arab states and the international community, to reach an agreement to end their conflict.
United States · United States Congress · 25 September 2013
Amends the Reclamation States Emergency Drought Relief Act of 1991 to extend the authorities and authorization of appropriations under such Act through FY2018.
United States · United States Congress · 19 September 2013
Freedom and Mobility in Consumer Banking Act - Amends the Truth in Savings Act to prohibit depository institutions from: (1) prohibiting a consumer from closing a covered account (a checking, savings, or any other account that the Bureau of Consumer Financial Protection [CFPB] may include), regardless of whether the balance is positive, zero, or negative; (2) charging any fee to close such account; or (3) reopening such an account to apply subsequent debits after a consumer has requested the account to be closed, unless the consumer requests that the account be reopened. Requires depository institutions to provide consumers with a description of the policies and procedures in place to close such accounts at the time the account is opened, upon request, and on the websites of such institutions. Directs the CFPB to prescribe regulations relating to the closure of such accounts, including: (1) allowing consumers to receive available funds from a closed account in the form of a cashier's check, electronic funds transfer, or any other means offered by the institution or determined appropriate by the CFPB; (2) requiring depository institutions to provide consumers with certain information regarding any preauthorized transactions or direct deposits associated with an account before it is closed; (3) prohibiting a depository institution from reporting adverse information regarding such account to any consumer reporting agency if, at the time the account is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution; and (4) establishing the terms under which a depository institution may report to a consumer reporting agency that an account had a negative closing balance, provided that the institution notifies the consumer and provides a reasonable period for repayment of the balance. Directs the Comptroller General (GAO) to report to Congress and the CFPB regarding additional barriers that could limit the ability of a consumer to close a covered account. Requires the CFPB, after receiving such report, to determine whether regulations should be issued to remove such barriers.
United States · United States Congress · 17 September 2013
Strengthening Social Security Act of 2013 - Amends the Internal Revenue Code to prescribe special rules for the determination of taxable wages and self-employment income above the contribution and benefit base after 2013. Amends SSA title II to include surplus average indexed monthly earnings (AIME) in the determination of primary OASDI amounts. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to prepare and publish the Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age for purposes of an old-age, wife's, or husband's insurance benefit. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-EC the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals.
United States · United States Congress · 12 September 2013
Permanent Internet Tax Freedom Act - Amends the Internet Tax Freedom Act to make permanent the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.
United States · United States Congress · 12 September 2013
Authorizes the Secretary of Transportation (DOT) to implement or enforce a requirement providing for the screening, testing, or treatment of individuals operating commercial motor vehicles for sleep disorders (including obstructive sleep apnea) only if it is adopted pursuant to a rulemaking proceeding. Applies this Act only to a requirement adopted on or after September 1, 2013.
United States · United States Congress · 12 September 2013
Declares that the federal excise tax on new tractor trailer trucks, heavy duty trucks, and certain truck trailers should not be increased and that Congress should review the detrimental impacts of such tax in considering future transportation policy.
United States · United States Congress · 11 September 2013
Water Resources Reform and Development Act of 2013 - Title I: Program Reforms and Streamlining - Revises requirements for feasibility studies under the Water Resources Development Act (WRDA) of 1986 to: (1) limit the duration of any feasibility study to 3 years; (2) limit the cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted). Requires the Secretary of the Army, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews. Amends the WRDA of 2000 to authorize the Secretary to accept and expend funds contributed by a public utility company to expedite the evaluation of a permit for a water resources project or activity under the jurisdiction of the Department of the Army. Amends the WRDA of 2007 to designate the Corps as the federal lead agency in the environmental review process (i.e., preparation of an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]) for a water resources project study. Requires the Corps to: (1) facilitate the expeditious resolution of the environmental review process and complete documents required by NEPA, (2) conduct concurrent environmental reviews, and (3) establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project. Repeals requirements for: (1) a reconnaissance study by the Corps prior to initiating a feasibility study, and (2) review of the cost effectiveness of the design of each water resources project that has a total cost in excess of $10 million. Requires the Secretary to establish a process for the review of section 14 applications. Defines a "section 14 application" as an application for the temporary occupation or use of a public work or the alteration or permanent occupation or use of a public work. Authorizes a non-federal interest (i.e., a sponsor for a water resources project, including federally-recognized Indian tribes and nonprofit entities) to: (1) provide funds to the Corps to carry out feasibility studies and to carry out authorized federal water resources development projects, and (2) make contributions to the operation and maintenance of the inland navigation facilities. Extends the authority of the Secretary to carry out water-related planning activities and studies in Indian country in FY2014-FY2023. Directs the Secretary to establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-federal interests to carry out at least 15 authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, and hurricane and storm damage reduction. Requires the Secretary to submit annual reports to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works on feasibility studies under this Act and on proposed modifications to an authorized water resources development project or feasibility study. Requires the President, as part of the President's annual budget submission to Congress, to identify and recommend Corps construction projects for which Congress should provide funding at the full level authorized for such projects. Requires the Corps, as part of such budget process, to report on the prioritization of federal action for the next fiscal year to mitigate for fish and wildlife losses due to Corps water resources projects in the Missouri River Basin. Directs the Secretary to make specific project recommendations relating to flood and storm damage reduction activities under the Disaster Relief Appropriations Act, 2013. Directs the Secretary to: (1) carry out a locally preferred plan that provides a higher level of flood protection and is funded by non-federal interests; (2) evaluate alternatives to ensure safety of affected communities and the resiliency of water resources development projects to future flooding and storm events; and (3) establish procedures for providing the public and governmental entities, including Indian tribes, with timely information regarding expected water levels and preparedness actions. Amends the WRDA of 1974 to authorize the Secretary to provide technical assistance to states to encourage state programs for levee safety. Requires the Secretary to establish federal guidelines relating to levee safety. Requires the Secretary to: (1) undertake a comprehensive review of Corps policy on vegetation management for levees, and (2) report on the use of electronic commerce in federal procurement. Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby costal system. Directs the Secretary to encourage: (1) advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies; (2) corrosion prevention activities at water resources development projects; and (3) the use of durable, resilient, and sustainable material and practices in carrying out Corps activities. Requires the Secretary to conduct an assessment of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions. Expresses the sense of Congress that Congress should consider a water resources development bill not less than once every Congress. Title II: Navigation Improvements - Subtitle A: Ports - Authorizes the Secretary, for any fiscal year in which specified target appropriations are met, to use up to 5% of the total amount made available from the Harbor Maintenance Trust Fund for eligible operations and maintenance costs described in the WRDA of 1986 for that fiscal year for expanded uses of such Trust Fund. Amends the WRDA of 1986 to direct the Secretary to: (1) assess the operation and maintenance needs of harbors used for commercial navigation and fishing and other purposes; (2) make expenditures to pay for operation and maintenance costs of the harbors, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor; (3) allocate, in each of FY2015-2016, not less than 10% of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors (those that transit less than 1 million tons of commerce annually); and (4) manage and allocate funding for all individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. Authorizes the Secretary to enter into an agreement with a non-federal interest to maintain a navigation project for a harbor or inland harbor (federally authorized harbor) in accordance with the WRDA of 1986. Amends the WRDA of 2007 to direct the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise. Authorizes the Secretary, with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to reopen the Cape Arundel Disposal Site in Maine as an alternative dredged material disposal site. Subtitle B: Inland Waterways - Directs the Secretary, for certain projects for navigation infrastructure of the inland and intracoastal waterways, to utilize certified project managers, utilize risk-based cost estimates, evaluate early contractor involvement acquisition procedures, review the use of fully funded contracts or continuing contracts, identify best management practices to speed project delivery, and develop a portfolio of standard design for inland navigation locks. Directs the Secretary to develop and submit a 20-year investment strategy for making capital investments on the inland and intracoastal waterways. Directs the Comptroller General (GAO) to prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund. Directs the Secretary to study methods of financing the Inland Waterways Trust Fund, including issuance of tax-exempt bonds and imposing user fees, and to consider the feasibility of fees and revenues from alternative sources. Directs the Secretary to conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches to: (1) address the financial needs of the Inland Waterways Trust Fund, and (2) support the water infrastructure needs of the Inland Waterways System. Requires 25% of the cost of construction for the Olmsted Project (a navigation project for Locks 52 and 53 on the Lower Ohio River between Illinois and Kentucky) to be paid from amounts appropriated from the Inland Waterways Trust Fund. Expresses the sense of Congress that the appropriation for the Project should not be less than $150 million for each fiscal year until construction of the Project is completed. Requires the Secretary to submit to Congress an annual financial plan for any inland waterways project that has an estimated total cost of $500 million or more. Directs the Secretary, at least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, to: (1) provide notice of the proposed modification in the Federal Register, and (2) accept public comments on the proposed modification. Directs the Secretary to assess the operation and maintenance needs of the Atlantic Intracoastal Waterway. Directs the Secretary to study and report on the impact of closing the Upper St. Anthony Falls Lock and Dam in Minnesota on the economy and the environment. Provides for the closure of such facility if the annual average tonnage moving through it during the preceding 5 years was not more than 1.5 million tons. Authorizes the Cherokee Nation of Oklahoma to: (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. Title III: Deauthorizations and Backlog Prevention - Directs the Secretary to submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works, and publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007: (1) for which construction was not initiated before the enactment of this Act or for which no funds were obligated for construction of the project during the 5-year period ending on July 1, 2013; and (2) that has an estimated cost to complete of at least $12 billion. Directs the Secretary to conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for its missions. Provides that a water resources development project, or separable element of such project, shall not be authorized for construction by this Act after the last day of the seven-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. Deauthorizes projects for flood protection, navigation, shoreline protection, and other improvement at specified locations in California, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Texas, and Wisconsin. Provides for land conveyances in Oklahoma and Washington. Title IV: Water Resources Infrastructure - Authorizes specified final feasibility studies for water resources development and conservation and other purposes, including regarding: (1) navigation in Texas, Louisiana, Florida, and Georgia; (2) flood risk management in Kansas, California, Iowa, Minnesota, North Dakota, and Kentucky; (3) hurricane and storm damage risk reduction in North Carolina and California; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Maryland, Florida, Louisiana, Minnesota, and North Carolina. Modifies projects for: (1) navigation at Miami Harbor, Miami-Dade County, Florida, and at the Lower Ohio River, Illinois and Kentucky; and (2) flood control at Little Calumet River Basin (Cady Marsh Ditch), Indiana.
United States · United States Congress · 11 September 2013
War Powers Amendments of 2013 - Rewrites the War Powers Resolution. Includes consultation procedures concerning participation of U.S. Armed Forces in certain military operations of the United Nations (U.N.). Provides additional conditions on the emergency use of the Armed Forces.
United States · United States Congress · 9 September 2013
Immediate Establishment of Syrian War Crimes Tribunal Resolution - Expresses the sense of Congress that: (1) the United States should urge the government of Syria and other groups involved in the civil war in Syria to implement an immediate cease fire and engage in negotiations to end the bloodshed; (2) the United States should declare that it is a requirement of basic justice that war crimes, crimes against humanity, and genocide, whether committed by officials of the government of Syria or members of other groups involved in the civil war in Syria, should be investigated and prosecuted; (3) the President should direct the U.S. representative to the United Nations (U.N.) to promote the establishment of a Syrian war crimes tribunal; (4) in working with other countries to establish a Syrian war crimes tribunal the United States should promote judicial procedures that enable the prosecution of the most culpable persons guilty of directing such crimes; (5) the United States should make an immediate priority the collection of information for use as evidence to support the indictment and trial of any person responsible for war crimes, crimes against humanity, or genocide in Syria; and (6) the United States should urge other interested states to apprehend and deliver into the custody of a Syrian war crimes tribunal persons indicted for war crimes, crimes against humanity, or genocide in Syria, and urge such states to provide relevant information to the tribunal.
United States · United States Congress · 2 August 2013
Biennial Budgeting and Appropriations Act of 2013 - Amends the Congressional Budget Act of 1974 to require: (1) biennial (instead of annual) budget resolutions, (2) biennial appropriations Acts, and (3) biennial government strategic and performance plans. Makes conforming amendments to the Rules of the House of Representatives. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Requires: (1) a federal agency, upon request by a congressional committee, to provide appropriate information regarding its appropriations requests and program administration; (2) the Comptroller General to furnish to such committee summaries of any audits or reviews of such program which the Comptroller General has completed during the preceding six years; and (3) the Comptroller General, Director of the Congressional Budget Office (CBO), and the Director of the Congressional Research Service (CRS) to furnish such committee appropriate information, studies, analyses, and reports. Requires the Director of the Office of Management and Budget (OMB) to determine and report to Congress on the impact and feasibility of changing the definition of a fiscal year, and the budget process based on that definition, to a two-year fiscal period with a biennial budget process based on such period. Requires the President's budget submission for FY2016 to include: (1) an identification of the budget accounts for which an appropriation should be made for each fiscal year of the FY2016-FY2017 biennium, and (2) budget authority that should be provided for each such fiscal year for the budget accounts. Directs: (1) the House and Senate committees, during the first session of the 114th Congress, to work with the Comptroller General to develop plans to transition program authorizations to a multi-year schedule; and (2) the Comptroller General, during such Congress, to continue to provide assistance to Congress with respect to programmatic oversight, and in particular to assist the congressional committees in designing and conforming programmatic oversight procedures for FY2016-FY2017 biennium.
United States · United States Congress · 2 August 2013
Social Security Equality Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize the treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to OASDI benefits.
United States · United States Congress · 2 August 2013
Investor Choice Act of 2013 - Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to revise the authority of the Securities and Exchange Commission (SEC) to prohibit, or impose conditions or limitations on the use of, agreements that require customers or clients of any broker, dealer, or municipal securities dealer to arbitrate any future dispute between them arising under the federal securities laws, related rules and regulations, or the rules of a self-regulatory organization if it finds that prohibition, imposition of conditions, or limitations are in the public interest and for the protection of investors. Declares unlawful for a broker, dealer, funding portal, or municipal securities dealer (entities) to enter into, modify, or extend an agreement with customers or clients governing a future dispute between the parties that would mandate arbitration. Declares likewise unlawful acts by such entities that would restrict, limit, or condition the ability of a customer or client to: (1) select or designate a forum for dispute resolution, or (2) pursue a claim relating to a dispute in an individual or representative capacity or on a class action or consolidated basis.
United States · United States Congress · 2 August 2013
Smuggled Tobacco Prevention Act of 2013 or the STOP Act - Amends the Internal Revenue Code to restrict the sale, lease, export or import, or delivery of tobacco production machines to persons lawfully engaged in: (1) the sale, lease, export or import, or delivery of such machines; (2) the manufacture or packaging of tobacco products or processed tobacco; or (3) the application of unique identification markings onto tobacco products or processed tobacco packages. Requires every person having possession or control of such machines to register then immediately with the Secretary upon installation. Defines "tobacco production machine" as a machine used to manufacture or package tobacco products or processed tobacco or to apply unique identification markings or other tax-payment indicia to packages of tobacco products or processed tobacco. Extends record keeping requirements to wholesalers and retailers of tobacco products and processed tobacco. Requires manufacturers and importers of tobacco products to affix a unique identification marking to each package of tobacco products or processed tobacco prior to sale or distribution in the United States or prior to export. Directs the Secretary of the Treasury to design a system of unique identification markings that does not interfere with state, local, or tribal tax stamps and markings and that provides a unique serial number or tracking code for each tobacco product. Requires wholesalers of tobacco products to obtain permits for selling or exporting tobacco products. Establishes new criminal offenses relating to the licensing and distribution of tobacco products or processed tobacco. Increases the civil penalty for tobacco-related infractions from $1,000 to $10,000. Requires the Secretary of the Treasury to coordinate with other federal agencies and officials to prevent and reduce tobacco tax evasion and contraband trafficking in tobacco products and processed tobacco. Amends the Tariff Act of 1930 to impose a civil penalty for the importation of tobacco products and cigarette papers and tubes by fraudulent means. Provides for the enforcement of this Act in Indian tribal areas.
United States · United States Congress · 2 August 2013
Latin America Military Training Review Act - Directs the Secretary of the Army to suspend operation of the Western Hemisphere Institute for Security Cooperation (Institute). Suspends the authority of the Secretary of Defense to operate such an education and training facility until submission of a report containing the results of an investigation in response to violations of human rights to which training at such Institute contributed. Establishes: (1) a joint congressional task force to assess appropriate education and training for DOD to provide to military personnel of Latin American nations, and (2) a commission to investigate activities of the United States Army School of the Americas and its successor institution, the Institute.
United States · United States Congress · 2 August 2013
Protecting Access to Primary Care Act - Amends title XIX (Medicaid) of the Social Security Act to extend to nurse practitioners, physician assistants, clinical nurse specialists, and certified nurse midwives payment for primary care services furnished in 2013 and 2014 at a rate not less than 100% of the Medicare payment rate applicable to physician for such services.
United States · United States Congress · 2 August 2013
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 educators, counselors, and others to support educational efforts to prevent the epidemic bullying of Sikh-American children and families. Expresses support for outreach efforts by federal and local law enforcement leaders to prevent violence and hate crimes against Sikh-Americans. Urges the Federal Bureau of Investigation (FBI) and Department of Justice (DOJ) to adopt and implement recommendations of the FBI Advisory Policy Board to track hate crimes against Sikh-Americans, Hindu-Americans, Arab-Americans, and other groups.
United States · United States Congress · 1 August 2013
Saving More American Resources Today Grid Study Act of 2013 or SMART Grid Study Act of 2013 - Directs the Secretary of Homeland Security (DHS), and the heads of other federal departments and agencies, as necessary, to enter into an agreement with the National Research Council to research the future resilience and reliability of the nation's electric power transmission and distribution system. Names such research the "Saving More American Resources Today Study" or "SMART Study."
United States · United States Congress · 1 August 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 in honor of President Shimon Peres of Israel.
United States · United States Congress · 1 August 2013
National Right-to-Carry Reciprocity Act of 2013 - Amends the federal criminal code to authorize a person who is carrying a valid, government-issued identification document containing that person's photograph and a valid permit to carry a concealed firearm in one state, and who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, to possess or carry a concealed handgun (other than a machine gun or destructive device) in another state in accordance with the restrictions of that state.
United States · United States Congress · 1 August 2013
Supreme Court Ethics Act of 2013 - Requires the Supreme Court to promulgate a code of ethics for the Justices of the Supreme Court that shall include the five canons of the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, with any amendments or modifications that the Supreme Court determines appropriate.
United States · United States Congress · 1 August 2013
Behavioral Health Information Technology Act of 2013 - Amends the Public Health Service Act to include as a health care provider behavioral and mental health professionals, substance abuse professionals, psychiatric hospitals, certain community mental health centers, and residential or outpatient mental health or substance abuse treatment facilities. Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to incentives for meaningful use of certified electronic health records (EHR) technology under the pay schedule for physician's services, to include as additional eligible professionals clinical psychologists providing qualified psychologist services. Subjects any additional eligible professionals, including those under a MedicareAdvantage (MA) plan, to reductions in incentive payments after a certain date for failure to be a meaningful EHR user. Makes inpatient psychiatric hospitals eligible for payment for inpatient hospital services. Amends SSA title XIX (Medicaid) to treat as Medicaid providers: (1) public and certain private hospitals that are principally psychiatric hospitals, (2) certain community mental health centers, and (3) certain residential or outpatient mental health or substance abuse treatment facilities. Makes eligible professionals under the Medicaid program certain clinical psychologists providing qualified psychologist services. Authorizes a covered entity to submit to a patient safety organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology. Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology. Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or EHR used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an Reallotted adverse event involving certified EHR technology to information: (1) related to that event, and (2) from the period in which the event occurred. Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first. Requires tolling of this limitation, however, to the extent that the claimant is able to prove: (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person. Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only. Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety. Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.
United States · United States Congress · 1 August 2013
United States Coast Guard Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the United States Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. Requires the design of such coins to be emblematic of the traditions, history, and heritage of the Coast Guard, and its role in securing our nation since 1790. Prescribes design requirements. Restricts the issuance of such coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design and construction of the National Coast Guard Museum.
United States · United States Congress · 1 August 2013
Cider Industry Deserves Equal Regulation Act or the CIDER Act - Amends the Internal Revenue to revise the definition of "hard cider," for purposes of the excise tax on distilled spirits, wines, and beer, to mean any wine: (1) the carbonation level of which does not exceed 6.4 grams per liter; (2) which is derived primarily from apples, apple juice concentrate and water, pears, or pear juice concentrate and water; (3) which contains no fruit product or fruit flavoring other than apple or pear; and (4) which contains at least one-half of 1% and less than 8.5% alcohol by volume.
![Official portrait of Rep. DeFazio, Peter A. [D-OR-4]](https://www.congress.gov/img/member/d000191_200.jpg)