United States · United States Congress · 25 April 2013
Community Lending Enhancement and Regulatory Relief Act of 2013 or CLEAR Relief Act of 2013 - Directs the Board of Governors of the Federal Reserve System (Board) to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on the Assessment of Financial and Managerial Factors that: (1) apply the policy to bank holding companies having pro forma consolidated assets of less than $5 billion (adjusted annually), no engagement in nonbanking activities involving significant leverage, and no significant amount of outstanding debt; and (2) increase from 1.1 to 3.1 the debt-to-equity ratio allowable for a small bank holding company in order to retain its eligibility both to pay a corporate dividend and to implement expedited processing procedures under Regulation Y of the Board. Amends the Truth in Lending Act (TILA) to require the Board to exempt from certain escrow or impound requirements a loan secured by a first lien on a consumer's principal dwelling if the loan is held by a creditor with assets of $10 billion or less. Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices regarding disclosures of nonpublic personal information from those disclosed in the most recent disclosure sent to consumers. Amends the Securities Act of 1933 to direct the Securities and Exchange Commission (SEC) to conduct cost-benefit analyses of certain new or amended generally accepted accounting principles. Requires the SEC to determine, as a prerequisite to recognition of such new or amended principles, whether the benefits to investors significantly outweigh the costs. Amends the Sarbanes-Oxley Act of 2002 to exempt community banks having total assets on a consolidated basis of $10 billion or less from mandatory annual management assessment of internal controls. Amends TILA to: (1) add to the definition of a qualified residential mortgage loan that it is originated and retained in a portfolio for at least three years by a creditor having less than $10 billion total assets, and (2) redefine a balloon loan that is a "qualified mortgage" to specify a balloon loan extended by a creditor that originates and retains balloon loans in a portfolio for at least three years, and, together with all affiliates, has total assets of $10 billion or less. Amends the Real Estate Settlement Procedures Act of 1974 to direct the Consumer Financial Protection Bureau (CFPB) to provide either exemptions or adjustments from the mortgage loan servicing and escrow account administration requirements of the Act for servicers of 20,000 or fewer mortgage loans. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require federal financial institutions regulatory agencies to establish a $250,000 threshold level at or below which a certified or licensed appraiser is not required to perform appraisals in connection with federally related transactions. Declares that, if an order to request for the transfer of funds (entry) is received via an automate clearing house, a receiving depository financial institution shall not be required to verify that the entry is not a prohibited transaction if the originating depository financial institution has warranted its compliance with the sanctions programs administered by the Office of Foreign Assets Control in connection with the entry.
United States · United States Congress · 24 April 2013
Medicare DMEPOS Market Pricing Program Act of 2013 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to establish a market pricing program for durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) as a replacement for the competitive acquisition program, which is terminated as of December 31, 2013. Terminates contracts awarded before enactment of this Act on July 1, 2013. Prescribes requirements for transitional payments for items and services, including payments for diabetic supplies and off-the-shelf orthotics, in areas designated for rounds 1 and 2 of the erstwhile phase-in of the competitive acquistion program, as well as during the initial two-year period of the market pricing program. Directs the Secretary to: (1) conduct market-priced auctions in eligible auction areas throughout the United States for the furnishing of market priced items and services, (2) establish an auction design through a specified process and meeting certain requirements, and (3) ensure that the first auction will be conducted for all eligible auction areas not later than 14 months after contracting with an auction expert. Directs the Secretary to: (1) select a combination of two categories of items and services for each auction, (2) establish a lead product for each product category, (3) establish for each market priced item and service a clearing price equal to the highest cost bid that will meet capacity targets in the market area, (4) award a contract to any entity in an auction's eligible market area whose bid is at or below the clearing price, and (5) monitor the performance of suppliers that are awarded a contract to ensure their compliance with certain requirements. Requires the Secretary, through the Office of the Assistant Secretary for Planning and Evaluation, to contract with an auction expert and a market monitor to assist in the design, development, implementation, and functioning of the auction. Requires the market monitor, on an ongoing basis, also to monitor suppliers and the effects of the market pricing program. Rescinds unobligated balances of all discretionary appropriations for each fiscal year (except those for accounts, programs, projects and activities operated by the Department of Defense [DOD] or the Department of Veterans Affairs [VA]) in an amount necessary to make this Act budget neutral for such fiscal year.
United States · United States Congress · 23 April 2013
Promoting Automotive Repair, Trade, and Sales Act of 2013 or PARTS Act - Makes it not an act of infringement, with respect to a design patent that claims a component part of a motor vehicle as originally manufactured, to: (1) make, test, or offer to sell within the United States, or import into the United States, any article of manufacture that is similar or the same in appearance to the component part claimed in such design patent if the purpose of such article is for the repair of a motor vehicle to restore its appearance to as originally manufactured; and (2) use or sell within the United States any such same or similar articles for such restorations more than 30 months after the claimed component part is first offered for public sale as part of a motor vehicle in any country. Defines "component part" as a component part of the exterior of a motor vehicle only (such as a hood, fender, tail light, side mirror, or quarter panel), excluding an inflatable restraint system or other component part located in the interior of a motor vehicle. Specifies that an offer to sell includes any marketing of an article of manufacture to prospective purchasers or users and any pre-sale distribution. Applies this Act to any patent issued, or application filed, before, on, or after the effective date of this Act.
United States · United States Congress · 18 April 2013
Focusing the SEC on Its Mission Act - Amends the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission from requiring the disclosure by an issuer of any political expenditure.
United States · United States Congress · 15 April 2013
Audit Integrity and Job Protection Act - Amends the Sarbanes-Oxley Act of 2002 (SOX) to deny the Public Company Accounting Oversight Board any authority to require that audits conducted for a particular issuer of securities in accordance with SOX standards be conducted by specific auditors, or that such audits be conducted for an issuer by different auditors on a rotating basis.
United States · United States Congress · 15 April 2013
Concrete Masonry Products Research, Education, and Promotion Act of 2013 - Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete). Requires any such order to provide for the establishment of a Concrete Masonry Products Board, which shall carry out a program of promotion, research, and information regarding concrete products. Requires manufacturers and importers to maintain, and make available, specified records. Requires any such order to provide that assessments shall be paid by concrete manufacturers with respect to concrete manufactured and marketed in the United States. Provides assessment rates. Requires at least 50% of the assessments paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval among the manufacturers required to pay assessments under the order. Outlines referendum procedures. Provides for petition and review of an order, and order enforcement through U.S. district courts. Authorizes the Secretary to conduct appropriate investigations in order to administer this Act (with power of subpoena). Directs the Secretary to suspend or terminate any order or provision that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.
United States · United States Congress · 15 April 2013
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 11 April 2013
Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to declare that for any month that an individual is entitled to unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. States that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month.
United States · United States Congress · 11 April 2013
Prevent All Soring Tactics Act of 2013 or the PAST Act - Amends the Horse Protection Act (HPA) to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Directs the Department of Agriculture (USDA) to prescribe regulatory requirements to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. Prohibits issuing a license to any person unless such person is free from conflicts of interest. Authorizes USDA to revoke a license for unsatisfactory performance. Requires USDA to give a preference to persons who are licensed or accredited veterinarians in issuing the licenses. Requires USDA to assign USDA-licensed inspectors after receiving notice that management intends to hire the inspectors. Directs an inspector to issue a citation for violations and notify USDA of the violations within five days of the citation being issued. Requires USDA to: (1) publish on the Animal and Plant Health Inspection Service's website information on violations of such Act; and (2) disqualify a horse that is sore for specified time periods that increase after the first, second, and third instance. Prohibits a person in any horse show, horse exhibition, or horse sale or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse. Prohibits showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device that causes friction by rotating around a horse's leg or sliding up and down the leg or strikes the hoof, coronet band, fetlock joint, or pastern of the horse; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter a horse's gait and is not strictly protective or therapeutic. Increases the maximum criminal penalties and maximum civil liability penalties for certain HPA violations. Authorizes USDA to disqualify a violator from: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; or (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted. Permits USDA to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing.
United States · United States Congress · 10 April 2013
RFS Reform Act of 2013 - Amends the Clean Air Act to revise the renewable fuel program. Requires "renewable fuel," beginning on January 1, 2014, to be advanced biofuel. Revises the renewable fuel standards by: (1) decreasing the volume of renewable fuel that is required to be contained in gasoline sold or introduced into commerce in the United States in 2014 through 2022; and (2) eliminating the separate advanced biofuel volume requirements for those years. Requires the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel production in the next year, to determine for each cellulosic biofuel production facility: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31 of the current year, and (2) the estimated annualized volume of biofuel production for such facility for the current year. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. Prohibits the Administrator of the Environmental Protection Agency (EPA) from allowing the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. Nullifies waivers from requirements for new fuels and fuel additives that were granted before this Act's enactment and that allow the introduction of such gasoline for use in motor vehicles. Nullifies portions of the rule entitled, "Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs."
United States · United States Congress · 10 April 2013
Recognizes the independence of Israel as a significant event in providing refuge and a national homeland for the Jewish people and in establishing a democracy in the Middle East. Commends the bipartisan commitment of successive U.S. administrations and Congresses since 1948 to stand by Israel. Asserts the commitment of Congress to stand with Israel during times of uncertainty and reaffirms its bipartisan support for the alliance and friendship between the United States and Israel. Supports Israel's right to exist as a democratic, Jewish state and to defend itself and its people. Congratulates the United States and Israel for the strengthening of bilateral relations during the past decade in the fields of defense, diplomacy, and homeland security. Congratulates the people of Israel as they celebrate the 65th anniversary of Israel's independence.
United States · United States Congress · 9 April 2013
Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time. Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.
United States · United States Congress · 9 April 2013
Collegiate Housing and Infrastructure Act of 2013 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) which apply such grants to their collegiate housing property.
United States · United States Congress · 9 April 2013
Air Traffic Control Tower Funding Restoration Act - Amends the Consolidated and Further Continuing Appropriations Act, 2013 to increase funding to the Federal Aviation Administration (FAA) for air traffic organization activities. Allocates certain appropriations for contract tower program for contract towers in operation as of February 1, 2013. Specifies offsetting rescissions from FY2013 FAA appropriations for facilities and equipment and for research, engineering, and development.
United States · United States Congress · 21 March 2013
State Nutrition Assistance Flexibility Act of 2013 - States that the purpose of this Act is to provide federal financial assistance to the states in the form of a single grant to allow the states flexibility in providing, and financing the provision of, supplemental food and nutrition assistance. Directs the Secretary of the Treasury to provide each qualifying state with a specified quarterly grant for each of FY2014-FY2023. Requires a state to certify that such supplemental food and nutrition assistance will include specified work and benefits use requirements. Authorizes states to: (1) set aside funds to be used during periods of unexpectedly high unemployment or program enrollment, and (2) use up to 30% of funds for other welfare-related programs. Prohibits supplemental food and nutrition assistance from being provided to aliens who are not residing legally in the United States. Requires annual state audits. Sets forth federal program authorities and nondiscrimination provisions. Repeals the: (1) the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program); (2) the emergency food assistance program; (3) community food projects; (4) the commodity supplemental food program; (5) the senior farmers' market nutrition program; and (6) the fresh fruit and vegetable program.
United States · United States Congress · 21 March 2013
Jobs Originated through Launching Travel Act of 2013 or JOLT Act of 2013 - Amends the Immigration and Nationality Act to direct the Secretary of State (Secretary) to establish a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the Secretary to collect and set fee amounts. Authorizes the Secretary of Homeland Security (DHS) to admit into the United States a qualifying Canadian citizen over 50 years old and spouse for a period not to exceed 240 days if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Directs the Secretary to require overseas visa processing posts to make public the availability of visa appointments during periods of low demand to encourage visa applicants to apply when interview wait times are lowest. Revises the visa waiver program to: (1) authorize the Secretary of Homeland Security to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. Directs the Secretary to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; and (2) set a goal of interviewing 90% of all nonimmigrant visa applicants, worldwide, within 10 days of application receipt. Directs the Secretary to: (1) develop and conduct a pilot program for processing visas using secure remote videoconferencing technology, and (2) seek to coordinate enrollment and interview processes for individuals eligible for both a U.S. visa and enrollment in the Global Entry program.
United States · United States Congress · 21 March 2013
Repeals a provision of the Food, Conservation, and Energy Act of 2008 establishing an inspection and grading program for catfish and other species of farm-raised fish or shellfish effective on the date of enactment of such Act.
United States · United States Congress · 21 March 2013
Condemns the Democratic People's Republic of Korea (North Korea) for its: (1) continued violations of U.N. Security Council resolutions; (2) December 12, 2012, ballistic missile launch; (3) February 12, 2013, explosion of a nuclear device; and (4) threats and acts of provocation that aim to destabilize international security. Calls for North Korea to renounce further acts of aggression and abide by the Korean War Armistice Agreement. Condemns North Korea for its acts of oppression against its people. Reaffirms the support of the United States for its strategic allies. Supports Security Council Resolution 2094 (2013), and calls on the U.S. government and all responsible nations to apply all sanctions and obligations contained within Security Council Resolutions 1695 (2006), 1718 (2006), 1874 (2009), 2087 (2013), and 2094 (2013).
United States · United States Congress · 21 March 2013
Supports the goals of World Tuberculosis Day. Commends the progress made by U.S.-led anti-tuberculosis programs. Reaffirms the commitment of the House of Representatives to global tuberculosis control made through the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008.
United States · United States Congress · 21 March 2013
Pays tribute to the life and legacy of former Florida State Senator Larcenia J. Bullard. Commends the Bullard family for their service to the south Florida community and the nation.
United States · United States Congress · 20 March 2013
World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period.
United States · United States Congress · 20 March 2013
Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container. Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation. Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee. Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.
United States · United States Congress · 20 March 2013
Amends the Controlled Substances Act to remove dihydrocodeinone (hydrocodone) from classification as a schedule III controlled substance. Directs the Attorney General to immediately allow manufacturers and distributors to store hydrocodone compound products in accordance with the physical security requirements for schedule III, IV, and V controlled substances for three years beginning on the date enactment of this Act. Requires the Comptroller General to submit a report on the reclassification of hydrocodone products under this Act, including: (1) an assessment of the degree to which the reclassification of such products under this Act impacts the ability of patients with legitimate medical needs, particularly those in rural areas and nursing home facilities, to access adequate pain management; and (2) recommendations necessary to address any issues relating to patient access to adequate pain management.
United States · United States Congress · 19 March 2013
Auto Enroll Repeal Act - Amends the Fair Labor Standards Act of 1938 to repeal the requirement that employers with more than 200 full-time employees that offer enrollment in one or more health benefits plans enroll automatically all new full-time employees in one of those plans.
United States · United States Congress · 19 March 2013
Medicare Audit Improvement Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to establish a process which subjects to a single, combined maximum annual limit, applied incrementally, the number of additional documentation requests made to a hospital by Medicare administrative contractors, recovery audit contractors, or Comprehensive Error Rate Testing (CERT) program contractors pursuant to prepayment and postpayment audits requiring a hospital to submit a medical record for audit purposes. Directs the Secretary also to establish a distinct additional documentation request limit, computed according to a specified formula, for each hospital claim type for each hospital for a 45-day period in a year. Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare Integrity Program and use of recovery audit contractors. Requires the Secretary to ensure that recovery audit contracts include certain mandatory terms and conditions pertaining to: (1) penalties for certain compliance failures, (2) penalties for overturned appeals, (3) postpayment and prepayment audits, and (4) guidelines for prepayment review. Directs the Secretary to publish on the Internet website of the Centers for Medicare & Medicaid Services information on recovery audit contractor performance regarding: (1) audit rates, denials, and appeals outcomes; and (2) independent performance evaluations. Deems to be an original claim for Medicare part B (Supplementary Medical Insurance) payment a resubmitted hospital claim for Medicare part A payment for inpatient hospital services which a recovery audit contractor determines: (1) were not medically necessary and reasonable based on the site of service, but (2) would be medically necessary and reasonable in an outpatient setting of the hospital. Requires payment to be made for such a resubmitted claim for all furnished items and services for which payment may be made under Medicare part B. Deems to be a reopened claim, for purposes of a hospital's ability to resubmit a claim for Medicare payment in timely fashion, any claim that is the subject of an audit by a recovery audit contractor or a Medicare administrative contractor. Requires contracts for a recovery audit contractor to require that a physician review each denial of a claim for medical necessity made by an employee of the contractor who is not a physician. Subjects to administrative and judicial review the Secretary's compliance with guidelines for reopening and revising benefit determinations.
United States · United States Congress · 19 March 2013
Family Health Care Flexibility Act - Repeals provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 that: (1) restrict payments from health savings accounts, medical savings accounts, and health flexible spending arrangements for medications to prescription drugs and insulin only (thus allowing payments for over-the-counter medications); and (2) impose a $2,500 limitation on salary reduction contributions to a health flexible spending arrangement under a cafeteria plan.
United States · United States Congress · 15 March 2013
Gulf Fisheries Fairness Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to provide each of the states of Texas, Louisiana, Mississippi, Alabama, and Florida with exclusive fishery management authority over reef fish: (1) within the exclusive economic zone in the Gulf of Mexico in waters of a specified average depth on a continuous line within a minimum distance of nine nautical miles from the baseline from which the territorial sea of the United States is measured, and (2) between projected jurisdictional lines determined by the President under the Outer Continental Shelf Lands Act. Directs the Secretary of Commerce to publish a description and map of the applicable line along the coasts of such states. Prohibits the Secretary from suspending, revoking, terminating, or otherwise limiting the authority of any person under federal law to engage in fishing based on the person fishing for Gulf reef fish in waters subject to the exclusive authority of such states. Exempts such waters from specified federal regulatory requirements addressing fishery permits.
United States · United States Congress · 15 March 2013
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award, on behalf of Congress, of a gold medal in honor of the members of the 17 Bombardment Group (Medium), who became known as the Doolittle Tokyo Raiders, in recognition of their military service during World War II. Requires the medal to be given to the National Museum of the United States Air Force for display. Expresses the sense of Congress that such Museum should make the medal available for display elsewhere, particularly at locations and events associated with the Doolittle Tokyo Raiders.
United States · United States Congress · 14 March 2013
National Association of Registered Agents and Brokers Reform Act of 2013 - Amends the Gramm-Leach-Bliley Act to repeal the contingent conditions under which the National Association of Registered Agents and Brokers (NARAB) shall not be established. Establishes the NARAB without contingent conditions as an independent nonprofit corporation to prescribe, on a multi-state basis, licensing and insurance producer qualification requirements and conditions. Requires the NARAB, without affecting state regulatory authority, to provide a mechanism for the adoption and multi-state application of requirements and conditions pertaining to: (1) licensing, continuing education, and other qualifications of non-NARAB insurance producers; (2) resident or nonresident insurance producer appointments; (3) supervision and disciplining of such producers; and (4) the setting of licensing fees for insurance producers. Makes any state-licensed insurance producer eligible to join the NARAB, except during a period of license suspension or revocation. Requires an individual insurance producer to undergo a criminal history record check by the Federal Bureau of Investigation (FBI). Requires the NARAB to submit to the FBI identification information obtained from the insurance producer, upon producer request, as well as a request of its own for the criminal history record check. Authorizes the NARAB to: (1) establish membership criteria; and (2) deny membership to a state-licensed insurance producer on the basis of the criminal history information obtained, or where the producer has been subject to certain disciplinary action. Prohibits the NARAB from establishing criteria that unfairly limit the ability of a small insurance producer to become a member of NARAB. Authorizes the NARAB to establish separate classes of membership and membership criteria, and requires it to do so for business entities. Authorizes the NARAB to deny membership to any state-licensed insurance producer for failure to meet membership criteria. States that NARAB membership authorizes an insurance producer to engage in the business of insurance in any state for any lines of insurance specified in the producer's home state license, including claims adjustments and settlement, risk management, and specified insurance-related consulting activities. Makes NARAB membership equivalent to a nonresident insurance producer license for specified purposes. Retains state regulatory jurisdiction regarding consumer protection and market conduct. Directs the NARAB to establish, as a condition of membership, continuing education requirements comparable to those under the licensing laws of a majority of the states. Requires the NARAB to receive and refer any consumer complaints to state insurance regulators. Requires the NARAB to maintain a toll-free number and, as practicable, other alternative means of communication with consumers, such as an Internet webpage. Authorizes the NARAB to establish: (1) a central clearinghouse through which NARAB members may disclose their intent to operate in one or more states and pay their licensing fees; and (2) a database for the collection of regulatory information concerning the activities of insurance producers. Establishes the NARAB board of directors, whose membership shall include state insurance commissioners. Sets forth terms and procedures for appointment of members by the President. Authorizes reappointment to successive terms. Prohibits compensation on account of Board membership. Declares that the NARAB shall not be deemed to be an insurer or insurance producer within the meaning of any state law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance. Sets forth procedures for presidential oversight of the NARAB, including removal of the entire existing Board. Requires the NARAB to coordinate with the Financial Industry Regulatory Authority (FINRA) in order to ease any administrative burdens that fall on NARAB members subject to FINRA regulation.
United States · United States Congress · 14 March 2013
Stopping Needless Additional Performance Bonuses (SNAP) Act of 2013 - Amends the Food and Nutrition Act of 2008 to repeal the authority to make performance-based bonus payments to states under the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program).
United States · United States Congress · 14 March 2013
Provides that bond arbitrage requirements shall not apply to an issue of bonds that were partially defeased (made void) if: (1) such bonds are redeemed by the governmental issuer within 90 days of the sale of the escrow securities, and (2) any net profit remaining after the proceeds of the sale of the escrow securities have been applied to such redemption is used by the issuer for an essential governmental function within 12 months of such redemption. Makes this waiver applicable to bonds issued on January 4, 1990, that were partially defeased on July 19, 1996, with revenues of a municipally-owned electric and water system.
United States · United States Congress · 14 March 2013
Constitutional Amendment - Prohibits total outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each chamber, authorizes a specific excess of outlays over receipts. Prohibits total outlays for any fiscal year from exceeding the following: for the first fiscal year for which this Amendment takes effect, 20% of the estimated gross domestic product (GDP) of the United States for that year, and for each subsequent fiscal year, a percentage of the estimated GDP equal to the applicable percentage for the preceding fiscal year reduced by .1%. States, however, that spending for any fiscal year is not required to be less than 16% of the estimated GDP. Requires a three-fifths rollcall vote of each chamber to increase the public debt limit. Directs the President to submit a balanced budget (budget plan) to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a three-fifths majority of the whole number of each chamber by rollcall vote. Requires the budget plan to include a justification by each federal department or agency for any funding proposed in that plan. Authorizes waivers of these requirements: (1) when a declaration of war is in effect or under other specified circumstances involving military conflict, or (2) during declaration of a natural disaster.
United States · United States Congress · 14 March 2013
Express the sense of Congress that a carbon tax would be detrimental to American families and businesses and is not in the best interest of the United States.
United States · United States Congress · 13 March 2013
Mobile Workforce State Income Tax Simplification Act of 2013 - Prohibits the wages or other remuneration earned by an employee who performs employment duties in more than one state from being subject to income tax in any state other than: (1) the state of the employee's residence, and (2) the state within which the employee is present and performing employment duties for more than 30 days during the calendar year. Exempts employers from withholding of tax and information reporting requirements for employees not subject to income tax under this Act. Allows an employer, for purposes of determining penalties related to employer withholding or reporting requirements, to rely on an employee's annual determination of the time such employee will spend working in a state in the absence of fraud or collusion by such employee. Exempts from the definition of "employee" for purposes of this Act professional athletes, professional entertainers, and public figures who are persons of prominence who perform services for wages or other remuneration on a per-event basis.
United States · United States Congress · 13 March 2013
Expresses the sense of Congress that: (1) the President should not sign the Arms Trade Treaty, and that, if he transmits the Treaty with his signature to the Senate, the Senate should not ratify it; and (2) until the Treaty has been signed by the President, received the advice and consent of the Senate, and has been the subject of implementing legislation by Congress, no federal funds should be appropriated or authorized to implement the Treaty, or any similar agreement, or to conduct activities relevant to the Treaty, or any similar agreement.
United States · United States Congress · 12 March 2013
National Strategic and Critical Minerals Policy Act of 2013 - Declares that it is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain the nation's economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities. Directs the Secretary of the Interior, through the Bureau of Land Management (BLM) and the U.S. Geological Survey (Survey), to report to Congress: (1) an inventory of the nonfossil-fuel mineral potential of lands under BLM and U.S. Forest Service jurisdiction; (2) an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands; (4) an itemized list of all use authorizations for which applications are pending; (5) an assessment of the impact of litigation on the processing or issuing of permits; (6) an assessment of the federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering; and (7) an inventory of rare earth element potential on federal lands, and impediments to or restrictions on the exploration or development of those rare earth elements, with recommendations to lift the impediments or restrictions while maintaining environmental safeguards. Requires progress reports to Congress on: (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; (2) implementation of recommendations in National Research Council reports on "Minerals, Critical Minerals, and the U.S. Economy" and on "Managing Minerals for a Twenty-First Century Military"; (3) the Department of Energy (DOE) Critical Materials Strategy I and II; and (4) a specified Department of Defense (DOD) assessment and plan for critical rare earth elements in defense applications. Directs the Survey, for the first National Mineral Assessment conducted after enactment of this Act, to include mineral assessments for mineral commodities important to the nation's energy infrastructure, manufacturing and agricultural industries, and to the national defense. Urges priority be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Directs the Survey to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Requires such assessments to include an analysis, developed with participation by the National Minerals Information Center, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users.
United States · United States Congress · 12 March 2013
SEC Regulatory Accountability Act - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: (1) identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; (2) use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; (3) identify and assess available alternatives that were considered; and (4) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. Requires the SEC to: (1) consider whether the rulemaking will promote efficiency, competition, and capital formation; (2) consider the impact of the regulation upon investor choice, market liquidity, and small business; (3) explain in its final rule the nature of comments received concerning the proposed rule or rule change; and (4) respond to those comments, explaining any changes made in response and the reasons that it did not incorporate industry group concerns regarding potential costs or benefits. Requires the SEC to: (1) review its existing regulations periodically to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Requires the SEC, whenever it adopts or amends a major rule, to state in its adopting release: (1) the purposes and intended consequences of the regulation, (2) the post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and the extent to which it has accomplished the stated purposes, (3) the assessment plan that will be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and (4) any foreseeable unintended or negative consequences. Requires the assessment plan to: (1) consider the costs, benefits, and intended and unintended consequences of the regulation; and (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date. Waives notice and comment requirements for the data collection if the SEC has published its assessment plan for notice and comment at least 30 days before adoption of a final regulation or amendment. Expresses the sense of Congress that other regulatory entities, including the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, and any national securities association registered under the Securities Exchange Act of 1934, should also follow the requirements set forth by this title.
United States · United States Congress · 12 March 2013
Life at Conception Act - Declares that the right to life guaranteed by the Constitution is vested in each human being beginning at the moment of fertilization, cloning, or other moment at which an individual comes into being. Prohibits construing this Act to authorize the prosecution of any woman for the death of her unborn child.
United States · United States Congress · 12 March 2013
Safeguard American Food Exports Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale or transport of equines (horses and other members of the equidae family) or their parts (including flesh, meat, and viscera), or the importing or exporting of equines or their parts into or out of the United States, by any person who knows or should have known that such equines are to be slaughtered for human consumption as food.
United States · United States Congress · 12 March 2013
National Diabetes Clinical Care Commission Act - Establishes within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and make recommendations regarding better coordination and leveraging of federal programs that relate in any way to supporting appropriate clinical care for people with pre-diabetes and diabetes. Sets forth the duties of the Commission, which shall include: (1) evaluating HHS programs, (2) identifying current activities and critical gaps in federal efforts to support clinicians in providing care to people with pre-diabetes and diabetes, (3) recommending how an outcomes-based registry may be developed and then used to evaluate various care models and methods, (4) evaluating and expanding education and awareness to health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes, and (5) reviewing and recommending appropriate methods for outreach and dissemination of educational resources related to diabetes prevention and treatments. Requires the Commission to submit an operating plan to the Secretary and Congress within 90 days of its first meeting.
United States · United States Congress · 12 March 2013
National Association of Registered Agents and Brokers Reform Act of 2013 - Amends the Gramm-Leach-Bliley Act to repeal the contingent conditions under which the National Association of Registered Agents and Brokers (NARAB) shall not be established. Establishes the NARAB without contingent conditions as an independent nonprofit corporation to prescribe, on a multi-state basis, licensing and insurance producer qualification requirements and conditions. Requires the NARAB, without affecting state regulatory authority, to provide a mechanism for the adoption and multi-state application of requirements and conditions pertaining to: (1) licensing, continuing education, and other qualifications of non-NARAB insurance producers; (2) resident or nonresident insurance producer appointments; (3) supervision and disciplining of such producers; and (4) the setting of licensing fees for insurance producers. Makes any state-licensed insurance producer eligible to join the NARAB, except during a period of license suspension or revocation. Requires an individual insurance producer to undergo a criminal history record check by the Federal Bureau of Investigation (FBI). Requires the NARAB to submit to the FBI identification information obtained from the insurance producer, upon producer request, as well as a request of its own for the criminal history record check. Authorizes the NARAB to: (1) establish membership criteria; and (2) deny membership to a state-licensed insurance producer on the basis of the criminal history information obtained, or where the producer has been subject to certain disciplinary action. Prohibits the NARAB from establishing criteria that unfairly limit the ability of a small insurance producer to become a member of NARAB. Authorizes the NARAB to establish separate classes of membership and membership criteria, and requires it to do so for business entities. Authorizes the NARAB to deny membership to any state-licensed insurance producer for failure to meet membership criteria. States that NARAB membership authorizes an insurance producer to engage in the business of insurance in any state for any lines of insurance specified in the producer's home state license, including claims adjustments and settlement, risk management, and specified insurance-related consulting activities. Makes NARAB membership equivalent to a nonresident insurance producer license for specified purposes. Retains state regulatory jurisdiction regarding consumer protection and market conduct. Directs the NARAB to establish, as a condition of membership, continuing education requirements comparable to those under the licensing laws of a majority of the states. Requires NARAB to receive and refer any consumer complaints to state insurance regulators. Requires the NARAB to maintain a toll-free number and, as practicable, other alternative means of communication with consumers, such as an Internet webpage. Authorizes the NARAB to establish: (1) a central clearinghouse through which NARAB members may disclose their intent to operate in one or more states and pay their licensing fees; and (2) a database for the collection of regulatory information concerning the activities of insurance producers. Establishes the NARAB board of directors, whose membership shall include state insurance commissioners. Sets forth terms and procedures for appointment of members by the President. Authorizes reappointment to successive terms. Prohibits compensation on account of Board membership. Declares that NARAB shall not be deemed to be an insurer or insurance producer within the meaning of any state law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance. Sets forth procedures for presidential oversight of NARAB, including removal of the entire existing Board. Requires the NARAB to coordinate with the Financial Industry Regulatory Authority (FINRA) in order to ease any administrative burdens that fall on NARAB members subject to FINRA regulation.
United States · United States Congress · 11 March 2013
Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. (Thus exempts an entity entering into a utility operations-related swap with a utility special entity from mandatory registration as a swap dealer.) Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines "utility special entity" as a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation; (2) supplies natural gas or electric energy to another utility special entity; (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers; or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines "utility operations-related swap" as one that: (1) is entered into to hedge or mitigate commercial risk; (2) is associated with specified transactions in electric energy or natural gas; and (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class; or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.
United States · United States Congress · 11 March 2013
Flat Tax Act - Amends the Internal Revenue Code to authorize an individual or a person engaged in business activity to make an irrevocable election to be subject to a flat tax (in lieu of the existing income tax provisions) of 19% for the first two years after an election is made, and 17% thereafter. Calculates taxable income for individual taxpayers by subtracting a basic standard deduction and an additional standard deduction for each dependent from the total of wages, retirement distributions, and unemployment compensation. Defines "business taxable income" to mean gross active income reduced by the cost of certain business inputs. Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19% for the first two years after an election is made under this Act and 17% thereafter. Repeals the estate, gift, and generation-skipping transfer taxes. Requires a two-thirds vote of the House of Representatives or the Senate to increase the flat tax rate proposed by this Act or to reduce the amount of the standard deduction or business-related deductions allowed by this Act.
United States · United States Congress · 11 March 2013
Rescinds $500 million of unobligated amounts of foreign assistance for Egypt. Appropriates $500 million for the Department of Defense (DOD) tuition assistance program for FY2013.
United States · United States Congress · 7 March 2013
Making College Affordable Act of 2013 - Amends the Internal Revenue Code, with respect to Coverdell education savings accounts, to: (1) increase the age limit for beneficiaries of such accounts after which contributions may not be made from age 18 to age 26, (2) increase the maximum contribution limit in any taxable year from $2,000 to $10,000, and (3) allow an annual inflation adjustment to the increased contribution limit for taxable years beginning in a calendar year after 2013.
United States · United States Congress · 6 March 2013
Low Value Shipment Regulatory Modernization Act of 2013 - Expresses the sense of Congress that the United States Trade Representative (USTR) should encourage other countries, through bilateral, regional, and multilateral fora, to establish commercially meaningful de minimis values for express and postal shipments of articles that are exempt from customs duties and certain entry documentation requirements, as appropriate. Amends the Tariff Act of 1930 to increase from $200 to $800 for 2014, and to $800 adjusted annually for inflation after 2014, the aggregate retail value in the country of shipment of articles that may be imported duty-free into the United States by one person on one day.
United States · United States Congress · 5 March 2013
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 5 March 2013
Personal Health Investment Today Act of 2013 or the PHIT Act of 2013 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for married couples filing jointly or heads of household) of qualified sports and fitness expenses. Defines "qualified sports and fitness expenses" as amounts paid for fitness facility memberships, physical exercise programs, and exercise equipment.
United States · United States Congress · 4 March 2013
United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a major strategic partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Amends the the Energy Independence and Security Act of 2007 to extend the grant program for U.S.-Israeli cooperation on research, development, and commercialization of renewable energy or energy efficiency. Expresses the sense of Congress that the United States and Israel should increase cyber-security cooperation. Urges the President to provide assistance for enhancement of the David's Sling Weapon System, the joint United States-Israel Arrow Weapon System, and the Iron Dome short-range rocket defense system. States that it shall be U.S. policy to include Israel in the visa waiver program when Israel satisfies such program's inclusion requirements.
United States · United States Congress · 4 March 2013
Health Care Conscience Rights Act - Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in such title shall require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering or issuing, to that individual, individual coverage excluding such item or service. Makes similar denials about requiring a sponsor to sponsor, purchase, or provide such coverage, or a health insurance issuer or group health plan sponsor to cover an abortion or other item or service to which the sponsor or issuer has a moral or religious objection. Denies also that such title authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, in relation to health insurance coverage or a group health plan that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action to be commenced and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity.
![Official portrait of Rep. Ross, Dennis A. [R-FL-15]](https://www.congress.gov/img/member/115_rp_fl_15_ross_dennis_200.jpg)