United States · United States Congress · 21 November 2013
Authorizes the Secretary of Transportation (DOT) to implement or enforce a requirement providing for the screening, testing, or treatment of airmen or air traffic controllers 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 November 1, 2013.
United States · United States Congress · 21 November 2013
International Violence Against Women Act of 2013 - Directs the Secretary of State to establish an Office of Global Women's Issues which shall be headed by an Ambassador-at-Large for Global Women's Issues. Directs the Ambassador-at-Large to coordinate U.S. government efforts regarding gender integration and advancing the status of women and girls in U.S. foreign policy. Establishes in the U.S. Agency for International Development (USAID) a Senior Coordinator for Gender Equality and Women's Empowerment who shall direct USAID activities, policies, programs, and funding relating to gender equality and women's empowerment. Directs the Ambassador-at-Large to develop or update annually for six years a U.S. global strategy to prevent and respond to violence against women and girls. Authorizes the Secretary and the Administrator of USAID to provide assistance to prevent and respond to violence against women and girls internationally.
United States · United States Congress · 20 November 2013
Universal Racial Profiling Elimination Standards, and Procedures for Effective Constitutional Rights Training Act or the Universal RESPECT Act - Prohibits federal law enforcement agents from engaging in racial profiling. Requires: (1) the Attorney General to review all applicable law enforcement policies and procedures to ensure that they are sufficient to eliminate racial profiling while performing official law enforcement duties, and (2) the Secretary of Homeland Security (DHS) to ensure that no recipient of covered federal law enforcement assistance engages in racial profiling. Directs the Officer for Civil Rights and Civil Liberties and the Director of the Federal Law Enforcement Training Center (FLETC) to develop and incorporate any necessary changes to all training, curriculum, and professional certification classes to ensure consistency with the requirements of this Act. Requires: (1) the Director to identify, develop, and update model practices that prevent racial profiling; and (2) the Federal Law Enforcement Training Accreditation Board (FLETAB) to incorporate such practices into the law enforcement community through the Federal Law Enforcement Training Accreditation Model Practice Clearinghouse and other means. Directs FLETAB to: (1) develop a standard of review of anti-racial profiling components of law enforcement training curricula, and (2) deny accreditation or reaccreditation to academies, programs, and instructors not meeting such standard. Requires: (1) the Officer and the Office for State and Local Government Coordination to review the Peace Officer Standards and Training (POST) or equivalent program of the states to assess the anti-racial profiling education component of such curricula, and (2) the Secretary to notify states of deficiencies in the curriculum and to make available to the states assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards. Amends the Homeland Security Act of 2002 to require state, local, and tribal government recipients of DHS grants for law enforcement to certify that they do not engage in racial profiling. Directs the Officer and the FLETC to develop guidance, outreach, training, and programs that include civil rights and civil liberties training, in particular programs designed to prevent racial profiling. Directs the Secretary to: (1) develop and distribute to state, local, and tribal authorities courses and materials that comply with the Grant Programs Directorate Information Bulletin No. 373 or successor bulletin for integration into the curricula for recruits and recurrent training for experienced law enforcement officers; and (2) make available to the states assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards. Requires guidance for DHS grants for law enforcement to inform recipients that expenditures on any training, programs, presentations, and speakers that are acquired from an entity other than DHS must be approved in advance by the Chief Privacy Officer and the Office for Civil Rights and Civil Liberties. Grants the Officer primary jurisdiction over all matters relating to the review, implementation, and oversight of the requirements of this Act. Requires the Officer: (1) using information gained by investigations of complaints and information indicating possible abuses of civil rights or civil liberties by DHS employees and officials or that are related to DHS activities, to make recommendations to DHS for improvements in policy, supervision, training, and practice related to civil rights or civil liberties or for the relevant office to review the matter and take appropriate action; and (2) to review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by law enforcement agencies receiving grants or assistance from DHS. Requires each DHS component and executive agency to ensure that it provides the Officer with access to requested information within 30 days after the Officer requests it. Authorizes the Officer to require access by subpoena to any institution or entity outside of the federal government and any record relating to such institution or entity that is the subject of or related to an investigation. Authorizes the Officer to: (1) request the assistance of the Inspector General to investigate compliance with civil rights protection standards and complaints of racial profiling by law enforcement agencies; and (2) suspend the eligibility of a state, local, or tribal law enforcement agency to receive grants or training at federal law enforcement training facilities for violating this Act until the practices of the agency are brought into compliance. Requires law enforcement entities receiving grants or training from DHS to: (1) collect data on all routine or spontaneous investigatory activities, (2) provide that the data collected shall include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling, (3) utilize a standardized form that shall be made available to law enforcement agencies, (4) maintain all data collected for not less than four years, and (5) protect the privacy of individuals whose data is collected. Directs the Officer to receive and maintain data from the states on: (1) the implementation of racial profiling education curricula in state POSTor equivalent state-level program peace officer certification, (2) the adoption rate by state POST programs of the FLETAB model practices on racial profiling, (3) the number of credible complaints of improper racial profiling practices filed against state law enforcement entities, (4) the disposition of such complaints, and (5) the disciplinary action by state law enforcement entities against officers and agents adjudicated guilty of improper racial profiling practices. Requires the Secretary's annual report on the Officer to include a section related to the enforcement of this Act.
United States · United States Congress · 20 November 2013
Emergency Unemployment Compensation Extension Act of 2013 - Amends the Supplemental Appropriations Act, 2008 to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before January 1, 2015. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until December 31, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and June 30, 2015, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to December 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the Supplemental Appropriations Act, 2008 to appropriate funds out of the employment security administration account through FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2014, the temporary increase in extended unemployment benefits.
United States · United States Congress · 15 November 2013
Authorizes the appointment of hearing aid specialists in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA). Requires an eligible person to: (1) hold an associate's degree in hearing instrument sciences or its equivalent from a college or university approved by the VA Secretary or have successfully completed an approved hearing aid specialist apprenticeship program, and (2) be licensed as a hearing aid specialist or its equivalent in a state. Requires the Secretary to: (1) submit an annual report on timely access to hearing health services and on contracting policies with respect to providing hearing health services in non-VA facilities, and (2) update and reissue the VHA handbook entitled "VHA Audiology and Speech-Language Pathology Services" to reflect the requirements of this Act.
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
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 · 13 November 2013
Commercial Vessel Discharges Reform Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a permit from being required under such Act for a discharge incidental to the normal operation of a covered vessel. Defines a "covered vessel" to mean every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service and that is: (1) less than 79 feet in length; or (2) a fishing vessel, regardless of length. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) determine, within one year, the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate adverse impacts on the waters of the United States; and (2) review such determination every five years. Requires the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, to promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable. Prohibits, upon the promulgation of such regulation, the owner or operator of a covered vessel from operating in, or discharging such discharge into, navigable waters, if the owner or operator of the vessel is not using such practices.
United States · United States Congress · 12 November 2013
Putting Our Veterans Back to Work Act of 2013 - Amends the: (1) VOW to Hire Heroes Act of 2011 to extend through March 31, 2016, the veterans retraining assistance program; and (2) Wounded Warrior Act to extend through 2016 the authority of the Secretary of Veterans Affairs (VA) (Secretary) to provide the same rehabilitation and vocational benefits to members of the Armed Forces (members) with severe injuries or illnesses as are provided to veterans. Extends through: (1) March 31, 2016, additional VA rehabilitation programs for certain disabled veterans who have completed a VA rehabilitation program and have exhausted their rights to state unemployment benefits; and (2) FY2015 the collaborative veterans' training, mentoring, and placement program. Directs the Secretary to develop a single, unified federal web-based employment portal for veterans to access information on federal programs and activities concerning veterans employment, unemployment benefits, and training. Directs the: (1) Secretary of Homeland Security (DHS) to award grants to hire veterans as firefighters, and (2) Attorney General (AG) to award grants to hire veterans as law enforcement officers. Requires the head of each executive and defense agency to consider favorably, as an evaluation factor in federal solicitations for contracts and task or delivery orders valued at or above $25 million, the employment by a prospective contractor of veterans constituting at least 5% of the contractor's workforce. Allows a veteran on whose behalf a complaint of a violation of employment or reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is made by the AG to intervene in such action, and to obtain appropriate relief. Requires the AG, within 60 days after receiving a referral of an unsuccessful attempt to resolve a complaint relating to a state or private employer, to notify the person on whose behalf the complaint is submitted of either the decision to commence such an action or of when such decision is expected to be made. Requires, in the latter case, such decision to be made within an additional 30 days. Requires the AG to commence such an action when there is reasonable cause to believe that a state or private employer is engaged in a pattern or practice of resistance to the full enjoyment of such rights and benefits, and that the pattern or practice denies the full exercise of such rights and benefits. Authorizes the suspension, termination, or debarment of federal contractors for repeated failures or refusals to comply with USERRA protections. Provides the Special Counsel with subpoena power to require the attendance and testimony of, and production of documents from, federal employees, to be enforced through the Merit Systems Protection Board. Authorizes the AG, in employment or reemployment rights investigations, to issue and serve a civil investigative demand for the production of documentary material.
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
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
Indian Health Service Health Professions Tax Fairness Act of 2013 - Amends the Internal Revenue Code to exclude from gross income amounts received under the Indian Health Service Loan Repayment Program and the Indian Health Professions Scholarships Program.
United States · United States Congress · 30 October 2013
Expresses support for the designation of National Entrepreneurs Day. Recognizes the considerable contributions of entrepreneurs to the United States. Honors those entrepreneurs who ignite innovation and inspire the next generation.
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 · 29 October 2013
Homeowner Flood Insurance Affordability Act of 2013 - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from: (1) increasing flood insurance risk premium rates to reflect the current risk of flood for certain property located in specified areas subject to a certain mandatory premium adjustment, or (2) reducing such subsidies for any property not insured by the flood insurance program as of July 6, 2012, or any policy that has lapsed in coverage as a result of the policyholder's deliberate choice (Pre-Flood Insurance Rate Map or pre-FIRM properties). Sets forth expiration dates for such prohibitions. Amends the National Flood Insurance Act of 1968 (NFIA) to prohibit the Administrator from providing flood insurance to prospective insureds at rates less than those estimated for any property purchased after the expiration of such six-month period (currently, any property purchased after July 6, 2012). Directs FEMA to: (1) restore during such six-month period specified estimated risk premium rate subsidies for flood insurance for pre-FIRM properties and properties purchased after such six-month period, and (2) submit to certain congressional committees a draft affordability framework addressing the affordability of flood insurance sold under the National Flood Insurance Program. Prescribes procedures for expedited congressional consideration of legislation on FEMA affordability authorities. Permits FEMA to enter into an agreement with another federal agency either to: (1) complete the affordability study, or (2) prepare the draft affordability framework. Directs FEMA submit to certain congressional committees the affordability study and report. Amends NFIA to authorize FEMA to reimburse homeowners for successful map appeals. Makes any community that has made adequate progress on the construction (as under current law) or reconstruction (new) of a flood protection system which will afford flood protection for the one-hundred year frequency flood eligible for flood insurance at premium rates not exceeding those which would apply if such flood protection system had been completed. Revises guidelines governing availability of flood insurance in communities restoring disaccredited flood protection systems to include riverine and coastal levees. Requires FEMA to: (1) rate a covered structure using the elevation difference between the floodproofed elevation of the covered structure and the adjusted base flood elevation of the covered structure; and (2) designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood.
United States · United States Congress · 29 October 2013
Pay Our Bills Act - Authorizes an extension of the presidential authority to modify the public debt ceiling (subject to enactment of a congressional joint resolution of disapproval). Authorizes the Secretary of the Treasury to borrow an additional amount required to meet existing commitments if the President certifies to Congress that the public debt is within $100 billion of the current limit and that further borrowing is required. (The debt limit was $16.699 trillion before its suspension in the Continuing Appropriations Act, FY2014 [P.L. 113-46].) Authorizes Congress to use current requirements for expedited consideration of the joint resolution. Increases the debt limit by the certified amount if the time for disaproval has lapsed without enactment of the joint resolution. Suspends the debt limit for the period beginning on the date on which the President submits such a certification to Congress and ending on the earlier of: 15 calendar days after Congress receives the certification, or enactment of a joint resolution disapproving the President's exercise of authority for the debt limit under that certification. Increases the debt limit, effective on the day after the certification is submitted, to the extent that: the face amount of public debt obligations and those whose principal and interest are guaranteed by the U.S. government (except guaranteed obligations held by the Secretary) outstanding on the day after such date exceeds the face amount of such obligations outstanding on the date the President certifies Congress. Excludes from such formula any obligation whose issuance was not necessary to fund a commitment that required payment before the day after the certification is submitted to Congress. Prohibits the debt limit from being increased if a joint resolution of disapproval is enacted within 15 days after receipt by Congress (in session or not) of a presidential certification that the public debt is within $100 billion of the current limit. Provides for expedited consideration of such a joint resolution in the House and Senate.
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 · 22 October 2013
Authorizes and requests the President to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the U.S. Army for acts of valor during the Vietnam Conflict. Amends the National Defense Authorization Act for Fiscal Year 2002 to authorize the award of the Medal of Honor to a veteran who, although not a Jewish- or Hispanic-American veteran who was previously awarded the Distinguished Service Cross, the Navy Cross, or the Air Force Cross, was identified during a review of service records and regarding whom the Secretary of Defense submitted, before January 1, 2014, a recommendation that the President award the Medal of Honor to that veteran.
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 · 19 September 2013
Domestic Partnership Benefits and Obligations Act of 2013 - Amends provisions of federal civil service law to extend employment-related and retirement benefits to domestic partners of federal employees and to set forth requirements for establishing and terminating a domestic partnership, including the filing of an affidavit attesting to the existence and legitimacy of the partnership. Modifies provisions relating to the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to extend eligibility for annuity and survivor benefits to current and former domestic partners of federal employees on the same basis as married employees. Requires the Office of Personnel Management (OPM) to prescribe regulations to provide that domestic partners and former domestic partners shall be considered as spouses or former spouses for purposes of creditable service determinations under CSRS and FERS. Makes domestic partners of federal employees eligible for: (1) the federal employee group life insurance (FEGLI) program, (2) federal employees health benefits (FEHB), (3) dental and vision benefit plans, and (4) long-term care insurance coverage. Grants the head of an federal agency authority to reimburse an employee for taxes incurred by the domestic partner of such employee for travel, transportation, or relocation expense reimbursements. Modifies provisions of the Federal Employees' Compensation Act (FECA) to make domestic partners of federal employees eligible for worker compensation benefits under such Act. Adds "domestic partner" to the list of relatives subject to restrictions on federal employment of relatives and related prohibitions. Includes a biological, adopted, or foster child of a domestic partner as a "son or daughter" for purposes of federal employee family and medical leave provisions. Allows a federal employee family and medical leave to care for a domestic partner. Requires the President to prescribe regulations necessary to ensure that specified provisions relating to the following are administered in a manner consistent with the purposes of this Act: (1) the Family and Medical Leave Act of 1993; (2) travel, transportation, and related payments and benefits under the Foreign Service Act of 1980 and for civilian employees of the Department of Defense (DOD); (3) certain benefits for members of the commissioned officer corps of the National Oceanic and Atmospheric Administration (NOAA); and (4) benefits related to federal employees or annuitants and benefits necessary to carry out the purposes of this Act. Amends the Ethics in Government Act of 1978 to make provisions of that Act applicable to domestic partners of federal employees to the same extent as married employees, including provisions relating to financial disclosure, government-wide limitations on outside earned income and employment, gifts to superiors and to federal employees, bribery, acceptance of travel expenses from nonfederal sources, taxes on self-dealing, and disqualification of a justice, judge, or magistrate judge. Requires reporting by: (1) the President on the implementation of this Act, and (2) the Government Accountability Office (GAO) on the effect of this Act on premiums or other periodic charges under FEHB and the impact of extending benefits to domestic partners on federal employee retention and recruitment efforts.
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 · 2 August 2013
Executive Cyberspace Coordination Act of 2013 - Establishes in the Executive Office of the President the National Office for Cyberspace to serve as the principal office for coordinating issues relating to cyberspace. Establishes within such Office the Federal Cybersecurity Practice Board to be responsible for developing and updating information security policies and procedures. Requires the Director of the National Office for Cyberspace to: (1) oversee information security policies and practices, (2) establish a national program to instruct students in cybersecurity education and computer literacy, (3) review federal agency budgets relating to the protection of information infrastructures, and (4) ensure the operation of a central federal information security incident center. Requires each federal agency to perform an annual independent audit of its information security programs and practices and submit the results of such audit to the Director. Requires the Secretary of Commerce, on the basis of proposed standards developed by the National Institute of Standards and Technology (NIST), to promulgate information security standards pertaining to federal information systems. Prohibits any agency from entering into a contract, an order under a contract, or an interagency agreement for information technology without including requirements for effective information security that supports the operations and assets of that agency. Requires the Director of the Office of Management and Budget (OMB) to require each agency to conduct an initial vulnerability assessment for any major information system. Establishes in the Executive Office of the President the Office of the Federal Chief Technology Officer. Includes among the duties of such Officer: (1) advising the President and agency officials on information technology infrastructures, strategy, and use; (2) leading an interagency effort to ensure the use of best-in-class technologies; (3) promoting technological innovation in the federal government; (4) establishing public-private sector partnership initiatives; and (5) gathering information on significant developments and trends in information technology. Grants the Secretary of Homeland Security (DHS) primary authority for the protection of the critical information infrastructure, as defined by this Act.
United States · United States Congress · 2 August 2013
Safe Freight Act - Prohibits the operation of a freight train or light locomotive engine used in the movement of freight unless it has a crew of at least two individuals, one of whom is certified by the Federal Railroad Administration as a locomotive operator and the other as a train conductor.
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
Protecting Immigrants From Legal Exploitation Act of 2013 - Amends the federal criminal code to subject a person to fine, imprisonment, or both, who: (1) knowingly or recklessly executes a scheme in connection with any federal immigration law-related matter to defraud a person, or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) knowingly and falsely represents that such person is an attorney or an accredited representative in any federal immigration law-related matter. Directs the Attorney General (DOJ) and the Secretary of Homeland Security (DHS), to promulgate regulations, forms, and procedures defining the circumstances in which: (1) persons submitting immigration-related applications, petitions, motions, or other written materials must identify who (other than immediate family members) assisted them in preparing or translating such submissions; and (2) any person who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation or submission of such materials must sign the form as a preparer and provide identifying information. Authorizes the Attorney General to bring a civil injunction against an immigration service provider engaging in fraudulent conduct that substantially interferes with the administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before DOJ or DHS. Authorizes an alien to withdraw an immigration-related application or other submission if the alien: (1) submits information indicating that the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud, and (2) attests that he or she had no prior knowledge that the application or submission was prepared or submitted by such an individual. Amends the Immigration and Nationality Act to waive the bar on reentry for an alien who left the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud. Directs the Secretary and the Attorney General, through the Director of the Office for Immigration Review, to carry out an outreach program to educate aliens regarding who may provide legal services and representation in immigration proceedings. Directs the Secretary and the Attorney General to establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, programs to award grants to eligible nonprofit organizations for direct legal services to aliens.
United States · United States Congress · 1 August 2013
Clean Ports Act of 2013 - Declares that federal preemption of state and local law relating to a price, route, or service of any motor carrier of property shall not apply to the authority of a state, local government, or the political authority of two or more states to adopt requirements for motor carriers providing services at port facilities that are reasonably related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, or the efficient utilization of such port facilities, provided adoption or enforcement of such requirements does not conflict with federal law. Declares that nothing in this Act shall limit the rights reserved to any state or political subdivision of such state under the Clean Air Act.
United States · United States Congress · 1 August 2013
Transportation Investment Generating Economic Recovery for Cities Underfunded Because of Size Act of 2013 or TIGER CUBS Act - Makes supplemental appropriations of $500 million for FY2014 to the Department of Transportation (DOT) for the Transportation Investment Generating Economic Recovery (TIGER) competitive grant program for national infrastructure investment projects for states, local governments, and transit agencies. Earmarks $100 million of such funds for projects in cities with populations between 10,000 and 50,000. Authorizes the Secretary of Transportation (DOT) to provide a federal share of project costs of more than 80%.
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
Constitutional Amendment - Declares that women shall have equal rights in the United States and every place subject to its jurisdiction. Prohibits the United States or any state from denying or abridging equal rights under the law on account of sex.
United States · United States Congress · 30 July 2013
End Racial Profiling Act of 2013 - Prohibits any law enforcement agent or agency from engaging in racial profiling. Defines "racial profiling" to mean the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, gender, or religion in selecting which individual to subject to routine or spontaneous investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial investigatory activity, except when there is trustworthy information relevant to the locality and timeframe that links a person of a particular race, ethnicity, national origin, gender, or religion to an identified criminal incident or scheme. Authorizes the United States or an individual injured by racial profiling to enforce this Act in a civil action for declaratory or injunctive relief. Requires: (1) federal law enforcement agencies to maintain adequate policies and procedures to eliminate racial profiling and to cease existing practices that permit racial profiling; and (2) state or local governmental entities or state, local, or tribal law enforcement agencies that apply for grants under the Edward Byrne Memorial Justice Assistance Grant Program and the Cops on the Beat Program to certify that they maintain adequate policies and procedures for eliminating racial profiling and have eliminated any existing practices that permit or encourage racial profiling. Requires the Attorney General to issue regulations to ensure that administrative complaint procedures and independent audit programs provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. Authorizes the Attorney General to award grants and contracts for the collection of data relating to racial profiling and for the development of best practices and systems to eliminate racial profiling. Requires: (1) the Attorney General to issue regulations for the collection and compilation of data on racial profiling, and (2) the Department of Justice Bureau of Justice Statistics to analyze the data collected for any statistically significant disparities. Requires the Attorney General to submit annual reports on racial profiling by law enforcement agencies.
United States · United States Congress · 30 July 2013
Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Modifies exceptions to such prohibition, including by making it inapplicable to a person who is: (1) a licensed and inspected person who does not allow direct contact between the public and prohibited wildlife species, and (2) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Sets forth civil and criminal penalties for violations of the requirements of this Act.
United States · United States Congress · 30 July 2013
Amends the Internal Revenue Code to make permanent the taxpayer election to deduct state and local general sales taxes in lieu of state and local income taxes.
United States · United States Congress · 30 July 2013
Welcomes the free and fair elections for the people of the Federal Democratic Republic of Nepal. Joins with the international community in providing the resources necessary to hold such elections, facilitate a peaceful transition of power, and establish a government that will protect the rights of the people.
United States · United States Congress · 25 July 2013
Restore Honor to Service Members Act - Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable. Directs the Secretary of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable. Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member. Amends the Uniform Code of Military Justice to remove from the offense of sodomy specified activity referred to as unnatural carnal copulation with another person of the same or opposite sex.
United States · United States Congress · 22 July 2013
Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10% of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program; and (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25% of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75% of funds for permissible uses under the Sexual Assault Services Program.
United States · United States Congress · 22 July 2013
Education for All Act of 2013 - Amends the Foreign Assistance Act of 1961 to state that it is U.S. policy to work with foreign countries and international and civil society organizations to achieve universal basic education by: (1) assisting developing countries and nongovernmental and multilateral organizations to provide all children with a quality basic education, and (2) promoting education as the foundation for communities' development. Directs the President to develop a comprehensive U.S. strategy to promote quality universal basic education. Authorizes the President to provide funds and other assistance to qualifying foreign countries to create the policies, processes, and infrastructure to develop national basic quality education plans. Directs the Administrator of the U.S. Agency for International Development (USAID) to designate a Coordinator of United States Government Actions to Provide Basic Education Assistance who shall have primary responsibility for the oversight and coordination of all U.S. government resources and international activities to promote quality universal basic education.
United States · United States Congress · 19 July 2013
Veterans Education Transparency Act - Directs the Secretary of Veterans Affairs (VA) to provide to any veteran or person who receives educational assistance under the laws administered by the Secretary the option of making such person's relevant records maintained by the Secretary, including information about the amount of educational assistance to which the person is entitled, available through an Internet website to the educational institution that provides the course of education in which the person is enrolled. Directs the Secretary to take steps to ensure that: (1) such educational institution agrees that such records will be made available only for the purpose of counseling the person in making decisions related to his or her education, and (2) no unauthorized person is given access to any such record.
United States · United States Congress · 19 July 2013
Supports: (1) the resumption of discussions to find a settlement to the 39-year old division of the Republic of Cyprus based on a bi-zonal, bi-communal federation; and (2) the partnership between the Republic of Cyprus and Israel.
United States · United States Congress · 18 July 2013
Government Surveillance Transparency Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize an entity that is required to comply with an order or directive issued by a FISA court under such Act to make publicly available every 90 days with respect to the preceding 90-day period: (1) the aggregate number of orders or directives with which such entity was required to comply; (2) a general description of the types of assistance, information, or tangible things such entity was required to provide pursuant to such orders or directives; (3) the aggregate number of each type of assistance, information, or tangible things such entity was required to provide pursuant to such orders or directives; and (4) the aggregate number of user accounts with respect to which such entity was required to provide assistance, information, or tangible things pursuant to such orders or directives.
United States · United States Congress · 18 July 2013
Global Democracy Promotion Act - States that, with respect to eligibility for assistance under part I of the Foreign Assistance Act of 1961, foreign nongovernmental organizations shall not be ineligible for such assistance solely on the basis of health or medical services provided by such organizations with non-U.S. government funds if such services do not violate the laws of the country in which they are being provided and would not violate U.S. federal law if provided in the United States. Declares in addition that foreign nongovernmental organizations shall not be subject to requirements relating to the use of non-U.S. government funds for advocacy and lobbying activities other than those that apply to U.S. nongovernmental organizations receiving assistance under part I of such Act.
United States · United States Congress · 16 July 2013
Saving America's Pollinators Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA) to suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators. Requires such a determination to be based on: (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue build-up after repeated annual application, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. Prohibits the Administrator from issuing any new registrations of the pesticides listed in this Act for any seed treatment, soil application, and foliar treatment on bee attractive plants, trees, and cereals under FIFRA until the Administrator has made such determination with respect to such insecticide. Requires the Secretary of the Interior, in coordination with the Administrator, to: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on such health and population status.
United States · United States Congress · 10 July 2013
Revitalizing the Economy of Fisheries in the Pacific Act or the REFI Pacific Act - Directs the Secretary of Commerce (upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States) to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003. Requires such loan to have a maturity that expires 45 years after the date of issuance, subject to extension if there is an outstanding balance after such period. Prohibits the fee with respect to such loan from exceeding 3% of the ex-vessel value of the harvest from each fishery for which the loan is issued. Sets forth requirements for direct loan interest rates, subloans, and the calculation of the ex-vessel landing fee to be collected for payment of such loan.
United States · United States Congress · 28 June 2013
STEM Innovation Networks Act of 2013 - Directs the Secretary of Education to award matching grants to state-based science, technology, engineering, and mathematics (STEM) networks or similar organizations of STEM stakeholders to expand STEM education and STEM educator development. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous career and college ready standards in STEM education; developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; facilitating the implementation of expanded STEM learning opportunities on school sites; and promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials.
United States · United States Congress · 28 June 2013
Expresses the sense of the House of Representatives that the United States should ban and prevent the importation of shark fins from sharks caught through the practice of finning. Recognizes the threat shark finning poses to sharks and condemns the practice worldwide.
United States · United States Congress · 27 June 2013
Community College to Career Fund Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor and the Secretary of Education to award competitive grants to: (1) institutions of higher education for educational or career training programs for workers, (2) state or local organizations in partnership with community colleges and other training providers for pay-for-performance projects and pay-for-success job training projects, (3) state or local governments to provide job training or recruiting activities necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States but may instead relocate them to areas served by those governments, and (4) institutions of higher education in partnership with local or regional economic development entities to provide training in starting a small business and entrepreneurship.
United States · United States Congress · 27 June 2013
Computer Science Education Act of 2013 - Amends title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to define "computer science" as the study of computers and algorithmic processes, including the study of computing principles, computer hardware and software design, computer applications, and the impact of computers on society. Makes computer science a core academic subject. Includes computer science teachers in professional development activities.
United States · United States Congress · 27 June 2013
National Infrastructure Development Bank Act of 2013 - Establishes the National Infrastructure Development Bank as a wholly owned government corporation. Makes the Bank's Board of Directors responsible for monitoring and overseeing energy, environmental, telecommunications, and transportation infrastructure projects. Authorizes the Board to: (1) make senior and subordinated direct loans and loan guarantees to assist in the financing or refinancing of an infrastructure project, (2) issue public benefit bonds and provide financing to infrastructure projects, and (3) pay an interest subsidy to the issuer of American Infrastructure Bonds. Requires the Board to establish an Executive Committee, headed by the chief executive officer, to establish requirements and make recommendations for project proposals to be considered for financial assistance. Requires the Bank to establish a Risk Management Committee, headed by the chief risk officer, which shall: (1) create financial, credit, and operational risk management guidelines for the Bank; (2) set guidelines to ensure diversification of lending activities by both geographic region and infrastructure project type; (3) create conforming standards for all financial assistance provided by the Bank; (4) monitor financial, credit, and operational exposure of the Bank; (5) provide financial recommendations to the Board; and (6) ensure that the aggregate amount of interest subsidies provided for American Infrastructure Bonds in a given calendar year do not exceed 28% of interest payable under all such Bonds. Requires the Bank to establish an audit committee, headed by a chief compliance officer, to be responsible for auditing and accounting activities. Requires the Board to approve criteria established by the Executive Committee, with public input, for determining project eligibility for financial assistance. Sets forth criteria to be considered by the Board for each type of infrastructure project. Requires the Executive Committee to conduct an analysis that considers the economic, environmental, and social benefits and costs of each project under consideration, prioritizing projects that contribute to economic growth, lead to job creation, and are of regional or national significance. Requires any financial assistance for an infrastructure project to be repayable from dedicated revenue sources that also secure the infrastructure project obligations. Limits the amount of assistance under this Act to 50% of reasonably anticipated project costs. Exempts all bonds issued by the Bank, and the interest on or credits with respect to such bonds, from state or local government taxation. Sets forth requirements regarding compliance of assisted projects with wage rate, domestic content, and buy American statutes. Requires the Board to establish an American Infrastructure Bond program. Establishes in the Treasury the National Infrastructure Development Bank Trust Fund into which an amount estimated to equal the tax receipts attributable to interest payable under such Bonds is to be appropriated.
United States · United States Congress · 26 June 2013
Home Health Care Planning Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner, (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law, (3) a certified nurse-midwife, or (4) a physician assistant under a physician's supervision.
United States · United States Congress · 26 June 2013
Respect for Marriage Act - Amends the Defense of Marriage Act to repeal a provision that prohibited a state, territory, possession, or Indian tribe from being required to recognize any public act, record, or judicial proceeding of any other state, territory, possession, or tribe respecting a same sex marriage. Amends the federal rules of construction added by such Act concerning the definitions of "marriage" and "spouse" to provide that, for purposes of any federal law in which marital status is a factor, an individual shall be considered married if that individual's marriage is valid in the state where the marriage was entered into or, in the case of a marriage entered into outside any state, if the marriage is valid in the place where entered into and the marriage could have been entered into in a state. Removes the definition of "spouse" (currently, a person of the opposite sex who is a husband or a wife).
United States · United States Congress · 25 June 2013
Ambulatory Surgical Center Quality and Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to require alignment of updates for ambulatory surgical center (ASC) services under a revised prospective payment system (PPS) with updates for hospital outpatient department (OPD) services. Revises requirements for the reporting and applying of quality measure data by ASCs and hospital OPDs. Directs the Secretary of Health and Human Services (HHS) to establish an ASC value-based purchasing program under which each ASC that the Secretary determines meets (or exceeds) performance standards established, with respect to selected quality measures, for the performance period for a calendar year is eligible for shared savings in the form of a payment increase determined according to a specified formula. Revises requirements for the composition of the expert outside advisory panel the Secretary is required to consult during the annual review of the clinical integrity of the groups and payment weights in the PPS for hospital OPD services. Requires the panel to include suppliers subject to the PPS as well as at least one ASC representative. Requires the Secretary, when excluding from a final rule updating ASC lists a procedure whose inclusion was requested during the public comment period, to cite in the final rule specific criteria based on which the procedure was excluded. Requires the Secretary also to identify the peer reviewed research or the evidence upon which the exclusion is based if certain of those criteria are cited for it. Prohibits the Secretary from using or citing as a criterion or a basis for an exclusion that the procedure can only be reported using a Current Procedural Terminology (CPT) unlisted surgical procedure code.
![Official portrait of Rep. Larsen, Rick [D-WA-2]](https://www.congress.gov/img/member/116_rp_wa_2_larsen_rick_200.jpg)