United States · United States Congress · 22 May 2013
Medicare Audit Improvement Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to establish a process which subjects to a single, combined maximum annual limit, applied incrementally, the number of additional documentation requests made to a hospital by Medicare administrative contractors, recovery audit contractors, or Comprehensive Error Rate Testing (CERT) program contractors pursuant to prepayment and postpayment audits requiring a hospital to submit a medical record for audit purposes. Directs the Secretary also to establish a distinct additional documentation request limit, computed according to a specified formula, for each hospital claim type for each hospital for a 45-day period in a year. Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare Integrity Program and use of recovery audit contractors. Requires the Secretary to ensure that recovery audit contracts include certain mandatory terms and conditions pertaining to: (1) penalties for certain compliance failures, (2) penalties for overturned appeals, (3) postpayment and prepayment audits, and (4) guidelines for prepayment review. Directs the Secretary to publish on the Internet website of the Centers for Medicare & Medicaid Services information on recovery audit contractor performance regarding: (1) audit rates, denials, and appeals outcomes; and (2) independent performance evaluations. Deems to be an original claim for Medicare part B (Supplementary Medical Insurance) payment a resubmitted hospital claim for Medicare part A payment for inpatient hospital services which a recovery audit contractor determines: (1) were not medically necessary and reasonable based on the site of service, but (2) would be medically necessary and reasonable in an outpatient setting of the hospital. Requires payment to be made for such a resubmitted claim for all furnished items and services for which payment may be made under Medicare part B. Deems to be a reopened claim, for purposes of a hospital's ability to resubmit a claim for Medicare payment in timely fashion, any claim that is the subject of an audit by a recovery audit contractor or a Medicare administrative contractor. Requires contracts for a recovery audit contractor to require that a physician review each denial of a claim for medical necessity made by an employee of the contractor who is not a physician. Subjects to administrative and judicial review the Secretary's compliance with guidelines for reopening and revising benefit determinations.
United States · United States Congress · 22 May 2013
Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018.
United States · United States Congress · 21 May 2013
Responding to Urgent Needs of Survivors of the Holocaust Act or RUSH Act - Amends the Older Americans Act of 1965 to include specifically within its purview older Americans who are Holocaust survivors. Authorizes the Administrator for Community Living to designate, within the Administration for Community Living of the Department of Health and Human Services (HHS), a person with specialized training, background, or experience with issues of Holocaust survivors to implement services for them. Requires a state nutrition project to: (1) ensure that project meals meet the dietary needs of program participants based on religious, cultural, or ethnic requirements; and (2) encourage individuals who distribute nutrition services to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote wellbeing. Amends the Older Americans Act Amendments of 2006 to require the study of nutrition projects to analyze the abilities of service providers to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration. Authorizes the HHS Assistant Secretary for Aging to make grants to or contract with states, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, to support programs that provide transportation services and resources to older individuals with the greatest economic or social need.
United States · United States Congress · 20 May 2013
Designates the week of May 19-May 25, 2013, as National Public Works Week. Recognizes the important contributions of public works professionals to improving U.S. public infrastructure and to the communities they serve.
United States · United States Congress · 16 May 2013
Free Flow of Information Act of 2013 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government with the power to issue a subpoena or other compulsory process), in any proceeding or in connection with any issue arising under federal law, from compelling a covered person to disclose protected information, unless a federal court in the jurisdiction where the compulsory process has been or would be issued determines, after providing notice and an opportunity for the covered person to be heard, that all reasonable alternative sources have been exhausted and that separate specified conditions have been met depending on whether the matter is a criminal investigation or prosecution. Defines a "covered person" as a person (including a supervisor, employer, parent company, subsidiary, or affiliate of such person) who: with the primary intent to investigate events and procure material in order to disseminate to the public news or information concerning matters of public interest, regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes on such matters by conducting interviews, making direct observations of events, or collecting, reviewing, or analyzing original writings, statements, transcripts, photographs, recordings, tapes, data, or other information; has such intent at the inception of the process of gathering the news or information sought; and obtains such news or information to disseminate by print, broadcasting, mechanical, photographic, electronic, or other means. Excludes from the definition of covered person foreign powers and their agents, members or affiliates of foreign terrorist organizations, specially designated global terrorists, and other organizations and people who are reasonably likely to commit, attempt, or provide support for terrorism. Defines "protected information" as: information identifying a source who provided information under a promise or agreement of confidentiality made by a covered person as part of engaging in journalism; or any records, contents of a communication, documents, or information that a covered person obtained or created as part of engaging in journalism and upon a promise or agreement of confidentiality. Requires, in a criminal investigation or prosecution, a determination by the court that: if the party seeking to compel disclosure is the federal government, based on public information or information obtained from a source other than the covered person, there are reasonable grounds to believe a crime has occurred; based on such public or source information, the protected information is essential to the investigation or prosecution or to the defense against the prosecution; the Attorney General certifies that the decision to request compelled disclosure was consistent with federal regulations, if compelled disclosure is sought by a member of the Department of Justice (DOJ) in circumstances governed by regulations specifying DOJ policy with respect to the news media; and the covered person has not established by clear and convincing evidence that disclosure would be contrary to public interest, including the interest in gathering and disseminating information or news as well as maintaining the free flow of information and the public interest in compelling disclosure, including the extent of any harm to national security. Requires, in matters other than criminal investigations or prosecutions, based on public information or information obtained from a source other than the covered person, that: the protected information sought is essential to the resolution of the matter, and the party seeking to compel disclosure establishes that the interest in compelling disclosure clearly outweighs the public interest in gathering and disseminating the information or news at issue and maintaining the free flow of information. Exempts from such requirements: information or items obtained as the result of the eyewitness observations of, or obtained during the course of, alleged criminal conduct by the covered person (provided that the alleged criminal conduct is not the act of communicating the actual documents or information at issue), including any physical evidence or visual or audio recording of the conduct; protected information that is reasonably necessary to stop, prevent, or mitigate a specific case of death, kidnapping, substantial bodily harm, certain offenses against minors, or the incapacitation or destruction of critical infrastructure; and protected information sought by the federal government in a criminal matter under specified circumstances to prevent, mitigate, or identify the perpetrator of an act of terrorism or other acts reasonably likely to cause significant and articulable harm to national security. Sets forth special requirements with respect to criminal investigations or prosecutions of an allegedly unlawful disclosure of properly classified information. Directs federal courts to give appropriate deference to a specific factual showing submitted by the head of any executive branch agency concerned. Sets forth procedures with respect to information sought from electronic communications service providers. Provides for judicial review, submissions under seal, and expedited appeals.
United States · United States Congress · 16 May 2013
Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security and Personnel Protection Act of 2013 - Authorizes FY2014 appropriations to restore the capital security cost sharing program to its full capacity. Expresses the sense of Congress concerning priorities of the program and funding through interagency agreements. Authorizes appropriations for: (1) foreign language training, especially in critical need languages including Arabic, for Department of State employees, including the Bureau of Diplomatic Security; and (2) a Foreign Affairs Security Training Center (FASTC). Expresses the sense of Congress concerning the value of a FASTC and its use of existing training synergies. Authorizes the Secretary of State to transfer to, and merge with, any appropriation for embassy security, construction, and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after October 1, 2013. Revises provisions regarding: (1) local guard contracts abroad, and (2) computation of the death gratuity payable to surviving dependents of Foreign Service employees who die from injuries sustained in the performance of duty abroad. Authorizes the Department to use a noncompetitive procurement procedure to meet emergency security requirements. Provides that unsatisfactory leadership by a senior official regarding a security incident involving loss of life, serious injury, or significant destruction of property at or related to a U.S. government mission abroad may be grounds for disciplinary action. Authorizes the Secretary to provide physical security enhancements at overseas educational facilities established for the children of U.S. government employees. Makes permanent the Secretary's authority to waive the annuity termination of a temporarily reemployed annuitant in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee. Provides special immigrant status for the surviving spouse or child of a U.S. government employee killed abroad in the line of duty, provided that the employee had performed faithful service for at least 15 years and the appropriate recommendations have been made. Directs the Secretary to: (1) implement a plan to incorporate the additional Marine Corps Security Guard personnel at U.S. diplomatic facilities, and (2) conduct an annual review of the Marine Corps Security Guard Program. Directs the Secretary to: (1) report to Congress regarding the facts and circumstances surrounding the September 11-12, 2012, killings of four U.S. government personnel in Benghazi, Libya; and (2) report to Congress annually regarding overseas posts determined to be "high risk, high threat."
United States · United States Congress · 16 May 2013
Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ), with respect to charges that allege an offense triable by court-martial (with certain exclusions) for which the maximum punishment includes confinement for more than one year, to direct the Secretary of Defense (DOD) to require the Secretaries of the military departments to provide for the determination of whether to try such charges by general or special court-martial to be made by a commissioned officer of grade O-6 or higher with significant experience in such trials and who is outside the chain of command of the accused. Provides that a determination not to proceed to trial shall not preclude a commanding officer from either referring such charges for trial by summary court-martial or imposing non-judicial punishment. Requires Rule 306 (relating to policy on initial disposition of offenses) of the Manual for Courts-Martial to be amended to strike the character and military service of the accused from factors to be considered by the disposition authority. Revises the list of officers authorized to convene general and special courts-martial to include those in grade O-6 or higher assigned such responsibility by their department chief of staff (with the same prohibition against an officer in the same chain of command as the accused). Requires each chief of staff to establish an office which shall convene general and special courts-martial and detail judges and members. Requires a military judge to call a general or special court-martial trial into session within 90 days of the determination of its necessity. Requires a convening authority (the official acting on the sentence of a court-martial), when taking any action other than approving a sentence, to prepare a written justification of such action which shall be made part of the record of the court-martial. Prohibits a convening authority from: (1) dismissing or setting aside a finding of guilty, or (2) reducing a finding of guilty to a finding of guilty to a lesser included offense. Requires a commanding officer who receives a report of a sexual-related offense involving a member in such officer's chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative office or service. Amends the National Defense Authorization Act for Fiscal Year 2013 to require an independent panel established by the DOD Secretary to monitor and assess the implementation and efficacy of this Act and its amendments.
United States · United States Congress · 16 May 2013
Small Business Lending Enhancement Act of 2013 - Amends the Federal Credit Union Act to prohibit an insured credit union from making any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time exceeding either: (1) 1.75 times the actual net worth of the credit union, or (2) 12.25% of the total assets of the credit union. Authorizes the National Credit Union Administration Board to approve an application by an insured credit union to make one or more member business loans that would result in a total amount of such loans outstanding at any one time of up to 27.5 % of the total assets of the credit union, if the credit union meets specified safety and soundness criteria. Prohibits an insured credit union that has made such a member business loan but that is not well capitalized from making any new member business loans until it becomes well capitalized and obtains Board approval. Directs the Board to develop a tiered approval process, including lending standards, under which an insured credit union gradually increases the amount of member business lending in a manner that is consistent with safe and sound operations. Directs the Comptroller General to study the status of member business lending by insured credit unions.
United States · United States Congress · 14 May 2013
Pregnant Workers Fairness Act - Declares it an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept; or (4) require such employees to take leave if another reasonable accommodation can be provided to their known limitations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission (EEOC) to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions.
United States · United States Congress · 13 May 2013
Putting Veterans Funding First Act of 2013 - Authorizes the provision of advance appropriations for the following discretionary (under current law, medical care) accounts of the Department of Veterans Affairs (VA): (1) Veterans Health Administration Medical Services, Medical Support and Compliance, Medical Facilities, and Medical Research and Support; (2) National Cemetery Administration; and (3) Veterans Benefits Administration, Native American Veteran Housing Loan Program. Authorizes the provision of advance appropriations for the following VA discretionary administration accounts: (1) general operating expenses, (2) information technology systems, (3) the Office of the Inspector General, (4) construction for major and minor projects, and (5) grants for the construction of state extended care facilities and veterans cemeteries.
United States · United States Congress · 13 May 2013
Breast Cancer Patient Education Act of 2013 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or at a later time; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction at a time after surgery for personal or medical reasons during treatment or after completion of all other breast cancer treatments. Requires the information required to be disseminated by this Act to be posted on the Internet websites of relevant federal agencies, including the Office of Women's Health, the Office of Minority Health, and the Office of Rural Health Policy. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients. Requires biennial reports to Congress describing and evaluating the activities carried out under this Act.
United States · United States Congress · 13 May 2013
Recognizes and honors the 20th anniversary of enactment of the Family and Medical Leave Act of 1993 (FMLA). Salutes all of the individuals who contributed to its enactment. Encourages all individuals in the United States to celebrate the advance of workplace protections and opportunities made possible by FMLA. Pledges to continue to work on a bipartisan basis to ensure that all such individuals are able to balance work and family responsibilities.
United States · United States Congress · 9 May 2013
Raechel and Jacqueline Houck Safe Rental Car Act of 2013 - Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration [NHTSA]) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied. Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company. Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet. Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed. Makes these special rules for rental companies inapplicable to junk automobiles. Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable. Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations. Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies. Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks. Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.
United States · United States Congress · 9 May 2013
Eliminates the time limit for ratification of the equal rights amendment (prohibits discrimination on account of sex) proposed to the states in House Joint Resolution 208 of the 92nd Congress, as agreed to in the Senate on March 22, 1972. Declares that such amendment shall be part of the Constitution whenever ratified by the legislatures of three-fourths of the several states.
United States · United States Congress · 8 May 2013
Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a vascular genetic bleeding disorder that causes abnormalities of the blood vessels) initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT. Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT. Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence. Requires the Administrator of the Centers for Medicare & Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates for preventable costs of annual health care expenditures associated with untreated HHT and socioeconomic costs associated with preventable medical events among Medicare beneficiaries with HHT; and (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs.
United States · United States Congress · 8 May 2013
Bank on Students Loan Fairness Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Board of Governors of the Federal Reserve System to provide the Secretary of Education, from the combined earnings of the Federal Reserve System, with the amount the Secretary determines to be reasonably necessary to award Direct Stafford Loans during the award year beginning July 1, 2013, to all eligible students attending participating institutions of higher education selected by the Secretary. Prohibits appropriated funds from being used for Direct Stafford Loans made during that period. Sets the interest rate on Direct Stafford Loans first disbursed on or after July 1, 2013, and before July 1, 2014, at the primary credit rate charged by the Federal Reserve banks on July 1, 2013.
United States · United States Congress · 8 May 2013
Social Security Fairness Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the government pension offset requirement applicable to and reducing husband's and wife's insurance benefits, widow's and widower's insurance benefits, and divorced mother's and divorced father's insurance benefits with respect to federal, state, or local government employees who receive a government pension and did not pay Social Security taxes during their years of government service, and so did not earn entitlement to Social Security benefits for those years. Repeals also the windfall elimination requirement with respect to computation of an individual's primary insurance amount under which OASDI retirement or disability benefits are reduced if the individual receives a federal, state, or local government pension, did not pay Social Security taxes during the years of government service, and so did not earn entitlement to Social Security benefits for those years.
United States · United States Congress · 8 May 2013
Expresses the sense of the Senate that all incidents of abusive, unsanitary, or illegal health care practices should be condemned and prevented and the perpetrators should be prosecuted to the full extent of the law.
United States · United States Congress · 7 May 2013
Arbitration Fairness Act of 2013 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. Declares, further, that the validity and enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy.
United States · United States Congress · 6 May 2013
Accelerating the End of Breast Cancer Act of 2013 - Establishes the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to identify, recommend, and promote initiatives, partnerships, and research within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into strategies to prevent breast cancer and breast cancer metastasis while giving priority to those that are: (1) not prioritized within the public sector, and (2) unlikely to be achieved by the private sector due to technical and financial uncertainty. Requires the Commission to: (1) submit within six months to the President and to the relevant congressional committees a description of the Commission's strategic plan; (2) submit an annual report to the President, Congress, and the public; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine to evaluate the Commission's progress. Terminates the Commission on June 1, 2020.
United States · United States Congress · 6 May 2013
Recognizes the significance of May 2013 as Asian/Pacific American Heritage Month as an important time to celebrate the contributions of Asian Americans and Pacific Islanders to the history of the United States. Recognizes that the Asian American and Pacific Islander community enhances the rich diversity of the United States.
United States · United States Congress · 6 May 2013
Expresses the sense of the Senate that a comprehensive approach to expanding and supporting a strong home care workforce and making long-term services and supports affordable and accessible in communities is necessary to uphold the right of seniors and individuals with disabilities to a dignified quality of life.
United States · United States Congress · 25 April 2013
Employment Non-Discrimination Act of 2013 - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Prohibits related retaliation. Makes this Act inapplicable to: (1) religious organizations, and (2) the relationship between the United States and members of the Armed Forces. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran. Prohibits this Act from being construed to: (1) prohibit an employer from requiring an employee to adhere to reasonable dress or grooming standards, or (2) require the construction of new or additional facilities. Prohibits the Equal Employment Opportunity Commission (EEOC) from compelling collection or requiring production of statistics from covered entities on actual or perceived sexual orientation or gender identity. Provides for enforcement, including giving the EEOC, the Librarian of Congress (LOC), the Attorney General (DOJ), and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws. Allows actions and proceedings, subject to exception, against the United States and the states.
United States · United States Congress · 25 April 2013
Justice for All Reauthorization Act of 2013 - Amends the federal criminal code to: (1) grant crime victims the right to be informed of their rights and of services available to them, (2) expand eligibility for post-conviction DNA testing in criminal proceedings other than death penalty cases, and (3) eliminate the waiver of the right to request DNA testing of biological evidence. Amends the Justice for All Act of 2004 to extend through FY2018 the authorization of appropriations for grant programs for: the enforcement of crime victims' rights; DNA training and education for law enforcement officers; sexual assault forensic exams; DNA research and development; DNA programs of the Federal Bureau of Investigation (FBI); identification of missing persons; improving the quality of legal representation for indigent defendants in capital cases; providing incentives to states to establish a reasonable process for resolving claims of actual innocence; and the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to help states defray the costs of post-conviction DNA testing. Amends the Victims of Crime Act of 1984 to extend through FY2018 grants for notification to crime victims of dates and developments in criminal proceedings. Amends the DNA Analysis Backlog Elimination Act of 2000 to extend the authorization of appropriations through FY2018 for the Debbie Smith DNA Backlog Grant Program.. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) extend (until three years after enactment of this Act) the period for compliance by governmental entities with requirements for payment of the full cost of forensic medical exams for victims of sexual assault, and (2) extend (through FY2018) the authorization of appropriations for the Paul Coverdell forensic sciences improvement grant program. Requires the Director of the National Institute of Justice to: (1) establish best practices for evidence retention to focus on the preservation of biological evidence; and (2) assist state, local, and tribal governments in adopting and implementing such best practices. Effective Administration of Criminal Justice Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require grant applicants under the Edward Byrne Memorial Justice Assistance Grant Program to include in grant applications a comprehensive state-wide plan for the improvement of the administration of the criminal justice system. Makes all grants awarded by the Department of Justice (DOJ) under this Act subject to audits beginning in FY2014 to prevent waste, fraud, and abuse of funds by grantees.
United States · United States Congress · 25 April 2013
Working Families Tax Relief Act of 2013 - Amends the Internal Revenue Code, as amended by the American Recovery and Reinvestment Act of 2009, to: (1) make permanent the reduction in the income threshold (from $10,000 to $3,000) for determining the refundable portion of the child tax credit, (2) eliminate the inflation adjustment to such amount, and (3) allow an annual inflation adjustment after 2012 to the $1,000 maximum credit amount and the adjusted gross income threshold amounts used to reduce the allowable amount of such credit. Modifies the earned income tax credit to: (1) make permanent the increase in the rate of such credit for taxpayers with three or more children, (2) increase the credit for taxpayers with no qualifying children, (3) reduce from 25 to 21 the qualifying age for such credit, (4) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member, and (5) repeal the denial of such credit for taxpayers with excess investment income.
United States · United States Congress · 25 April 2013
Egg Products Inspection Act Amendments of 2013 - Amends the Egg Products Inspection Act to revise provisions concerning housing and treatment of egg-laying hens and enforcement of such requirements. Sets forth separate caging device and environmental and housing conversion provisions for California. Directs the Secretary of Agriculture (USDA) to delegate to the California Department of Food and Agriculture certain enforcement authority with respect to eggs produced, shipped, handled, transported, or received in California prior to the date that is 15 years after the date of enactment of this Act.
United States · United States Congress · 25 April 2013
Peace Corps Equity Act of 2013 - Amends the Peace Corps Act to subject abortion service coverage by the Peace Corps for volunteers to the same limitations that apply to Peace Corps employees regarding coverage of abortion services. States that such provision shall not be construed to limit medical evacuation coverage.
United States · United States Congress · 25 April 2013
Honors the memories of Officer Sean Collier, Martin Richard, Krystle Campbell, and Lu Lingzi and conveys prayers for a complete recovery to Officer Richard Donohue, Jr., and all of the other victims injured in the attacks in Boston, Massachusetts, in April 2013. Expresses thanks to the men and women of law enforcement for bringing to justice the people responsible for the bombings that occurred during the running of the 117th Boston Marathon.
United States · United States Congress · 24 April 2013
Genetically Engineered Food Right-to-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines "genetically engineered" as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines "genetically engineered ingredient" as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter.
United States · United States Congress · 24 April 2013
Commends employees of the Senate Post Office, employees of the Sergeant at Arms of the Senate, members of the Capitol Police, and members of the Capitol Hill community for their courage, professionalism, and dedication to serving the public in response to the biochemical attack against the Senate on April 16, 2013. Recognizes the congressional leadership and employees, the Capitol Police, and the Office of the Attending Physician for establishing effective screening methods and response plans that prevented injury and death within the U.S. Capitol Complex. Requests that the President recognize the courage and professionalism of the employees of the Senate Post Office, employees of the Sergeant at Arms of the Senate, members of the Capitol Police, and members of the Capitol Hill community for their steadfast service to the public in defiance of those who seek to disrupt the constitutional duties of the legislative branch.
United States · United States Congress · 23 April 2013
Yosemite National Park Boundary Expansion Act of 2013 - Authorizes the Secretary of the Interior to acquire the approximately 1,575 acres of identified land that is adjacent to Yosemite National Park in California for addition to the Park. Permits an acquisition of such land to be made by donation, purchase from a willing seller, or exchange and revises the boundary of the Park to reflect the acquisition. Requires the Secretary to administer any acquired land as part of the Park.
United States · United States Congress · 23 April 2013
Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a gold medal to the First Special Service Force (a joint American-Canadian volunteer unit), collectively, in recognition of their World War II service. Requires the awarded medal to be given to the First Special Service Force Association in Helena, Montana, for display or temporary loan for display elsewhere, including at Fort William Henry Harrison in Helena. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions.
United States · United States Congress · 23 April 2013
Joins the Secretary of Defense in honoring the children of members of the Armed Forces and recognizes that those children also share in the burden of protecting the United States. Urges the people of the United States to join with the military community in observing the National Month of the Military Child (observed annually in April) with appropriate ceremonies and activities that honor, support, and thank military children.
United States · United States Congress · 18 April 2013
Soledad Canyon Settlement Act - Directs the Secretary of the Interior to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation of such contracts with proceeds from the sale of lands near Victorville, California. Withdraws affected areas from mining.
United States · United States Congress · 18 April 2013
America's Red Rock Wilderness Act of 2013 - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin, (2) Grand Staircase-Escalante, (3) Moab-La Sal Canyons, (4) Henry Mountains, (5) Glen Canyon, (6) San Juan-Anasazi, (7) Canyonlands Basin, (8) San Rafael Swell, and (9) Book Cliffs and Uinta Basin. Sets forth administrative provisions regarding: (1) the exchange of state-owned lands within such areas, (2) federal reservation of water rights, (3) measurement of setbacks for roads with wilderness, (4) authorized livestock grazing, and (5) withdrawal of such lands from disposition under certain public land laws.
United States · United States Congress · 18 April 2013
Military Spouse Job Continuity Act of 2013 - Amends the Internal Revenue Code to allow the spouse of a member of the Armed Forces (military spouse) who moves with such member to another state under a permanent change of station order a tax credit for up to $500 of qualified relicensing costs incurred by such spouse. Defines "qualified relicensing costs" as costs for a state license or certification to engage in the profession that such military spouse engaged in while residing in the former state.
United States · United States Congress · 17 April 2013
Condemns the senseless attack in Boston, Massachusetts, on Monday, April 15, 2013. Honors the medical personnel, first responders, and citizen heroes who aided the injured and the community. Commits to providing all necessary resources to law enforcement officials who are investigating the terrorist attacks and to bringing those responsible to justice.
United States · United States Congress · 16 April 2013
North American Wetlands Conservation Extension Act of 2013 - Amends the North American Wetlands Conservation Act to extend through FY2017 the authorization of appropriations for allocations to carry out approved wetlands conservation projects.
United States · United States Congress · 16 April 2013
Medicare Drug Savings Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require drug manufacturers to pay the Secretary of Health and Human Services (HHS) drug rebates for rebate eligible (low-income) individuals. Excludes from Medicare coverage as a part D drug any drug or biological manufactured by a manufacturer that has not entered into and have in effect a rebate agreement with the Secretary. Requires a rebate agreement to require a drug or biological manufacturer to provide to the Secretary a rebate, determined according to a specified formula, for each rebate period ending after December 31, 2011, for any covered Medicare part D drug dispensed after that date to any rebate eligible individual for which payment was made by a prescription drug plan (PDP) sponsor or MedicareAdvantage (MA) organization for such period. Specifies a formula for determination of Medicaid rebate amounts for such drugs or biologicals. Amends SSA title XIX (Medicaid) to exclude any amounts paid under a rebate agreement from the determination of best price and average manufacturer price under the Medicaid program.
United States · United States Congress · 16 April 2013
National Nursing Shortage Reform and Patient Advocacy Act - Amends the Public Health Service Act to require hospitals to implement a staffing plan that includes a minimum direct care registered nurse-to-patient ratio by unit, adjustments above the minimum ratio under appropriate circumstances, and compliance with minimum licensed practical nurse staffing requirements. Requires the Secretary of Health and Human Services (HHS) to develop a national acuity tool to establish nurse staffing requirements above minimum ratios. Directs the Secretary to adjust Medicare payments to hospitals (including hospitals operated by the Department of Veterans Affairs [VA] and long-term care hospitals) to cover additional costs incurred in providing services to Medicare beneficiaries that are attributable to compliance with such ratios. Gives a nurse the right to act as the patient's advocate, including by: (1) initiating action to improve health care or to change decisions or activities that are against the interests and wishes of the patient, and (2) giving the patient an opportunity to make an informed decision about health care before it is provided. Authorizes a nurse to refuse to accept an assignment if it would violate minimum ratios under this Act or if the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the nurse's license. Prohibits a hospital from: (1) taking specified actions against a nurse based on the nurse's refusal to accept an assignment for such a reason; or (2) discriminating against any patient, employee, or any other individual for good faith complaints or grievances relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. Prohibits actions by hospitals to restrain such rights. Makes conforming amendments to titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act as well as to requirements for the VA health benefits program. Includes stipends in the nurse workforce loan repayment and scholarship program. Expands the nurse retention grant program to authorize programs to implement nurse preceptorship and mentorship projects.
United States · United States Congress · 16 April 2013
Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or would be entitled to such pay, except for being under 60 years of age. Prohibits recoupment by the Secretary of Defense (DOD) of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
United States · United States Congress · 15 April 2013
Tax Parity for Health Plan Beneficiaries Act of 2013 - Amends the Internal Revenue Code to: (1) exclude from an employee's gross income employer-provided accident and health plan benefits extended to a domestic partner or non-dependent, non-spouse beneficiary eligible to receive such benefits under an employer plan (i.e., "eligible beneficiary"); (2) exempt such benefits paid to eligible beneficiaries from otherwise applicable employment and unemployment taxes; (3) allow self-employed individuals a tax deduction for the health insurance costs of their eligible beneficiaries; (4) allow tax-exempt voluntary employees' beneficiary associations to provide sick and accident benefits to the domestic partners and non-dependent, non-spouse beneficiaries of their members; (5) allow reimbursement of the medical expenses of an eligible beneficiary from a health savings account (HSA); and (6) extend tax-exempt medical benefits to the eligible beneficiaries of retired employees Directs the Secretary of the Treasury to provide guidance relating to reimbursements from a flexible spending arrangement and a health reimbursement arrangement attributable to an eligible beneficiary as defined by this Act.
United States · United States Congress · 11 April 2013
Health Outcomes, Planning, and Education for Alzheimer's Act - Amends title XVIII (Medicare) of the Social Security Act to provide for comprehensive Alzheimer's disease diagnosis and services.
United States · United States Congress · 10 April 2013
Safe Chemicals Act of 2013 - Amends the Toxic Substances Control Act (TSCA) to state that it is the policy of the United States to: (1) protect the health of children, workers, consumers, and the public and to protect the environment from harmful exposures to chemical substances; (2) promote the use of safer alternatives and other actions that reduce the use of and exposure to hazardous chemical substances and reward innovation toward safer chemicals, processes, and products; (3) require that chemicals in commerce meet a risk-based safety standard that protects vulnerable and affected populations and the environment; (4) require companies to provide sufficient health and environmental information for the chemical substances that the companies manufacture, process, or import as a condition of allowing those companies to distribute chemical substances in commerce; (5) improve the quality of information on chemical safety and use; (6) guarantee the right of the public and workers to know about the hazards and uses of chemical substances that they may be exposed to by maximizing public access to information on chemical safety and use; and (7) strengthen cooperation among the federal, state, municipal, tribal, and foreign governments. Declares that it is the goal of the United States to address the harmful exposure of vulnerable or affected populations caused by the distribution of chemical substances in commerce by: (1) reviewing all chemical substances for safety and identifying the highest priority substances for expedited review, (2) determining whether chemical substances in commerce meet the safety standard under TSCA, (3) applying appropriate restrictions to the use of a chemical substance, and (4) encouraging the replacement of harmful chemicals and processes with safer alternatives. Adds and revises definitions under TSCA. Authorizes the Administrator of the Environmental Protection Agency (EPA) to determine that a variant of a chemical substance is a new chemical substance. Redefines "distribute in commerce" to include exporting a chemical substance, mixture, or article. Defines “toxic” as a chemical substance or mixture that has a toxicological property: (1) meeting the criteria for Category 1or Category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances, (2) that causes an adverse effect that has been demonstrated in humans or other exposed organisms, or (3) for which the weight of evidence demonstrates the potential for an adverse effect in humans or other exposed organisms. Defines "toxicological property" to mean actual or potential toxicity or other adverse effects of a chemical substance or mixture, including effects of exposure on: (1) mortality; (2) morbidity, including carcinogenesis; (3) reproduction; (4) growth and development; (5) the immune system; (6) the endocrine system; (7) the brain or nervous system; (8) other organ systems; or (9) any other biological functions in humans or nonhuman organisms. Directs the Administrator to promulgate a rule that: (1) establishes minimum information sets to evaluate chemical substances; (2) provides for varied or tiered information to be provided for different chemical substances; (3) identifies the particular set that applies to a chemical substance; (4) requires each set to include sufficient information to conduct a screening-level risk assessment of the chemical substance; (5) specifies information quality and reliability requirements applicable to the information submitted; (6) accommodates the use of alternative testing methods and strategies to generate information quickly, at low cost, and with reduced use of animal-based testing to the extent such methods and strategies would yield information of equivalent quality and reliability; and (7) establishes sets sufficient to carry out categorization of new and existing chemical substances, assignment of chemical substances to priority classes, and safety standard determinations. Requires chemical manufacturers and processors to submit and update their minimum information sets. Authorizes the Administrator to: (1) require by rule or order the testing of, and the submission of test results for, any chemical substance; (2) require submission of a sample of any chemical substance for testing by a specified date; and (3) impose restrictions on violators of testing requirements, including a prohibition against manufacturing, processing, or distributing chemical substances. Requires such rule or order to: (1) include standards for the development of test information for a substance, and (2) specify testing deadlines. Authorizes the Administrator to prescribe standards for the development of test information for health and environmental information. Requires the Administrator to review such standards at least once every three years and make revisions if necessary. Requires any rule or order that requires the testing and submission of information for a particular chemical substance or for a category of chemical substances to expire by the end of the applicable reimbursement period. Sets forth exemptions to such testing requirements. Requires the Administrator, within 15 days after the receipt of test information pursuant to such rule or order, to publish a notice that: (1) identifies the chemical substance for which information has been received, (2) lists the uses of such substance and the information required by the applicable standards for the development of test information, and (3) describes the nature of such information developed. Requires each person who submits information under TSCA, rule, or order to certify that such information is accurate and reliable and includes all material facts. Prohibits a person from commercially manufacturing a new substance or processing a substance for a new use unless the person submits to the Administrator a notice of the intention to manufacture or process such substance and complies with data submission requirements, and the Administrator finds that: (1) the chemical substance is likely to meet the applicable safety standard under TSCA; or (2) the person has established that such use is in the paramount interest of national security, that the lack of availability of such substance would cause significant disruption in the national economy, and that such use is a critical or essential use for which no feasible safer alternative is available or that such use, as compared to alternatives, provides a substantial net benefit to human health, the environment, or public safety. Requires the Administrator to promulgate a rule that: (1) designates the categories for substances of very high concern, substances likely to meet the safety standard, substances with insufficient information, and substances unlikely to meet the safety standard; (2) specifies the process and criteria the Administrator will use to categorize new chemical substances; and (3) describes criteria and factors the Administrator will use to assess the weight of evidence and the quality and reliability of information used to inform categorization decisions. Requires the Administrator to assign a new chemical substance to one of such categories within 90 days after receiving such notice. Requires the Administrator to designate as a "substance of very high concern" any new substance that: (1) is toxic, persists in the environment, and is bioaccumulative; or (2) is highly hazardous. Prohibits manufacturing or processing such substance unless notice has been submitted pursuant to TSCA and the criteria for a substance of very high concern has been met. Requires the Administrator to designate as a "substance likely to meet the safety standard" any new chemical substance that the Administrator determines would likely meet the safety standard under TSCA: (1) for uses and under conditions specified by the submitter of such notice for such substance, and (2) for uses and under additional conditions that could be specified by the Administrator in making a safety standard determination for such substance. Requires the Administrator to assign to such category any new chemical substance that meets the criteria specified for "substances of very low concern" and "substances to undergo safety standard determinations." Authorizes a chemical substance designated as a "substance likely to meet the safety standard" to be manufactured or processed under specified conditions, pending the completion of a safety standard determination. Requires the Administrator to designate as a "substance with insufficient information" any new chemical substance for which the Administrator concludes that needed information for such substance is not available, is insufficient, or is not of sufficient quality and reliability to allow for an informed categorization decision. Prohibits any person from manufacturing or processing a chemical substance designated under this category until the Administrator has recategorized the substance. Requires the Administrator to designate as a "substance unlikely to meet the safety standard" any new chemical substance that the Administrator determines would be unlikely to meet such standard: (1) for uses and under conditions specified by the submitter of a notice of the intention to manufacture or process the substance, or (2) for other uses or under additional conditions that the Administrator may evaluate in making a safety standard determination for the substance. Prohibits the manufacture and process of such substances. Prohibits, subject to an exemption, any person from manufacturing or processing an existing chemical substance for which the Administrator has not made a safety standard determination for a use that was not ongoing prior to this Act's enactment or at a volume that is significantly increased from the volume as of this Act's enactment. Prohibits manufacturing, processing, distributing in commerce, using, or disposing of an existing chemical that has met the applicable safety standard for uses at production volumes or in manners other than those specified in the safety determination, unless: (1) notice is made of the intention to manufacture and process such chemical; and (2) the Administrator determines that the person submitting such notice will continue to meet such standard. Sets forth provisions concerning amending safety standards and safety standard determinations. Requires the Administrator to determine that a variant of a chemical substance exhibiting special substance characteristics: (1) is a use that is separate from any use of the substance that does not exhibit such characteristics, or (2) is a distinct substance. Requires manufacturers or processors of: (1) a variant that the Administrator determines has a separate use, to satisfy conditions established by the Administrator; and (2) a distinct chemical substance that is not listed in the active inventory of chemical substances manufactured or processed published by the Administrator, to comply with requirements for new chemicals. Authorizes the Administrator to exempt from requirements for new chemicals and new uses of chemicals an intrinsically safe chemical substance that does not and would not pose any risk of injury to human health or the environment under any intended or reasonably anticipated levels of production, patterns of use, or exposures arising at any stage across the lifecycle of such substance. Authorizes the Administrator to order a manufacturer or processor to revise quality control procedures that are inadequate to prevent a chemical substance from presenting a risk of injury to human health or the environment. Sets forth provisions concerning notice requirements for polymeric chemical substances. Authorizes the Administrator to permit a person to manufacture or process of a chemical substance for test marketing purposes: (1) upon a showing that the manufacture, processing, distribution in commerce, use, and disposal of such substance will not endanger human health or the environment; and (2) under such restrictions as the Administrator considers appropriate. Requires the Administrator to provide fair and equitable reimbursement for the costs incurred to comply with information submission requirements for a chemical substance when information has already been submitted for an equivalent substance. Sets forth exemptions from notice and data submission requirements for chemical substances that are manufactured and processed in small quantities solely for the purpose of: (1) scientific experimentation or analysis; or (2) chemical research on, or analysis of, substances. Authorizes the Administrator to exempt from notice and data submission requirements the manufacturing or processing of any chemical substance: (1) that exists temporarily as a result of a chemical reaction in the manufacturing or processing of a mixture or another substance; and (2) to which there is, and will be, no human or environmental exposure. Requires that each submission of information required under TSCA be accompanied by a certification of the accuracy, reliability, and inclusion of all material facts of such submission. Repeals provisions prohibiting federal agencies from selling, distributing, or transferring elemental mercury. Requires the Administrator to: (1) establish a system for assigning chemical substances into batches to ensure that an efficient and orderly process and pace are established for the determination of safety of chemical substances in commerce and the application of risk management measures as needed, (2) assign chemical substances on the active portion of the inventory to batches of chemical substances at least once every five years until all such substances have been so assigned, and (3) publish the list of substances assigned to each batch. Requires the initial batch to include substances for which reports are submitted to the Administrator under the chemical data reporting rule as of this Act’s enactment. Authorizes the Administrator to: (1) include in such batch substances that are manufactured at volumes below the threshold for substances subject to basic reporting under such rule but that are used or released into the environment in a manner that warrants early evaluation by the Administrator; and (2) exclude from such batch substances that are reported under such rule but that are used or released into the environment in a manner that does not warrant early evaluation. Requires the Administrator to assign chemical substances to subsequent batches in a manner that reflects the extent to which the substances warrant earlier or later evaluation. Requires the Administrator to promulgate regulations that: (1) establish the categories and specify the process and criteria the Administrator will use to categorize chemical substances; (2) designate the process and criteria the Administrator will use to prioritize substances that are placed in the category of chemical substances to undergo safety standard determinations; (3) describe how the categorization and prioritization process and criteria relate to and take into account the categorization and prioritization decisions made in other jurisdictions, including states and foreign governments; (4) describe criteria and factors the Administrator will use to weigh evidence and assess the quality and reliability of information used to inform categorization and prioritization decisions; (5) incorporate and establish criteria for substances of very high concern, substances of very low concern, substances to undergo safety standard determinations, and substances with insufficient information; and (6) establish specified priority classes and criteria. Prohibits a chemical substance from being simultaneously in more than one the following categories: substances of very high concern, substances likely to meet the safety standard, substances with insufficient information, and substances unlikely to meet the safety standard. Requires the Administrator to publish: (1) such category assignments for chemical substances in the initial and subsequent batches, and (2) the priority class assignments for the chemical substances in the initial batch of chemical substances that the Administrator has assigned to the category of "substances to undergo safety standard determinations and for the substances in subsequent batches that the Administrator has assigned to the category of "chemical substances to undergo safety standard determinations." Requires the Administrator to designate as "Priority Class 1" those chemical substances that the Administrator determines warrant safety standard determinations in the near term. Requires the Administrator to initially assign as "Priority Class 1" substances that possess relatively greater hazard potential and for which there is evidence of more significant or widespread exposure. Authorizes the Administrator to designate as "Priority Class 1" any substance initially assigned to a lower priority class as safety determinations for the substance are completed. Directs the Administrator to: (1) designate as "Priority Class 2" those chemical substances that the Administrator determines are of lower priority than Priority Class 1 substances with respect to the timing for conducting safety standard determinations, and (2) require submission of the applicable minimum information set within five years of this Act’s enactment and within five years after the assignment of a substance to such priority. Requires the Administrator to designate as "Priority Class 3" those chemical substances that the Administrator determines may be set aside for further assessment until such time as: (1) safety stand determinations are completed on all Priority Class 1and 2 substances, and (2) new information arises that warrants reprioritization of such substance to a higher priority class. Prohibits the Administrator from requiring submission of the applicable minimum information set for a substance designated under such class until such time as the substance is reassigned to Priority Class 1 or 2. Sets forth provisions concerning reprioritizing chemical substances. Requires chemical substance manufacturers and processors to: (1) bear the burden of proving that chemical substances meet applicable safety standards, and (2) provide sufficient information for the Administrator to determine whether such standards have been met. Allows a chemical substance that undergoes a safety standard determination to be manufactured, processed, or distributed in commerce only if the Administrator determines that the chemical substance: (1) meets the safety standard, or (2) can meet the safety standard for uses through the imposition of additional conditions. Requires the Administrator to base a determination of whether such standard has been met solely on considerations of human health and the environment. Prohibits the Administrator from being required to conduct a risk assessment to determine that a manufacturer or processor has not met the burden of proof. Prohibits a determination by the Administer that a manufacturer or processor has not established that the chemical substance meets the applicable safety standard from being subject to judicial review. Requires the Administrator to: (1) conduct safety standard determinations of all chemical substances assigned to the category of "substances to undergo safety standard determinations," beginning with substances initially designated as Priority Class 1; (2) complete and publish such determinations for all substances designated as Priority Class 1 in the initial batch within five years of this Act’s enactment; (3) complete and publish such determinations for all substances designated as Priority Class 1 in subsequent batches within five years of the designation of a substance as Priority Class 1; and (4) complete and publish such determinations for Priority Class 2 or 3 substances that have been reprioritized as Priority Class 1 within five years after such reprioritization. Requires the Administrator, in making such determinations, to determine whether the manufacturers and processors of a chemical substance have established that the substance meets the safety standard. Requires the Administrator to seek to publish such determinations and risk management decisions concurrently. Prohibits the Administrator from unduly delaying the issuance of any safety standard determination if more information or analysis is required to make a determination regarding risk management. Requires the Administrator to publish completed determinations no less frequently than annually and at a pace sufficient to demonstrate steady progress toward completing all such determinations within the required time frame. Prohibits manufacturing, processing, or distributing substances subject to such determinations for any use or under any condition other than those specified in such orders within specified periods. Authorizes the Administrator to grant an extension of such deadline if the manufacturer or processor demonstrates: (1) a compelling technological need to continue a restricted activity beyond such period, and (2) that a factor wholly beyond the control of the manufacturer or processor prevents compliance with such restriction within such period. Sets forth provisions concerning: (1) initiating a redetermination of whether a substance meets such standards, and (2) petitions for redeterminations. Authorizes the Administrator, after a chemical substance has been assigned to the category of substances of very high concern, to require the submission of additional information that is necessary to conduct an expedited assessment of the known uses of, and exposures to, such substance. Requires the Administrator to complete and publish an identification and assessment of the known uses, and exposures to, a substance within a year of the date on which a substance is assigned to such category. Requires the Administrator to impose use restrictions and other conditions within 18 months on the manufacturing, processing, use, distribution, and disposal of such substance that are necessary to achieve the maximum practicable reduction in human or environmental exposure to the chemical. Prohibits manufacturing, processing, or distributing substances subject to such determinations for any use or under any condition other than those specified in such orders. Authorizes the Administrator to: (1) require that the manufacturer or processor submit a description of the quality control procedures followed in such manufacturing or processing of a chemical substance if the Administrator has a reasonable basis to conclude that the substance is being manufactured or processed in a manner that may present a substantial endangerment to health or the environment, (2) order the manufacturer or processor to revise such procedures to remedy such inadequacy, and (3) order the manufacturer or processor to give notice when such procedures have resulted in the distribution of a substance that may present a substantial endangerment to human health or the environment and provide for the replacement or repurchase of such substance. Sets forth provisions concerning exemptions from restrictions on manufacturing a new chemical substance and substances of very high concern and safety standard determination requirements. Prohibits an agency from conveying, selling, or distributing any elemental mercury, other than mercury contained within an article containing a chemical substance, under the agency's control or jurisdiction. Exempts from such prohibition: (1) a transfer between federal agencies of elemental mercury for the sole purpose of facilitating storage of mercury to carry out such Act; or (2) a conveyance, sale, distribution, or transfer of coal. Requires the Administrator to: (1) designate asbestos as a chemical substance of very high concern; (2) complete and publish an identification and assessment of the known uses of, and exposures to, asbestos; (3) impose, by order, use restrictions and other conditions on the manufacturing, processing, use, distribution in commerce, and disposal of asbestos to achieve the maximum practicable reduction in human or environmental exposure to asbestos; and (4) select conditions that permanently reduce or eliminate the possibility of exposures to the maximum extent practicable. Prohibits manufacturing, processing, or distributing in commerce asbestos for any use or under any condition other than those specified in such order. Requires the Administrator to publish guidance describing the steps agencies must take to: (1) enhance protections for public health and safety and the environment; and (2) better solicit information from, and protect the health and safety of, people located near areas where asbestos is located, transported, and disposed. Provides that nothing in such guidance should be construed to affect or limit the application of, or obligation to comply with, any environmental law. Redefines asbestos to include any: (1) material formally classified as tremolite, including winchire asbestos and richterite asbestos; and (2) asbestiform amphibole mineral. Authorizes the Administrator to: (1) commence a civil action for seizure of and relief from a chemical substance that may present an imminent and substantial (currently imminent) endangerment to health or the environment, and (2) issue orders to protect health or the environment from such substances. Authorizes such action to be: (1) commenced notwithstanding the existence of a rule or order under TSCA and the pendency of any administrative or judicial proceeding under TSCA, and (2) proceeded against by process of libel for seizure and condemnation of such substance. Revises provisions concerning venue and consolidation of such actions. Requires each manufacturer to submit to the Administrator a declaration of the interest of the manufacturer for a chemical substance in which the manufacturer has a commercial interest. Requires such declarations notwithstanding any exclusions or exemptions from other notification or reporting requirements of TSCA. Authorizes: (1) a processor of a substance in which the processor has a current or potential commercial interest to voluntarily submit a declaration for such substance; and (2) a manufacturer or processor to submit a declaration of a cessation of producing, importing, processing, and exporting a substance. Establishes criteria for identifying substances to which such declarations apply. Requires the Administrator to issue guidance describing such criteria and specifying the supporting information manufacturers and processors are to include in such declarations. Sets forth provisions regarding: (1) the Administrator reviewing such declarations and establishing a periodic reporting program on such chemical substances; (2) manufacturers and processors maintaining records to support such declarations and report; and (3) manufacturers and processors updating information contained in such reports at least every four years, when they come into possession of or generate significant new information regarding the production, processing, use, distribution, hazard, or exposure potential of such substances, and when there is a significant change in the production, distribution, or use of such substances. Revises provisions concerning the inventory of chemical substances manufactured or processed that the Administrator is required to publish. Requires the Administrator to establish an Internet-accessible database for storing and sharing information relating to the toxicity and use of, and exposure to, chemical substances. Requires any person that manufactures, processes, or distributes any chemical substance to maintain and, on request, submit to the Administrator records of significant adverse reactions to human health or the environment alleged to have been caused by the substance. Requires any person that manufactures, processes, or distributes a chemical substance and that obtains information that reasonably supports the conclusion that the substance presents a substantial risk of injury to health or the environment to immediately inform the Administrator of the information unless the person has actual knowledge that the Administrator has been adequately informed of the information. Requires the Administrator to report to federal agencies in cases where action may be taken under law not administered by the Administrator to address activities involving, uses of, or exposures to a chemical substance that do not meet a safety standard under TSCA. Revises provisions concerning inspections, including by allowing the Administrator to: (1) inspect any place at which records relating to substances or compliance with TSCA are held, and (2) require the attendance and testimony of witnesses and the production of reports and information. Repeals provisions concerning exemptions to TSCA for chemical substances that are manufactured, processed, or distributed in commerce for export. Establishes deadlines for notifications to the Administrator relating to the exportation of such chemical substances. Requires the Secretary of Homeland Security (currently the Secretary of the Treasury) to refuse entry into the U.S. customs territory of chemical substances under specified circumstances. Revises data disclosure requirements, including provisions concerning designating and releasing confidential data. Requires the Administrator to treat as confidential: (1) precise information describing the manufacture, processing, or distribution of a chemical substance; (2) marketing and sales information; (3) information identifying the customers of a manufacturer, processor, or distributor; (4) details of the full composition of a mixture of a particular manufacturer or processor; (5) precise information about the use, function, or application of a substance in a process, mixture, or product of a particular manufacturer or processor; and (6) precise production or import volumes of a particular manufacturer, processor, or distributor. Requires the Administrator to disclose: (1) the identity of a chemical substance; (2) safety standard determinations; (3) specified health and safety study data; (4) health and safety data in notices of substantial risk; (5) general information describing the manufacturing volumes and the functions and uses of substances; (6) any information indicating the presence of a substance in consumer products intended for use by children aged 14 years or younger if such substance is a known or probable reproductive, developmental, neurological, or immunological toxicant, carcinogen, or mutagen, is persistent, bioaccumulative, and toxic, or has been found by the Administrator to not meet a safety standard. Provides that such requirements do not authorize the release of data that discloses a process used in the manufacturing or processing of a substance. Establishes exemptions from requirements to disclose identities of substances. Requires the Administrator to promulgate rules that specify: (1) the acceptable bases on which written requests to maintain confidentiality of information may be approved, (2) the nature of the documentation and justification that must accompany such a request, and (3) the types of information the Administrator determines warrant protection for an indefinite period of time. Sets forth provisions concerning the review of such requests. Requires the Administrator, if a request to maintain confidentiality of information is approved, to specify a time period not to exceed five years for which such information will be kept confidential, unless the information otherwise becomes available to the public or the request for confidentially is exempted from such time constraint. Establishes a civil penalty for: (1) wrongful disclosure of information by current and former officers or employees of the United States, and (2) false requests for confidential treatment by officers or employees of companies that submit information. Requires all information reported to or otherwise obtained by the Administrator under TSCA to be made available to Congress upon request. Requires the Administrator to facilitate the sharing of information pertaining to chemical substances that workers may come into contact with or that they may otherwise be exposed to during the course of work with those workers and their bargaining agents. Prohibits any person from manufacturing, processing, distributing, using, or disposing of chemical substances that such person knew or had reason to know was manufactured, processed, or distributed in violation of any rule, order, prohibition, restriction, or other requirement imposed by TSCA. Prohibits any person from failing or refusing to establish or maintain records or to submit accurate and complete reports, notices, information submissions, disclosures, declarations, certifications, or other information as required by TSCA. Prohibits any person from making or submitting a statement, declaration, disclosure, certification, writing, data set, or representation that is materially false or from falsifying or concealing any material fact in taking any action or making any communication pursuant to TSCA. Increases the cap on the amount of civil and criminal penalties for each violation of TSCA. Authorizes fining and imprisoning individuals who knowingly violate TSCA and who know at that time that the violation places another person in imminent danger of death or serious bodily injury. Revises enforcement provisions, including by authorizing the Administrator to: (1) commence a civil action in the appropriate U.S. district court to compel compliance of any person with any provision of, or any rule or order promulgated pursuant to, TSCA; and (2) seek civil or criminal penalties. Revises preemption provisions by providing that nothing in TSCA affects the right of a state to adopt or enforce any requirement that is different from, or in addition to, a requirement under TSCA unless compliance with both requirements is impossible, in which case the applicable provisions of TSCA shall control. Revises provisions concerning citizens’ civil action by allowing a person to commence a civil action for a violation of this Act or order issued under this Act (currently actions are limited to specific violations). Revises provisions concerning citizens’ petitions by allowing a person to petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule or order under TSCA (currently petitions are limited to initiating proceedings for issuing, amending, or repealing specific requirements). Repeals a cap on fees from persons required to submit data to defray the cost of administering TSCA. Authorizes appropriations to the Administrator to carry out TSCA for 2013-FY2020. Requires the Administrator to establish: (1) the Children’s Environmental Health Research Program to provide grants to further the understanding of the vulnerability of children to chemical substances, and (2) the Interagency Science Advisory Board on Children’s Health Research. Requires the Administrator, when a chemical substance has been identified as being present in human biological media that may have adverse effects on early childhood development, to coordinate with the Secretary of Health and Human Services (HHS) to conduct a biomonitoring study to determine the presence of such substance in such media in, at a minimum, pregnant women and infants. Requires: (1) the Secretary to publish such study, and (2) manufacturers and processors to disclose any substance that is determined to be present in such study. Requires the Administrator to: (1) take action to minimize the use of animals in testing of chemical substances, and (2) establish the Interagency Science Advisory Board on Alternative Testing Methods. Requires the Administrator to establish: (1) a program to create market incentives for the development of safer alternatives to existing chemical substances that reduce or avoid the use and generation of hazardous substances, (2) a network of no less than four green chemistry and engineering centers to support the development and adoption of safer alternatives to chemical substances, and (3) a program to facilitate the development of a workforce that produces such alternatives. Requires the Administrator to make grants to promote and support the research, development, and adoption of such alternatives. Requires the Secretary of State, the heads of other appropriate federal agencies, and the Administrator to cooperate with international efforts to develop: (1) a common protocol or electronic database relating to substances, or (2) safer alternatives for substances. Requires the Administrator to establish and implement procedures to ensure data reliability. Requires the Administrator to: (1) identify localities of the United States that are subject to exposure to toxic substances at levels that are significantly greater than the average exposure, (2) publish a list of such localities, (3) update such list at least every five years, and (4) develop and publish action plans to reduce such disproportionate exposure. Requires the Administrator to implement and support the implementation by the United States of the provisions of the Stockholm Convention, the Protocol on Persistent Organic Pollutants to the Convention on Long-Range Transboundary Air Pollution (LRTAP POPs Protocol), and the Rotterdam Convention that have entered into effect for the United States. Prohibits manufacturing, processing, distributing, using, disposing of, or taking any other action with respect to a chemical that is listed on any Annex of the Stockholm Convention the LRTAP POPs Protocol, or the Rotterdam Convention or that is identified by notification to the Secretariat of the Rotterdam Convention by the United States as banned or severely restricted in the United States if such listings have entered into force for the United States, in a manner inconsistent with obligations for such chemicals under such agreements. Requires the Administrator to provide public notice of the chemicals that are subject to the instrument of ratification for the Stockholm Convention, LRTAP POPs Protocol, or Rotterdam Convention and of any chemical added after such instrument has entered into force for the United States within 30 days of the deposit of such instrument or the listing of any chemical added. Authorizes the Administrator to promulgate regulations to carry out the Stockholm Convention, the LRTAP POPs Protocol, and the Rotterdam Convention and to ensure compliance with any obligations under such instruments.
United States · United States Congress · 9 April 2013
High-Capacity Ammunition Magazine Ban of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit the importation, sale, manufacture, transfer, or possession, in or affecting interstate or foreign commerce, of a large capacity ammunition feeding device. Defines a "large capacity ammunition feeding device" to: (1) mean a magazine, belt, drum, feed strip, or similar device that has an overall capacity of, or that can be readily changed to accept, more than 10 rounds of ammunition; and (2) exclude an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. Provides exemptions for: (1) devices lawfully possessed before this Act's enactment; (2) federal, state, and local agencies and law enforcement officers; (3) licensees under the Atomic Energy Act for on-site security, off-site training, and transportation of nuclear materials; and (4) authorized testing or experimentation by a licensed firearms manufacturer or importer. Requires a device manufactured after this Act's enactment to be identified by a serial number and the date it was manufactured conspicuously engraved or cast on the device. Sets penalties for violations. Subjects devices used or involved in knowing violation of such Act to seizure and forfeiture. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of Edward Byrne Memorial Justice Assistance Grants for buy-back programs for surrendered large capacity ammunition feeding devices.
United States · United States Congress · 9 April 2013
Protecting Consumers from Unreasonable Credit Rates Act of 2013 - Amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan (credit card) for which the fee and interest rate exceeds 36%. Sets forth criminal penalties for violations of this Act. Empowers state Attorneys General to enforce this Act. Revises requirements for a periodic statement for each billing cycle with respect to where the total finance charge exceeds 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly. Requires inclusion of the fee and interest rate, displayed as "FAIR," instead of the total finance charge expressed as an annual percentage rate (APR).
United States · United States Congress · 21 March 2013
Privacy Notice Modernization Act of 2013 - Amends the Gramm-Leach-Bliley Act to exempt from its annual written privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, (2) has not changed its policies and practices with respect to disclosing nonpublic personal information from those disclosed in the most recent disclosure sent to consumers, and (3) otherwise provides customers access to such most recent disclosure in electronic or other form permitted by specified regulations.
United States · United States Congress · 21 March 2013
National Endowment for the Oceans Act - Authorizes the Secretary of Commerce and the National Fish and Wildlife Foundation to establish the National Endowment for the Oceans as a permanent endowment fund to support programs and activities to restore, protect, maintain, or understand living marine resources and their habitats and ocean, coastal, and Great Lakes resources, including baseline scientific research, ocean observing, and other programs in coordination with federal and state agencies. Requires the contribution of non-federal matching funds for certain projects. Specifies that programs funded in Great Lakes states shall also seek to attain the goals embodied in the Great Lakes Restoration Initiative Plan, the Great Lakes Regional Collaboration Strategy, the Great Lakes Water Quality Agreement, or other collaborative planning efforts of the Great Lakes Region. Prohibits the funding of litigation. Directs the Foundation, according to a specified allocation formula, to award a minimum percentage of funds as grants to coastal states while awarding a lesser percentage of funds to entities including states, Indian tribes, regional bodies, associations, non-governmental organizations, and academic institutions. Sets forth a process for the Foundation, with approval of the Secretary, to establish application guidelines, eligibility criteria, and grant approval procedures. Requires coastal states, as a condition to grant eligibility, to submit a five-year plan (updated at least every five years to continue receiving a grant) to the Secretary for approval after the Secretary has provided an opportunity for public comment. Directs the Foundation to establish an advisory panel to review and make recommendations with respect to the grant applications of other entities.
![Official portrait of Sen. Boxer, Barbara [D-CA]](https://www.congress.gov/img/member/b000711_200.jpg)