United States · United States Congress · 18 June 2013
Real Estate Investment and Jobs Act of 2013 - Amends the Internal Revenue Code to increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests.
United States · United States Congress · 18 June 2013
Directs 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 single gold medal in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. Requires the medal to be given to the Smithsonian Institution (Smithsonian) for display. Expresses the sense of Congress that the Smithsonian shall make the medal available for display elsewhere, particularly at appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico.
United States · United States Congress · 13 June 2013
Representation Fairness Restoration Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interests are sufficiently distinct from those of other employees to warrant the establishment of a separate unit.
United States · United States Congress · 13 June 2013
National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition.
United States · United States Congress · 10 June 2013
Working to Address Treaty Enforcement Rapidly for Texas Act - Directs the Secretary of State to: (1) report quarterly to Congress describing efforts by Mexico to meet the treaty obligations of Mexico to deliver water to the Rio Grande, in accordance with the 1944 treaty between the United States and Mexico entitled "Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande"; and (2) report annually to Congress describing the benefits to the United States of the 2012 document entitled "Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja California."
United States · United States Congress · 6 June 2013
Reducing Overlapping Payments Act - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to require reduced to zero the total of an individual's monthly disability insurance benefits and any spouse's, surviving spouse's, child's, widow's, widower's, or parent's OASDI benefits based on the individual's wages and self-employment income for any month before the individual attains retirement age in which that individual is entitled to both disability insurance benefits and unemployment compensation. (Thus allows only unemployment compensation in such a situation.)
United States · United States Congress · 4 June 2013
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable Frank R. Lautenberg, a Senator from New Jersey. Declares that when the Senate adjourns on June 4, 2013, it stand adjourned as a further mark of respect to the memory of the deceased Senator.
United States · United States Congress · 23 May 2013
Regulatory Accountability Act of 2013 - Amends the Administrative Procedure Act to revise requirements for federal agency rulemaking by requiring agencies, in making a rule, to consider: (1) the legal authority under which a rule may be proposed, including whether rulemaking is required by statute or is within the discretion of the agency; (2) the nature and significance of the problem the agency intends to address; (3) whether existing federal laws or rules have created or contributed to the problem; (4) reasonable alternatives for a new rule; and (5) for any major rule or high-impact rule (generally defined as rules having an annual cost on the economy of $100 million or $1 billion or more, respectively), the potential costs and benefits associated with potential alternative rules. Requires agencies that initiate a rulemaking that may result in a major rule or a high-impact rule to: (1) establish an electronic docket for that rulemaking, which may have a physical counterpart; and (2) publish a notice of initiation of rulemaking in the Federal Register. Requires agencies issuing a rule to notify the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) and publish a notice of proposed rulemaking in the Federal Register which shall include: (1) a text of the proposed rule; (2) a summary of rulemaking considerations; and (3) for any major rule or high-impact rule, a preliminary determination that the benefits of the proposed rule justify its costs and a discussion of the costs and benefits of alternatives to the rule. Provides similar notice requirements when an agency adopts a final rule. Expands agency requirements for allowing opportunities for public comment. Sets forth requirements for providing public hearings for high-impact and major rules and for petitioning for the issuance, amendment, or repeal of a rule. Requires agencies, in a rulemaking for a major rule or high-impact rule, to adopt the least costly rule considered that meets relevant statutory objectives. Requires the Administrator to establish and update guidelines for the assessment of: (1) the costs and benefits of proposed and final rules, and (2) other economic issues and risk assessments that are relevant to rulemaking. Revises the scope of judicial review to prohibit review of a determination of whether a rule is a major rule and to establish a substantial evidence standard for affirming agency rulemaking decisions. Sets forth criteria for issuing major guidance (agency guidance that is likely to lead to an annual cost on the economy of $100 million or more, a major increase in cost or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or ability to compete).
United States · United States Congress · 23 May 2013
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Jack Nicklaus in recognition of his service to the nation in promoting excellence and good sportsmanship. Directs the Secretary of the Treasury to strike such gold medal and to strike and sell duplicate bronze medals at a price sufficient to cover the costs of the gold and bronze medals.
United States · United States Congress · 23 May 2013
Better Enforcement for Sexual Assault Free Environments Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change such finding to a finding of guilty to a lesser included offense. Requires a convening authority, when changing a charge with respect to a qualifying offense, to prepare a written explanation of such action, which shall be made part of the record. Defines a "qualifying offense" as one for which the maximum sentence of confinement does not exceed two years and for which the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. Prohibits a convening authority from reducing a sentence to less than the mandatory minimum sentence, except to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record. Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after receiving matters for such consideration from the accused. Allows such period to be extended by up to an additional 20 days for good cause shown. Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof. Requires: (1) a request by a defense counsel in an action under the UCMJ to interview a complaining witness to be placed through trial counsel; and (2) any such interview to take place in the presence of trial counsel, counsel for the witness, or outside counsel. Eliminates any statute of limitations with respect to UCMJ actions for sexual assault of a child. Authorizes the Secretary of the military department concerned to provide guidance for commanders regarding their authority to make determinations, and to take action, regarding whether a member of the Armed Forces (member) serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit. Requires the commanding officer of a member filing an unrestricted report on a sexual assault, within eight days after the filing of such report, to brief specified officers in that member's chain of command on the incident. Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance. Requires the Secretary of Defense (DOD) to report to the congressional defense committees on: (1) sentencing guidelines and mandatory minimum sentencing provisions under the UCMJ, and (2) the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.
United States · United States Congress · 23 May 2013
Supports: (1) freedom, human rights, civil liberties, free elections, and rule of law in Iran; and (2) the people of Iran in their peaceful calls for a democratic government. Condemns the widespread human rights violations of the Islamic Republic of Iran. Calls on the Islamic Republic of Iran to: (1) hold free and fair elections; (2) end arbitrary detention, torture, and other forms of harassment against media professionals, human rights defenders, and opposition figures; (3) lift legislative restrictions on freedom of assembly, association, and expression; (4) allow the Internet to remain free and open; and (5) allow international election monitors to be present for the June 14, 2013, election. Urges the President, the Secretary of State, and other world leaders to: (1) support the universal rights and freedoms of the people of Iran, (2) support policies that preserve open access to the Internet in Iran, and (3) condemn elections that are not free and fair and do not meet international standards.
United States · United States Congress · 22 May 2013
Patent Abuse Reduction Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings: an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of: (1) the direct infringement; (2) any person alleged to be a direct infringer known to the party alleging infringement; and (3) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the identified patents; whether any identified patent is subject to any licensing term or pricing commitments through any agency, organization, or other standard-setting body; the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal right to enforce an identified patent through a civil action under any Act of Congress relating to patents or is licensed under such patent; and the identity of any person with a direct financial interest in the outcome of the action and a description of any agreement or other legal basis for such financial interest. Sets forth procedures with respect to the joinder of parties and discovery of evidence. Directs each party to be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party. Defines "core documentary evidence" as documents that: relate to the conception, reduction to practice, and application for the asserted patent; are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; relate to potentially invalidating prior art; relate to previous licensing or conveyances of the asserted patent; are sufficient to show revenue attributable to any claimed invention; are sufficient to show the organizational ownership and structure of each party, including identification of any person with a financial interest in the asserted patent; relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and are sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer. Excludes from the definition of core documentary evidence any computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause. Permits additional discovery under specified conditions if the party seeking such additional discovery bears the costs, including reasonable attorney's fees. Directs courts to award to the prevailing party reasonable costs and expenses, including attorney's fees, unless: (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified, or (2) exceptional circumstances make such an award unjust. Allows the court, if the non-prevailing party is unable to pay such costs and expenses, to make the costs and expenses recoverable against interested parties.
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 · 22 May 2013
Preserve the Waters of the United States Act - Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing the proposed guidance described in the notice of availability and request for comments entitled "EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act"; or (2) using such guidance, or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that the use of such guidance as the basis for any rule shall be grounds for vacation of such rule.
United States · United States Congress · 21 May 2013
Authorizes and requests the President to award the Medal of Honor to James Megellas for acts of valor on January 28, 1945, during the Battle of the Bulge in World War II.
United States · United States Congress · 21 May 2013
Requires each Chief of Staff of the Armed Forces to establish and maintain an office within such Chief of Staff on the sexual assault prevention and response program carried out by that armed force. Directs each military department Secretary to submit to the congressional defense committees an assessment of the feasibility and advisability of: (1) establishing such an office within each department, and (2) selecting members of the Armed Forces and department personnel to be assigned to positions that include responsibility for sexual assault prevention and response within the Armed Forces.
United States · United States Congress · 21 May 2013
Iran Export Embargo Act - Amends the Iran Freedom and Counter-Proliferation Act of 2012 to direct the President to prohibit all transactions in property and property interests of a person (as defined in this Act) if such property and property interests are in the United States or within the possession or control of a U.S. individual. Directs the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that has knowingly conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from Iran on behalf of a described person. Directs the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to an individual that knowingly: (1) imports, purchases, or transfers goods or services from a described person; and (2) provides underwriting services or insurance or reinsurance to a described person. Describes a "person" as: (1) the state and the government of Iran, or any political subdivision, agency, or instrumentality of such government, including the Central Bank of Iran; (2) any person owned or controlled by, or acting for or on behalf of, such government; or (3) any other person determined by the President to be described in clauses (1) or (2).
United States · United States Congress · 21 May 2013
Affirms that the electoral process in Afghanistan should be determined and led by Afghan actors, with support from the international community. Supports credible, inclusive, and transparent presidential and provincial elections in April 2014. Honors the sacrifice of U.S., coalition, and Afghan service members who have been killed or injured since October 2001 in defense of the democratic rights of the Afghan people. Recognizes: (1) the substantial investment made by U.S. taxpayers in support of Afghanistan, (2) the contributions made by President Hamid Karzai's government to the democratic progress of Afghanistan, and (3) that credible elections will safeguard the legitimacy of the next Afghan government and will help prevent future political violence. Urges the government of Afghanistan to recognize the independence and impartiality of the Independent Electoral Commission (IEC). Urges the IEC to adopt measures to better mitigate fraud, include marginalized groups, and improve electoral transparency. Urges continuing communication between the IEC and the Afghan National Security Forces to provide security for vulnerable areas of the country during the election period. Urges the Secretary of State to condition financial, logistical, and political support for Afghanistan's 2014 elections on the implementation of political and election reforms in Afghanistan.
United States · United States Congress · 20 May 2013
Requires the Director of the Office of Management and Budget (OMB) to report annually to Congress regarding all assessed and voluntary U.S. contributions to the United Nations (U.N.) and its affiliated agencies and related bodies during the previous fiscal year. Requires the report to include the following: (1) the total amount of all assessed and voluntary U.S. contributions to the U.N. and its affiliated agencies and related bodies; (2) the approximate percentage of U.S. contributions to each such agency or body in a fiscal year when compared with all such contributions in that fiscal year; and (3) the amount, description, and purpose of each contribution, the identity of the donating U.S. department or agency, and the identity of the recipient U.N. agency or body. Requires the first report to include information for the previous three fiscal years. Requires OMB to post a version of such report on a publicly available Internet website.
United States · United States Congress · 16 May 2013
Court-Appointed Guardian Accountability and Senior Protection Act - Amends title XX (Block Grants to States for Social Services and Elder Justice) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to award grants to the highest courts of states to conduct demonstration programs that: (1) assess adult guardianship and conservatorship proceedings, including the appointment and the monitoring of the performance of court-appointed guardians and conservators; and (2) implement changes deemed necessary as a result of the assessments, such as requiring background checks for all potential guardians and conservators, and establishing systems that enable electronic filing and review of the annual accountings and other required conservatorship and guardianship filings. Requires the highest court of a state awarded such a grant to collaborate with the state's own Unit on Aging and its Adult Protective Services agency in conducting the demonstration program.
United States · United States Congress · 16 May 2013
Keep the IRS Off Your Health Care Act of 2013 - Prohibits the Secretary of the Treasury, or any delegate of the Secretary, from implementing or enforcing any provisions of or amendments made by the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010.
United States · United States Congress · 16 May 2013
Silviculture Regulatory Consistency Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from requiring, or from promulgating regulations that direct a state to require, a permit under the national pollutant discharge elimination system for a discharge of stormwater runoff resulting from the conduct of the following silvicultural activities: nursery operations, site preparation, reforestation, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, and road use, construction, and maintenance. Specifies that nothing in this Act exempts a silvicultural activity resulting in the discharge of dredged of fill material from permit requirements for discharges into navigable waters.
United States · United States Congress · 15 May 2013
Iran Sanctions Implementation Act of 2013 - Directs the President to designate any appropriate area of federal land, including any necessary for transportation of the oil produced there to market, as an Iranian Oil Replacement Zone. Requires the President to keep making such designations until the total daily production of oil from all the Zones reaches 1.25 million barrels per day. Subjects each Zone (including each portion of a multi-state Zone) to the rules and regulations of the state in which it is located. Exempts any such designation from judicial review, including review under the National Environmental Policy Act of 1969.
United States · United States Congress · 14 May 2013
No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes an abortion from such prohibitions if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.
United States · United States Congress · 14 May 2013
Protect Against Ideology-Based Targeting Act - Prohibits the Internal Revenue Service (IRS), in reviewing applications for tax-exempt status, from developing or using any methodology that applies disproportionate scrutiny to any applicant for tax-exempt status based on the ideology expressed in the name or purpose of the applicant's organization. Amends the Internal Revenue Code to expand the duties of the Inspector General for Tax Administration of the Department of the Treasury to require reporting to Congress on the number of complaints that allege disproportionate scrutiny of taxpayers who apply for tax-exempt status.
United States · United States Congress · 9 May 2013
Vietnam Human Rights Sanctions Act - Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. Authorizes the President to waive sanctions to comply with international agreements or if in the U.S. national interest. Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible. Expresses the sense of Congress that: (1) the U.S.-Vietnam relationship cannot progress while the government of Vietnam's human rights record continues to deteriorate, and (2) the Secretary of State should designate Vietnam as a country of particular concern with respect to religious freedom.
United States · United States Congress · 9 May 2013
Congratulates the students, parents, teachers, and administrators of charter schools across the country for their ongoing contributions to education and our public school system. Supports the ideals and goals of the 14th annual National Charter Schools Week (May 5-May 11, 2013).
United States · United States Congress · 8 May 2013
Iran Sanctions Loophole Elimination Act of 2013 - Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to direct the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in this Act. Describes such person as a person that on or after May 9, 2013, knowingly: (1) conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating with, for, or on behalf of the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions, or a person that is involved in the energy, shipping, and shipbuilding sectors of Iran; or (2) transferred funds for, or held funds on behalf of, a person described in the previous paragraph in relation to a transaction without regard to the currency of such funds. Authorizes the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to any other person. Authorizes the President to waive the provisions of this Act with respect to a person for up to 180 days (and authorizes renewal of such waiver for additional periods of up to 180 days) for reasons of U.S. national security. Requires congressional notification at least seven days prior to a waiver or waiver renewal.
United States · United States Congress · 8 May 2013
Expresses the sense of the Senate that Congress and states should gather information about and correct: (1) abusive, unsanitary, and illegal abortion practices; and (2) the interstate referral of women and girls to facilities engaged in dangerous or illegal second- and third-trimester procedures. Declares that Congress has the responsibility to: (1) investigate, and conduct hearings on, abortions performed near, at, or after viability and public policies regarding such abortions; and (2) evaluate the extent to which such abortions involve violations of the natural right to life of infants who are born alive or are capable of being born alive and therefore are entitled to equal protection under the law. Expresses the sense of the Senate that: (1) there is a compelling government interest in protecting the lives of unborn children beginning at least from the stage at which substantial medical evidence indicates that they are capable of feeling pain, which is separate from the compelling governmental interest in protecting the lives of unborn children beginning at the stage of viability, and neither governmental interest is intended to replace the other; and (2) governmental review of public policies and outcomes relating to these issues is long overdue and is an urgent priority that must be addressed.
United States · United States Congress · 7 May 2013
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods. Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports.
United States · United States Congress · 7 May 2013
Combating Military Sexual Assault Act of 2013 - Directs each military department Secretary to implement a program providing a Special Victims' Counsel (Counsel) to a victim of a sexual assault committed by a member of the Armed Forces (member). Outlines Counsel qualifications and duties, including providing advice and assistance in connection with criminal and civil legal matters related to the assault. Allows a member or member dependent who is a victim of an assault by another member to receive Counsel assistance. Requires such victim to be informed of the availability of such assistance at the time the victim originally seeks assistance from a sexual response coordinator or sexual assault victim advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, health care providers, or any other personnel designated by the Secretary concerned. Makes such assistance available regardless of whether the victim elects unrestricted or restricted (confidential) reporting of the incident. Provides additional duties of the Director of the Sexual Assault Prevention and Response Office within the Department of Defense (DOD), including: (1) providing guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response, (2) acting as liaison between DOD and other federal and state agencies on sexual assault prevention and response programs, and (3) overseeing development of program guidance and joint planning objectives in support of such program. Requires the Director to also collect and maintain data of the military departments concerning sexual assault prevention and response. Amends the Uniform Code of Military Justice (UCMJ) to provide for disposition and other requirements in connection with charges of rape or sexual assault, and to provide for victims' rights under such actions (including the right to a Counsel). Adds new provisions to the UCMJ concerning the commission of a sexual act upon, or abusive sexual contact with, a member by a military instructor. Amends the National Defense Authorization Act for Fiscal Year 2012 to require the National Guard of each state and territory to ensure that a sexual assault response coordinator is available at all times to its members.
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
Preventing Greater Uncertainty in Labor-Management Relations Act - Requires the National Labor Relations Board (NLRB) to cease all activity that requires a quorum of Board members. Prohibits the Board from appointing any personnel or implementing, administering, or enforcing any decision, rule, vote, or other action decided, undertaken, adopted, issued, or finalized on or after January 4, 2012, that requires a quorum of the Board members. Terminates the requirements of this Act upon: (1) confirmation of all Board members constituting a quorum with the advice and consent of the Senate, (2) a decision by the Supreme Court on the constitutionality of Board appointments made in January 2012, or (3) the adjournment sine die of the first session of the 113th Congress. Prohibits, in the event of this Act's termination, the implementation, administration, or enforcement of any Board action or appointment occurring on or after January 4, 2012, that requires authorization by not less than a quorum of the Board members, unless and until the action is considered and acted upon by a Board constituting a quorum, or the Supreme Court issues a decision on the constitutionality of the Board appointments made in January 2012.
United States · United States Congress · 25 April 2013
Recognizes the historic struggle of the people of Mexico for independence and freedom, which Cinco de Mayo commemorates. Encourages the people of the United States to observe Cinco de Mayo with appropriate ceremonies and activities.
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
Treto Garza Far South Texas Veterans Inpatient Care Act of 2013 - Redesignates the Department of Veterans Affairs Health Care Center in Harlingen, Texas, as the "Treto Garza South Texas Department of Veterans Affairs Health Care Center." Directs the Secretary of Veterans Affairs (VA) to: (1) ensure that such Center includes a full-service inpatient health care facility, (2) modify the existing facility to meet such requirement, and (3) include in the annual VA strategic capital investment plan a project to expand the Center's capabilities to provide increased inpatient capacity, an urgent care center, and a full range of services for women veterans.
United States · United States Congress · 24 April 2013
Dependable Air Service Act of 2013 - Directs the Secretary of Transportation (DOT) to ensure that flight delays and cancellations do not result from furloughs of Federal Aviation Administration (FAA) employees that are implemented as a result of any rescission, sequestration, or reduction of federal funding for FY2013. Authorizes the Secretary, in order to prevent such delays and cancellations, to: (1) use amounts available for FAA operations for FY2013; or (2) increase the amount available for FAA operations for FY2013 by an amount necessary to ensure that flight delays and cancellations do not result from the furloughs, as well as reduce amounts available for other Department of Transportation (DOT) programs for FY2013 by an amount equal to the increase in funding for FAA operations.
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
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 · 18 April 2013
Patients Right to Know Act of 2013 - Amends the Public Health Service Act to require health plans to disclose in writing to consumers: (1) the annual fee on health insurance providers under the Patient Protection and Affordable Care Act, (2) the annual fees imposed on health insurance policies, (3) required contributions by health plans to the reinsurance program, (4) user fees on health plans participating in health insurance exchanges, (5) payments by health plans whose costs are lower than the target amount (premiums collected minus administrative costs), and (6) charges assessed by states on health plans whose enrollees have a lower actuarial risk than the average actuarial risk of all enrollees in a state. Allows such costs to be calculated separately for individual, small group, or large group markets. Requires the Comptroller General (GAO) to study the methods of calculating the impact on average premium costs associated with: (1) guaranteed issuance of coverage and community rated premiums, (2) limitations on age rating, (3) required coverage of preventive services, and (4) the requirement that plans cover at least 60% of the actuarial value of essential health benefits. Requires Secretary of Health and Human Services (HHS) to make the disclosures under this Act and the GAO study available to the general public through an Internet website.
United States · United States Congress · 17 April 2013
Withdraws parcels 1, 2, 3, and 4 and any lands acquired by the federal government within the boundaries of those parcels with respect to White Sands Missile Range in New Mexico and Fort Bliss in Texas and New Mexico from specified public land laws. Bars the withdrawal of parcel 4 for purposes of the issuance of oil and gas pipeline rights-of-way. Reserves parcel 1 for use by the Secretary of Army (the Secretary) for military purposes in accordance with a specified public land order. Transfers administrative jurisdiction over parcel 2 from the Secretary to the Secretary of the Interior (acting through the Bureau of Land Management [BLM]). Requires the Secretary to reimburse the Secretary of the Interior for the costs incurred by such Secretary in the implementation of this Act with regard to parcel 1.
United States · United States Congress · 17 April 2013
Amends the Internal Revenue Code to make permanent the 15-year recovery period classification for qualified leasehold improvement, restaurant, and retail improvement property, for purposes of the depreciation tax deduction.
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 · 15 April 2013
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 15 April 2013
Small Business Taxpayer Bill of Rights Act of 2013 - Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50,000 that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case.
United States · United States Congress · 15 April 2013
Buffett Rule Act of 2013 - Amends the Internal Revenue Code to allow taxpayers to donate an amount (not less than $1), in addition to any tax owed, which shall be deposited in the general fund of the Treasury and transferred to an account used to reduce the public debt. Requires such donation to be designated on a taxpayer's income tax return at the time such return is filed.
United States · United States Congress · 11 April 2013
Sunshine for Regulatory Decrees and Settlements Act of 2013 - Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or governments. Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement. Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.
United States · United States Congress · 10 April 2013
Court Efficiency Act of 2013 - Directs the President to appoint, by and with the advice and consent of the Senate, one additional circuit judge for the second circuit court of appeals and one additional circuit judge for the eleventh circuit court of appeals. Reduces from 11 to 8 the number of circuit judges appointed to the District of Columbia circuit court of appeals.
United States · United States Congress · 10 April 2013
Line of Duty Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) require the use of grant funds under the community-oriented policing services program to train and provide security details for prosecutors and judges, including their immediate families, involved in cases that raise substantial concerns of retaliation or intimidation through violent acts; and (2) allow grants under the Edward Byrne Memorial Justice Assistance Grant Program to fund prosecutorial and judicial security details and programs. Amends the federal criminal code to make it unlawful to: (1) kill, or attempt or conspire to kill, a U.S. judge, a federal law enforcement officer, or a federally funded public safety officer engaged in official duties or a former U.S. judge, federal law enforcement officer, or federal funded public safety officer on account of past performance of official duties; or (2) travel in interstate commerce to avoid prosecution for such crimes. Expands criminal penalties for assaulting or interfering with law enforcement officers and employees. Permits judges, prosecutors, and law enforcement officials to carry firearms in federal facilities where such possession is otherwise authorized by law. Limits damages and costs in legal actions against a judicial officer by an individual injured during the commission of a felony or a crime of violence. Requires the Director of the Bureau of Prisons to ensure that each federal penal or correctional institution provides a secure firearms storage area for use by all employees who are authorized to carry a firearm.