United States · United States Congress · 14 November 2013
Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires the NLRB, in cases where an existing certified or voluntarily recognized bargaining unit experiences turnover, expansion, or alteration by merger of more than 50% of the unit's employees, to conduct a secret paper ballot among the unit employees: (1) between the 120th day and 110th day before the collective bargaining agreement's expiration or before the end of three years, if there is an agreement between the labor organization and the employer; or (2) within 30 days, if there is no agreement between such parties. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Requires an employer to provide the NLRB a list consisting only of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Requires each labor organization to make the independently verified annual audit report of its financial condition and operations available to all of its members and represented nonmembers. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
United States · United States Congress · 14 November 2013
State Health Care Choice Act - Authorizes a state to limit the application of the Patient Protection and Affordable Care Act (PPACA) with respect to health insurance coverage within that state by enacting a law that: (1) expresses the intent of the state to opt out of one or more of the provisions of PPACA, (2) contains a list of the provisions that will not apply to the state, and (3) either expresses the state's intent to continue to administer health coverage-related laws as in effect in the state on March 23, 2010, or provides for the implementation of related state laws enacted after such date. Sets forth provisions that may be made inapplicable within a state, including provisions related to health coverage, essential health benefits, health insurance exchanges, alternative health plans established by states, individual and employer health coverage requirements, interoperable protocols for enrollment in federal and state health and human service programs, and expansion of Medicaid coverage.
United States · United States Congress · 14 November 2013
American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in coordination with the National Economic Council, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth, job creation, sustainability, and competitiveness in the U.S. manufacturing sector; (2) support the development of a skilled manufacturing workforce; (3) enable innovation and investment in domestic manufacturing; and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Permits the chairperson of the Committee to appoint an advisory panel of private sector and nonprofit leaders to provide input, perspective, and recommendations to assist in the development of the plan. Requires the President to submit the plan to Congress and publish it on an Internet website accessible to the public.
United States · United States Congress · 7 November 2013
Directs the Secretary of State to offer a reward of not more than $5 million to individuals who furnish information: (1) regarding the attacks on the U.S. diplomatic mission at Benghazi, Libya, that began on September 11, 2012; or (2) leading to the capture of an individual who committed, conspired or attempted to commit, or aided in the commission of such attacks.
United States · United States Congress · 7 November 2013
Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements. Requires the physician to first determine 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, except: (1) 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; or (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman. Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act. Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child.
United States · United States Congress · 5 November 2013
Article 32 Reform Act - Revises requirements relating to an Article 32 investigative hearing under the Uniform Code of Military Justice (UCMJ) to require a judge advocate to conduct a preliminary hearing prior to referring a charge or specification to a general court-martial for trial. Requires such judge advocate to have a grade equal to or higher than the grade of the trial counsel and any defense counsel who is representing the accused at the preliminary hearing. Limits the preliminary hearing to the purpose of determining whether there is probable cause to believe an offense has been committed and whether the accused committed it. Requires the judge advocate conducting the preliminary hearing to prepare a report that includes: (1) a determination as to the court-martial jurisdiction over the offense and the accused, (2) a determination as to probable cause, (3) a consideration of the form of charges, and (4) a recommendation as to the disposition of the case. Allows a victim of the alleged offense to decline to testify at the preliminary hearing. Requires the preliminary hearing to be recorded by a court reporter or by a suitable recording device.
United States · United States Congress · 31 October 2013
Cybersecurity Public Awareness Act of 2013 - Directs the Secretary of Homeland Security (DHS) to submit an annual report that: (1) summarizes major cyber incidents involving networks of executive agencies, except for the Department of Defense (DOD); (2) provides aggregate statistics on the number of breaches of networks of executive agencies, the volume of data exfiltrated, and the estimated cost of remedying the breaches; and (3) discusses the risk of cyber sabotage. Requires similar reports by the DOD Secretary to address incidents against DOD and military departments. Directs the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to submit reports and annual updates describing investigations and prosecutions by the Department of Justice (DOJ) relating to cyber instrusions, computer or network compromise, or other forms of illegal hacking. Requires such reports to identify the resources devoted to the enforcement, investigation, and prosecution of such activities and to discuss legal impediments to prosecutions. Requires the Securities and Exchange Commission (SEC) to submit annually, for three years, a report: (1) assessing the reporting of cyber risk or cyber incidents in financial statements by issuers of securities; and (2) evaluating SEC actions, including staff guidance. Directs the DHS Secretary to: (1) submit annual reports describing policies and procedures through which federal agencies, upon request, assist in defending a private sector entity's information networks against cyber threats that could result in loss of life or significant harm to the national economy or national security; (2) submit annually, for three years, a report describing vulnerabilities to, and the prevalence of, cyber threats in specified critical infrastructure sectors and the degree to which cooperative activities with DOD-developed private partners have been employed in each sector; (3) contract with the National Research Council or another federally funded research and development corporation for reports on the opportunities for development of new technologies or approaches to enhance the cybersecurity of critical infrastructure entities; and (4) submit annual reports on impediments to public awareness of common cyber security threats. Directs the Attorney General, in coordination with the Administrative Office of the United States Courts, to submit a report on: (1) whether federal courts have granted timely relief in matters relating to botnets and other cybercrime and threats; and (2) recommended changes to the rules of civil or criminal procedure, the resources, capabilities, and specialization of courts to which such cases may be assigned, and federal civil and criminal laws.
United States · United States Congress · 29 October 2013
Homeowner Flood Insurance Affordability Act of 2013 - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from: (1) increasing flood insurance risk premium rates to reflect the current risk of flood for certain property located in specified areas subject to a certain mandatory premium adjustment, or (2) reducing such subsidies for any property not insured by the flood insurance program as of July 6, 2012, or any policy that has lapsed in coverage as a result of the policyholder's deliberate choice (Pre-Flood Insurance Rate Map or pre-FIRM properties). Sets forth expiration dates for such prohibitions. Amends the National Flood Insurance Act of 1968 (NFIA) to prohibit the Administrator from providing flood insurance to prospective insureds at rates less than those estimated for any property purchased after the expiration of such six-month period (currently, any property purchased after July 6, 2012). Directs FEMA to: (1) restore during such six-month period specified estimated risk premium rate subsidies for flood insurance for pre-FIRM properties and properties purchased after such six-month period, and (2) submit to certain congressional committees a draft affordability framework addressing the affordability of flood insurance sold under the National Flood Insurance Program. Prescribes procedures for expedited congressional consideration of legislation on FEMA affordability authorities. Permits FEMA to enter into an agreement with another federal agency either to: (1) complete the affordability study, or (2) prepare the draft affordability framework. Directs FEMA submit to certain congressional committees the affordability study and report. Amends NFIA to authorize FEMA to reimburse homeowners for successful map appeals. Makes any community that has made adequate progress on the construction (as under current law) or reconstruction (new) of a flood protection system which will afford flood protection for the one-hundred year frequency flood eligible for flood insurance at premium rates not exceeding those which would apply if such flood protection system had been completed. Revises guidelines governing availability of flood insurance in communities restoring disaccredited flood protection systems to include riverine and coastal levees. Requires FEMA to: (1) rate a covered structure using the elevation difference between the floodproofed elevation of the covered structure and the adjusted base flood elevation of the covered structure; and (2) designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood.
United States · United States Congress · 16 October 2013
Expresses the sense of the Senate that the United States should suspend military assistance for Cambodia until an independent and credible investigation occurs into the July 2013 parliamentary elections in Cambodia, and the government of Cambodia is implementing reforms to prevent future election fraud and abuse.
United States · United States Congress · 9 October 2013
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable Rod Grams, former Member of the United States Senate. Declares that when the Senate adjourns on October 9, 2013, it stand adjourned as a further mark of respect to the memory of Senator Grams.
United States · United States Congress · 4 October 2013
Offers: (1) condolences to the families, friends, and loved ones of the innocent victims killed or wounded during the violence that took place at the Washington Navy Yard on September 16, 2013; and (2) support and hope for all the individuals who were wounded and discomforted by the mass shooting. Recognizes the difficult healing and recovery process that lies ahead for the affected communities. Honors the courageous and professional service of: (1) the uniformed men and women of the Navy and other members of the U.S. Armed Forces; (2) all civilian employees who provide support for the Armed Forces; and (3) the law enforcement personnel, emergency responders, and medical professionals who responded to and assisted victims of that shooting. Remains committed to preventing the occurrence of similar tragedies.
United States · United States Congress · 30 September 2013
Amends the National Defense Authorization Act for Fiscal Year 2008 to provide that the total number of aliens eligible for special immigrant status (Iraqis who were employed by or on behalf of the U.S. government in Iraq) during the first three months of FY2014 shall be the sum of: (1) the number of such aliens whose applications were pending on September 30, 2013, and (2) 2000. Imposes a deadline of December 15, 2013, for applications for special immigrant status. Directs the Secretary of State to increase the fee or surcharge authorized under the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 by $1 for processing machine-readable nonimmigrant visas and machine-readable combined border crossing identification cards and nonimmigrant visas. Requires amounts collected as a result of the fee increase to be deposited in the general fund of the Treasury.
United States · United States Congress · 25 September 2013
Designates the week of September 23-29, 2013, as National Adult Education and Family Literacy Week. Encourages people across the United States to support programs to assist those in need of adult education, workforce skills, and family literacy programs.
United States · United States Congress · 24 September 2013
Rewarding Achievement and Incentivizing Successful Employees Act or RAISE Act - Amends the National Labor Relations Act to declare that neither its prohibition against interference by an employer with employees' right to bargain collectively, nor the terms of a collective bargaining agreement entered into between employees and an employer after enactment of this Act, shall prohibit an employer from paying an employee higher wages, pay, or other compensation than the agreement provides for.
United States · United States Congress · 19 September 2013
Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who commits, or aids, abets, or conspires with a person who commits, an act of international terrorism that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism.
United States · United States Congress · 18 September 2013
Trust But Verify Act or the PIN Act - Prohibits an American Health Benefit Exchange (established under the Patient Protection and Affordable Care Act) from offering health insurance coverage through the Exchange until the Comptroller General (GAO) certifies to Congress that the Department of Health and Human Services (HHS), and any related federal agencies involved in the administration of such Exchanges, have implemented all appropriate actions necessary to safeguard the personal health and financial information of enrollees and to protect against fraud and abuse.
United States · United States Congress · 12 September 2013
No Exemption for Washington from Obamacare Act - Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice-President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees.
United States · United States Congress · 12 September 2013
Expresses the sense of the Senate that Congress should establish a joint select committee to investigate and report on the attack on the U.S. diplomatic facility and American personnel in Benghazi, Libya on September 11, 2012.
United States · United States Congress · 9 September 2013
Fairness for American Families Act - Amends the Internal Revenue Code, as amended by the Patient Protection and Affordable Care Act (PPACA), to delay until 2015 the requirement that individuals maintain minimal essential health care coverage. Authority for Mandate Delay Act - Amends PPACA to delay until 2015 enforcement of requirements that large employers offer their full-time employees the opportunity to enroll in minimum essential coverage. Delays the effective date of related reporting requirements for such employers and for providers of minimum essential coverage.
United States · United States Congress · 1 August 2013
Revitalize American Manufacturing and Innovation Act of 2013 - Amends the National Institute of Standards and Technology Act to direct the Secretary of Commerce to establish within the National Institute of Standards and Technology (NIST) a Network for Manufacturing Innovation Program. Includes among Program purposes to: (1) improve the competitiveness of U.S. manufacturing and increase domestic production; (2) stimulate U.S. leadership in advanced manufacturing research, innovation, and technology; and (3) accelerate the development of an advanced manufacturing workforce. Requires the Secretary to: (1) establish a network of centers for manufacturing innovation, to be known as the Network for Manufacturing Innovation; and (2) award financial assistance to assist in planning, establishing, or supporting such centers. Directs the Secretary to establish within NIST the National Office of the Network for Manufacturing Innovation Program to: (1) oversee the Program, (2) develop and periodically update a strategic plan for the Program, (3) establish a clearinghouse of public information related to Program activities, and (4) act as a convener of the Network. Requires the Secretary to ensure that the Office incorporates the Hollings Manufacturing Extension Partnership into Program planning to ensure that the results of the Program reach small- and medium-sized entities. Establishes in the Treasury a Network for Manufacturing Innovation Fund for carrying out the Program. Requires the Secretary to: (1) conduct a survey that measures the economic impact of China's rare earth monopoly on the United States and other affected nations and identifies technologies, industries, and defense systems that are now primarily produced in, or are likely to relocate to, China; and (2) report on survey results and on how the United States should initiate direct dialogue with affected nations to assess the economic consequences of such monopoly and related trade practices and promote cooperative resolutions to facilitate partnership structures that will offset imbalances caused by such monopoly.
United States · United States Congress · 1 August 2013
Exchange Verification of Eligibility to Receive Income-Related Funds for Individuals or the Requiring E-VERIFI Act - Declares that no premium tax credits or reductions in cost-sharing for the purchase of qualified health benefit plans under the Patient Protection and Affordable Care Act (PPACA) shall be permitted until the Inspector General of the Department of Health and Human Services (HHS) certifies to Congress that there is in place a program that successfully and consistently verifies, consistent with PPACA requirements, the household income and coverage requirements of individuals applying for such credits and cost-sharing reductions.
United States · United States Congress · 1 August 2013
Internet Tax Freedom Forever Act - Amends the Internet Tax Freedom Act to make permanent the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.
United States · United States Congress · 1 August 2013
Supports the people of Venezuela in their pursuit of the free exercise of representative democracy in Venezuela. Calls for greater dialogue between all political actors in Venezuela and deplores the undemocratic denial of parliamentary rights to members of opposition parties in the National Assembly and the violence perpetrated against opposition legislators. Commends legislators from other nations in the Americas who have declared their opposition to political irregularities and the use of violence against opposition parliamentarians in Venezuela. Urges: (1) the Organization of American States (OAS) to issue a report on irregularities resulting from the April 14, 2013, presidential election in Venezuela; and (2) the U.S. Ambassador to the OAS to work with other member states to strengthen the ability of the OAS to protect democratic institutions.
United States · United States Congress · 31 July 2013
Textile Enforcement and Security Act of 2013 - Expresses the sense of Congress that the U.S. Customs and Border Protection (CBP) and the Textile and Trade Agreements (TTA) division of the Office of International Trade within CBP should ensure that seizures, detentions, special operations, and Textile Product Verification Teams (TPVTs) remain the primary focus of their efforts to enforce U.S. customs laws with respect to imports of textile or apparel articles, particularly as they relate to enforcement of the North American Free Trade Agreement (NAFTA), the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), and other free trade agreements and trade preference programs to prevent transshipments and origin fraud. Requires the seizure and forfeiture of an imported textile or apparel article for which a trade preference has been claimed in cases where the importer: (1) has either misdescribed, not verified the article's country of origin, or used accompanying false documentation; or (2) provides false information as to his or her address or does not meet certain documentation or informational requirements upon entry of an article. Requires the Secretary of Homeland Security (Secretary), the CBP Commissioner, or the Secretary of the Treasury to use amounts from fines, penalties, and forfeitures of articles due to violations of the U.S. customs laws to pay for expenses directly related to special operations, TPVTs, and other enforcement actions, including expenses related to training and education of certain specialists who participate in the enforcement of such laws. Authorizes the use of such amounts also to pay for a reward of the lesser of at least 20% of that amount, value of property forfeited, or $20,000 to any person who furnishes information that leads to an arrest, conviction, civil penalty assessment, or forfeiture of articles due to violations enforced by the Secretary, the Commissioner, or the Secretary of the Treasury. Directs the Commissioner to ensure specified staffing of the Textile Enforcement Branch, the Textile Policy Branch, and the Quota Branch of TTA. Requires the Commissioner to certify, with respect to the 15 largest U.S. ports of entry for textile or apparel articles, that a certain number of Import Specialists are trained in preventing textile or apparel importer fraud, trade preference verification, classification, and undervaluation. Requires the Commissioner also to increase the number of dedicated textile and import specialists at such ports by 25%. Amends the Tariff Act of 1930 to require the Secretary of the Treasury (who is now merely authorized) to publish in the Federal Register: (1) the names of persons located outside of the U.S. customs territories against whom the CBP has issued a penalty claim for violating U.S. customs laws, including for violations of quotas, duties, or trade preferences; and (2) a list of high-risk countries involved in the transshipment of textile or apparel products. Requires the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, to establish an electronic verification system for tracking textile or apparel articles imported or exported under the CAFTA-DR, NAFTA, or any other free trade agreement to which the United States is a party to ensure compliance with such agreements. Directs the Commissioner to establish a new textile and apparel importer program that requires the CBP to adjust bond amounts for new importers of textile and apparel goods based on the level of assessed risk. Requires the Commissioner to establish a nonresident importer declaration program for the import of textile or apparel articles. Directs the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, to establish an electronic Textile and Apparel Manufacturing Supplier Registry pilot program.
United States · United States Congress · 31 July 2013
Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure. Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution. Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; (2) the necessary and proper clause; or (3) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber.
United States · United States Congress · 18 July 2013
Synthetic Abuse and Labeling of Toxic Substances Act of 2013 or the SALTS Act - Amends the Controlled Substances Act to provide that, in determining whether a controlled substance analogue was intended for human consumption, the following factors may be considered: (1) the marketing, advertising, and labeling of the substance; (2) the known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose; (3) the difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (4) the diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance; and (5) whether the defendant knew or should have known that the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means. Declares that evidence that a substance was not marketed, advertised, or labeled for human consumption shall not by itself be sufficient to establish that the substance was not intended for human consumption.
United States · United States Congress · 18 July 2013
Expresses the sense of the Senate that: (1) the Russian Federation's willingness to shelter Edward Snowden is negatively impacting bilateral relations with the United States; (2) the Russian Federation should turn Edward Snowden over to U.S. authorities so he can stand trial in the United States; (3) the President should consider options, including recommending a different location for the September 2013 G20 summit in St. Petersburg, Russia, should the Russian Federation continue to shelter Mr. Snowden; and (4) the United States should consider all economic and diplomatic options when pursuing Mr. Snowden.
United States · United States Congress · 11 July 2013
Defund Obamacare Act of 2013 - Prohibits any federal funds from being made available to carry out the provisions of the Patient Protection and Affordable Care Act or the health care provisions of the Health Care and Education Reconciliation Act of 2010. Prohibits any entitlement to benefits under such provisions from remaining in effect on and after the date of the enactment of this Act. Prohibits any payments from being awarded, owed, or made to any state, district, or territory under any such provision. Rescinds any unobligated balances available under such provisions.
United States · United States Congress · 11 July 2013
Freedom to Pray Act - Prohibits the federal government from revoking or withholding federal financial assistance that would otherwise be provided to any recipient on the basis of religious activities that are conducted voluntarily and initiated by participants in a program or activity carried out by such recipient. Prohibits this Act from being construed to authorize the United States or any state or political subdivision to: (1) sponsor a religious activity, (2) prohibit a recipient of federal financial assistance from ensuring that a religious activity does not materially and substantially interfere with the orderly conduct of the program or activities carried out by such recipient, (3) require any person to participate in prayer or other religious activity, or (4) compel any employee or agent of a program or activity that is carried out by a recipient of federal financial assistance to participate in an activity if the content of the speech at the activity is contrary to their beliefs.
United States · United States Congress · 10 July 2013
Exchange Sunset Act of 2013 - Amends the Patient Protection and Affordable Care Act to make inapplicable provisions concerning Health Benefit Exchanges if one or more Exchanges fail to accept applications for enrollment in qualified health plans beginning on October 1, 2013. Amends the Internal Revenue Code to terminate the requirement that individuals maintain minimum essential coverage upon such a determination by the Secretary of the Treasury.
United States · United States Congress · 26 June 2013
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable William Dodd Hathaway, former member of the United States Senate. Declares that when the Senate adjourns June 26, 2013, it stands adjourned as a further mark of respect to the memory of Senator Hathaway.
United States · United States Congress · 20 June 2013
Health Care Conscience Rights Act - Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in such title shall require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering or issuing, to that individual, individual coverage excluding such item or service. Makes similar denials about requiring a sponsor to sponsor, purchase, or provide such coverage, or a health insurance issuer or group health plan sponsor to cover an abortion or other item or service to which the sponsor or issuer has a moral or religious objection. Denies also that such title authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, in relation to health insurance coverage or a group health plan that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action to be commenced and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity.
United States · United States Congress · 19 June 2013
Forty Hours is Full Time Act of 2013 - Amends the Internal Revenue Code, with respect to the employer mandate to provide health care coverage, to: (1) modify the formula for calculating the number of full-time employees employed by an applicable large employer subject to the mandate; and (2) define a "full-time employee" as an employee who is employed on average at least 40 hours per week (currently, 30 hours).
United States · United States Congress · 19 June 2013
Death Tax Repeal Act of 2013 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount.
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 · 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
Designates October 30, 2013, as a national day of remembrance for U.S. nuclear weapons program workers, including uranium miners, millers, and haulers.
United States · United States Congress · 7 June 2013
Currency Exchange Rate Oversight Reform Act of 2013 - Directs the Secretary of the Treasury to: (1) make public and report biannually to Congress on international monetary policy and currency exchange rates; and (2) appear, if requested, before certain congressional committees to testify regarding such reports. Prescribes report contents, including: (1) an analysis of currency market developments and the relationship between the U.S. dollar and the currencies of major economies and trading partners of the United States, (2) a review of the economic and monetary policies of major economies and trading partners of the United States and an evaluation of how such policies impact currency exchange rates, and (3) a list of currencies designated as fundamentally misaligned currencies. Instructs the Secretary to: (1) analyze semiannually the prevailing real effective exchange rates of foreign currencies; (2) determine whether any such currency is in fundamental misalignment; and (3) designate it for priority action if the issuing country engages in specified behavior, including excessive and prolonged official or quasi-official accumulation of foreign assets for balance of payments purposes. Prescribes procedures for: (1) negotiations and consultations; and (2) actions in response to failure, including persistent failure, to adopt appropriate policies, or take identifiable action to eliminate the fundamental misalignment. Requires the Secretary, before the United States approves a proposed change in the governance arrangement of any international financial institution, to determine whether any member of the international financial institution that would benefit from the proposed change, in the form of increased voting shares or representation, has a currency designated for priority action. Requires U.S. opposition to the proposed change if the Secretary renders an affirmative determination. Amends the Tariff Act of 1930, for purposes of an antidumping investigation or review, to require an adjustment in the price used to establish export (and constructed export) prices, in the case of a fundamentally misaligned currency designated for priority action, by reducing such price by the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the U.S. dollar. Requires the administering authority, upon the filing of a petition by an interested party, to initiate a countervailing duty investigation or review to determine whether currency undervaluation by the government of, or any public entity within, a foreign country is providing, directly or indirectly, a countervailable subsidy to its exporters or products. Requires the same kind of countervailing duty investigation upon the designation of a foreign currency as a fundamentally misaligned currency for priority action. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Declares that the amendments made by this Act shall apply to goods from Canada and Mexico. Adds as a factor the administering authority must take into account in determining whether a foreign country is a nonmarket economy country the question of whether its currency is designated, or has been designated at any time over the five years before review of any nonmarket economy status, for priority action under this Act. Establishes the Advisory Committee on International Exchange Rate Policy. Repeals the Exchange Rates and International Economic Policy Coordination Act of 1988.
United States · United States Congress · 7 June 2013
States that in order to be considered credible the July 2013 parliamentary elections in Cambodia must: (1) implement the recommendations contained in the July 16, 2012, Report of the United Nations Special Rapporteur on the human rights situation in Cambodia; and (2) include the full participation of all political parties leaders, specifically Sam Rainsy. Urges that any election in Cambodia that the Secretary of State determines is not credible should be deemed an illegitimate expression of the will of the Cambodian people and an impediment to Cambodia's democratic development. States that a Cambodian government formed as a result of such illegitimate elections should not be eligible for direct U.S. assistance.
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
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
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
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 · 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 · 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 · 15 May 2013
Preventing an Unrealistic FMAP Act - Amends title XIX (Medicaid) of the Social Security Act to repeal amendments by the Patient Protection and Affordable Care Act with respect to increased federal medical percentages (FMAPs, or federal matching amounts) for: (1) newly eligible mandatory individuals, and (2) certain states.
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