United States · United States Congress · 19 December 2012
New Columbia Admission Act - Sets forth procedures for admission into the United States of the state of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution, and (2) issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to state offices. Provides that New Columbia shall consist of all territory of the District as of the enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Prohibits New Columbia from imposing taxes on federal property except as provided by Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Maintains: (1) the District of Columbia as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. Requires each state that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23d amendment (which provides for the appointment of electors for President and Vice President for the District).
United States · United States Congress · 19 December 2012
Equitable Access to Care and Health Act or the EACH Act - Amends the Internal Revenue Code, with respect to minimum essential health care coverage requirements added by the Patient Protection and Affordable Care Act, to allow an additional religious exemption from such requirements for individuals whose sincerely held religious beliefs would cause them to object to medical health care provided under such coverage. Defines "medical health care" to mean voluntary health treatment by or supervised by a medical doctor that would be covered under minimum essential coverage that: (1) includes voluntary acute care treatment at hospital emergency rooms, walk-in clinics, or similar facilities; and (2) excludes treatment not administered or supervised by a medical doctor, physical examinations or treatment required by law or third parties, and vaccinations.
United States · United States Congress · 18 December 2012
Declares that the Senate has heard with profound sorrow and deep regret of the death of the Honorable Daniel K. Inouye, Senator from Hawaii. Declares that when the Senate adjourns December 18, 2012, it stand adjourned as a further mark of respect to the memory of the deceased Senator.
United States · United States Congress · 17 December 2012
Condemns the senseless attack at Sandy Hook Elementary School in Newtown, Connecticut, on December 14, 2012. Offers condolences to all of the students, teachers, administrators, and faculty of Sandy Hook Elementary School, as well as their families, and recognizes that the healing process will be long and difficult for the entire community. Honors the selfless, dedicated service of: (1) the teachers, school administrators, school support staff, medical professionals, and others in the greater Newtown community; (2) the emergency response teams and law enforcement officials who responded; and (3) the law enforcement officials who continue to investigate the attack. States that the Senate remains committed to working together to help prevent such tragedies from ever happening again.
United States · United States Congress · 13 December 2012
Observes the 100th birthday of civil rights icon Rosa Parks. Commemorates the legacy of Rosa Parks to inspire all people of the United States to stand up for freedom and the principles of the Constitution.
United States · United States Congress · 11 December 2012
Urges European governments and the European Union (EU) to: (1) designate Hizballah as a terrorist organization so that Hizballah cannot use EU territories for fund raising, recruitment, and propaganda; and (2) impose sanctions on Hizballah for providing material support to Bashar al Assad's violent repression against the people of Syria. Supports Bulgaria's investigation into the July 18, 2012, terrorist attack in Burgas, and urges the President to provide related diplomatic, intelligence, and law enforcement support. Supports Bulgaria as a member of the North Atlantic Treaty Organization (NATO) and urges the United States, NATO, and the EU to work with Bulgaria to safeguard its territory and citizens from terrorism. Urges the President to make available to European allies and the European public information about Hizballah's terrorist activities and material support for Bashar al Assad's campaign of violence in Syria.
United States · United States Congress · 10 December 2012
Declares that the Senate: (1) expresses profound sorrow at the death of the Honorable Arlen Specter, a former U.S. Senator from Pennsylvania; and (2) conveys its condolences to his family. Declares that when the Senate adjourns December 10, 2012, it stands adjourned as a further mark of respect to the memory of Arlen Specter.
United States · United States Congress · 5 December 2012
Calls for the immediate and unconditional release of U.S. citizen Alan Phillip Gross. Urges the government of Cuba to provide all appropriate diagnostic and medical treatment to address the full range of medical issues facing Mr. Gross and to allow him to choose a doctor to provide him with an independent medical assessment.
United States · United States Congress · 4 December 2012
Superstorm Sandy Unemployment Relief Act of 2012 - Directs the President, in the case of an individual eligible to receive unemployment assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of the disaster declaration made for Hurricane Sandy after October 20, 2012, to make such assistance available for 39 weeks after the date of the declaration (currently limited to 26 weeks). Requires the payments to a state to equal 100% of the amount of unemployment compensation paid under state law to affected individuals in each affected state or any area within it. Makes payments available until July 23, 2013. Makes appropriations necessary to carry out this Act.
United States · United States Congress · 30 November 2012
Declares that the Senate has heard with profound sorrow and deep regret of the passing of the Honorable George McGovern, a former U.S. Senator and Member of the House of Representatives from South Dakota. Extends heartfelt sympathy to his family and friends. Declares that when the Senate adjourns November 30, 2012, it stand adjourned as a further mark of respect to the memory of George McGovern.
United States · United States Congress · 29 November 2012
Declares that the Senate has received with profound sorrow and deep regret the announcement of the passing of the Honorable Warren B. Rudman, a former Senator from New Hampshire. Declares that when the Senate adjourns on November 29, 2012, it stand adjourned as a further mark of respect to the memory of Senator Rudman.
United States · United States Congress · 26 November 2012
Today's Entrepreneurs are Advancing Mentorship Act of 2012 or TEAM Act of 2012 - Amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Entrepreneurial Support, headed by a Director, to develop and provide innovative entrepreneurial information, education, and resources to promote both prospective entrepreneurs and successful small businesses. Requires: (1) the SBA's Associate Administrator for Entrepreneurial Development to establish a program of technical assistance grants for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship, and (2) the Director to report to the congressional small business committees on best practices of U.S. entrepreneurial education and training programs. Directs the SBA Administrator to establish an Emerging Leaders Program of specialized training and executive-level mentoring to certain small businesses, with an emphasis on small businesses in emerging, underserved, rural, and urban markets. Requires: (1) the Administrator to develop performance measures for the Emerging Leaders and Entrepreneurial Support Programs, and (2) the Comptroller General to submit to the small business committees a comprehensive analysis of the economic impact of such Programs.
United States · United States Congress · 15 November 2012
Expresses unwavering commitment to the security of Israel as a Jewish and democratic state with secure borders and supports its inherent right to act in self-defense to protect its citizens against acts of terrorism. Reiterates that Hamas must end Gaza-linked terrorist rocket and missile attacks against Israel, recognize Israel's right to exist, renounce violence, and agree to accept previous agreements between Israel and the Palestinians. Urges the U.N. Security Council to condemn the recent spike in Gaza-linked terrorist missile attacks against Israel. Encourages the President to continue to work diplomatically with the international community to prevent Hamas and other Gaza-based terrorist organizations from retaining or rebuilding the capability to launch rockets and missiles against Israel.
United States · United States Congress · 14 November 2012
Authorizes a Senator, officer, or employee of the Senate to: (1) solicit another such individual, within Senate buildings, for nonmonetary donations for the relief of victims of Superstorm Sandy during the 30-day period beginning on which the Senate agrees to this resolution; and (2) work with a nonprofit organization with respect to the delivery of such donations.
United States · United States Congress · 22 September 2012
Postpones until December 8, 2012, the requirement under the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) that the Secretary of the Senate, the Sergeant at Arms of the Senate, and the Clerk of the House of Representatives ensure that financial disclosure forms filed by congressional officers and employees be made available to the public on the respective official Senate and House websites within 30 days after filing. Postpones until the same date the requirement that the President ensure that financial disclosure forms filed by executive branch employees are publicly available on appropriate official websites of executive branch agencies within such period. Excludes from these effective date postponements, however, the President, Vice President, Members of Congress, candidates for Congress, and any officer occupying a position listed under Level I and Level II of the Executive Schedule having been nominated by the President and confirmed by the Senate. (Thus maintains September 30, 2012, as the effective date of the requirement that such individuals make their financial disclosure forms available to the public.) Requires the Director of the Office of Personnel Management (OPM) to contract with the National Academy of Public Administration to study issues raised by the website publication of financial disclosure forms. Requires the Academy to report and make recommendations to Congress and the President for ways to avoid or mitigate the risks identified in its study. Postpones until January 1, 2013, the requirement that Members of Congress and congressional officers and employees file financial periodic transaction reports (PTRs) with the Clerk of the House that include information on the sources of income of their spouses or children, but only with respect to any transaction exceeding $1,000 in stocks, bonds, commodities futures, and other forms of securities. Postpones until the same date also the PTRs requirements for certain individuals in the executive branch. Lists these individuals as: (1) the President; (2) the Vice President; (3) executive officers or employees, including certain special government employees and members of a uniformed service; (4) appointed administrative law judges; (5) executive branch employees in positions excepted from the competitive service because of their confidential or policymaking character (except those excluded from such exception by the Director of the Office of Government Ethics [OGE]); (6) the Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the U.S. Postal Service, and certain U.S. Postal Service officers or employees; (7) the OGE Director and each designated agency ethics official; and (8) civilian employees of the Executive Office of the President (other than a special government employee) appointed by the President.
United States · United States Congress · 22 September 2012
Designates November 24, 2012, as Small Business Saturday. Supports efforts to: (1) encourage consumers to shop locally, and (2) increase awareness of the value of locally owned small businesses and their impact on the U.S. economy.
United States · United States Congress · 22 September 2012
Recognizes the dedicated service and commitment of Ambassador John Christopher Stevens, Sean Smith, Tyrone Woods, and Glen Doherty in assisting the Libyan people as they navigate the complex currents of democratic transition marked in this case by profound instability. Praises Ambassador Stevens, who represented the highest tradition of American public service, for his extraordinary record of dedication to the interests of he Unites States in some of the most difficult and dangerous posts around the globe. Sends the Senate's condolences to the families of those American public servants killed in Benghazi. Commends the bravery of Foreign Service Officers, U.S. Armed Forces, and public servants serving in harm's way around the globe and recognizes the deep sacrifices made by their families. Condemns the despicable attacks on American diplomats and public servants in Benghazi and calls for the perpetrators to be brought to justice.
United States · United States Congress · 22 September 2012
Designates the week beginning on October 14, 2012, as National Wildlife Refuge Week. Encourages the observance of National Wildlife Refuge Week with appropriate events and activities. Reaffirms the support of the Senate for wildlife conservation and the National Wildlife Refuge System.
United States · United States Congress · 20 September 2012
Condemns Supreme Leader Ayatollah Khomeini and President of Iran Mahmoud Ahmadinejad's offensive remarks and reprehensible policies aimed at Israel's destruction, and urges all United Nations (U.N.) member states to do the same. Calls on the U.N. Security Council to act against Iran for violating the U.N. Charter and further calls on all U.N. member states to fully implement existing Security Council resolutions sanctioning Iran and to take stronger unilateral diplomatic and economic measures to prevent Iran from obtaining nuclear weapons. Calls on the Security Council and all U.N. member states to consider targeted sanctions, travel bans, and other measures linked to the cessation of Iran's incitement to hatred and genocide. Calls for the Secretary General's Advisory Committee on the Prevention of Genocide to make recommendations to the Security Council to report on Iranian genocide threats. Calls on parties to the Genocide Convention to file a complaint against leaders in Iran before the International Court of Justice for Iran's failure to abide by its obligations under the Genocide Convention. Reaffirms the strategic partnership and friendship between the United States and Israel and reasserts the steadfast commitment of the people and the government of the United States to defend Israel's right to exist as a free and democratic state.
United States · United States Congress · 19 September 2012
Public Interest Declassification Board Reauthorization Act of 2012 - Amends the Public Interest Declassification Act of 2000: (1) with respect to term limits for members of the Public Interest Declassification Board, and (2) to extend Board authority through 2018.
United States · United States Congress · 19 September 2012
National Women's History Museum Commission Act of 2012 - Establishes the Commission to Study the Potential Creation of a National Women's History Museum to submit to the President and Congress a report containing recommendations with respect to a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, D.C. Requires the Commission to be composed of eight members. Directs the Senate Majority Leader, Speaker of the House of Representatives, Senate Minority Leader, and House Minority Leader to each appoint two Commission members. Directs the Commission to: (1) report on issues including potential locations for the Museum and whether it should be part of the Smithsonian Institution, and (2) develop a fundraising plan to support the establishment and maintenance of the Museum through contributions from the public. Authorizes the Commission to employ and compensate an executive director and other necessary personnel. Terminates the Commission within a specified period after it has submitted its final reports pursuant to this Act. Prohibits federal funds from being obligated to carry out this Act.
United States · United States Congress · 19 September 2012
Recalcitrant Cancer Research Act of 2012 - Amends the Public Health Service Act to require the Director of the National Cancer Institute (NCI) to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years. Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancer. Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific framework under this Act. Requires the Director to consider each relevant scientific framework developed under this Act when making recommendations for exception funding for grant applications.
United States · United States Congress · 19 September 2012
Designates September 29, 2012, as National Estuaries Day. Acknowledges the importance of estuaries to sustaining employment and U.S. economic well-being and prosperity. Expresses the intent of the Senate to continue working to understand, protect, and restore U.S. estuaries.
United States · United States Congress · 13 September 2012
Big Cats and Public Safety Protection Act - Amends the Lacey Act Amendments of 1981 to prohibit any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing, breeding, possessing, or owning any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce). Includes among exemptions to such prohibition the: (1) breeding of such species by authorized persons; and (2) transportation, possession, or ownership of such species by authorized persons. Defines "breeding" as facilitating the reproduction of prohibited wildlife species (any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) for commercial use. Removes from the list of persons authorized to import, export, transport, sell, receive, acquire, breed, possess, own, or purchase such species a person that is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service (APHIS) or any other federal agency with respect to such species. Includes in such list: (1) a zoo accredited by the Association of Zoos and Aquariums; (2) a wildlife sanctuary that cares for such species, is a tax exempt corporation, does not commercially trade in or propagate such species, does not allow direct contact between the public and animals, and does not allow the transport and display of such species off-site; and (3) a person that is in possession of animals of such species that were born before the date of this Act's enactment and that are registered with APHIS within six months after such regulations are promulgated. Establishes civil and criminal penalties and forfeiture requirements for violations of this Act.
United States · United States Congress · 13 September 2012
Honors the service of Lodi Gyaltsen Gyari as Special Envoy of His Holiness the Dalai Lama. Commends the achievements of Lodi Gyaltsen Gyari in building an international coalition of support for Tibet that recognizes: (1) the imperative to preserve Tibet's culture and religious traditions, and (2) that the Tibetan people are entitled under international law to their own identity and autonomy within China. Acknowledges Lodi Gyaltsen Gyari's role, as a naturalized U.S. citizen, in promoting understanding in the United States of the Tibetan people, their culture and religion, and their struggle for autonomy and human rights. Supports a political solution for Tibet within China that satisfies the aspirations of the Tibetan people.
United States · United States Congress · 12 September 2012
Recognizes the dedicated service and deep commitment of the four American public servants, including Ambassador John Christopher Stevens and Sean Smith, in assisting the Libyan people as they navigate the complex currents of democratic transition marked in this case by profound instability. Praises Ambassador Stevens, who represented the highest tradition of American public service, for his extraordinary record of dedication to the United States' interests in some of the most difficult and dangerous posts around the globe. Sends deepest condolences to the families of those American public servants killed in Benghazi. Commends the bravery of Foreign Service Officers, U.S. Armed Forces, and public servants serving in harm's way around the globe and recognizes the deep sacrifices made by their families. Condemns the despicable attacks on American diplomats and public servants in Benghazi and calls for the perpetrators of such attacks to be brought to justice.
United States · United States Congress · 2 August 2012
Stop Abuse, Violence, and Exploitation of Elders Act of 2012 or the SAVE Elders Act of 2012 - Amends the Victims of Crime Act of 1984 to designate specified funds from the Crime Victims Fund for grants for compensation and assistance to victims of elder abuse. Defines "elder abuse" under that Act: (1) to mean the abuse, exploitation, or neglect of an individual who is age 65 or older and lawfully present in the United States; and (2) with respect to a state that receives a grant, to include any other conduct that is defined as such under the laws of the state. Requires the Director of the Office of Victims of Crime to use such funds to make grants to states to support: (1) eligible crime victim assistance programs that provide assistance to victims of elder abuse; and (2) programs that improve the investigation, handling, and prosecution of cases of elder abuse. Apportions specified percentages of grant amounts among the states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands and requires the amounts remaining after such apportionment to be distributed among the states based on: (1) the population of individuals age 65 or older in a state relative to the population of such individuals in all states, (2) the population of individuals age 65 or older in a state in relation to the population of the state, and (3) the overall rate of crime in a state.
United States · United States Congress · 1 August 2012
Designates September 2012 as National Prostate Cancer Awareness Month. Declares that steps should be taken to: (1) raise awareness about prostate cancer screening and treatment; (2) increase research funding in an amount commensurate with the burden of prostate cancer; and (3) improve access to, and the quality of, health care services for detecting and treating prostate cancer.
United States · United States Congress · 25 July 2012
Success Ultimately Comes from Capital, Contracting, Education, Strategic Partnerships, and Smart Regulations Act of 2012 or SUCCESS Act of 2012 - Amends the Internal Revenue Code to temporarily extend: (1) the 100% exclusion from gross income of gain from the sale or exchange of qualified small business stock, (2) the increased tax deduction for business start-up expenses, (3) a reduction from 10 to 5 years in the recognition period for built-in gains of S corporations, (4) the five-year carryback of tax credit amounts of eligible small businesses, and (5) the increased expensing of depreciable business assets. EXCEL Act of 2012- Amends the Small Business Investment Act of 1958 to: (1) authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses, (2) increase the maximum amount of outstanding leverage for two or more commonly-controlled SBICs, (3) authorize annual inflationary adjustments of such limits, (4) direct the Administrator to make publicly available specified fiscal and related information with respect to each SBIC, and (5) allow SBIC licensing fees to be used for SBIC program needs other than the costs of licensing examinations. Expresses the sense of Congress supporting SBIC partnerships with community banks and other lenders. Amends the Small Business Jobs Act of 2010 to extend through March 27, 2014 (under current law, through September 27, 2012) the authority for SBA refinancing of small business debt not involving business expansion under the SBA's local development business loan program. Amends the Small Business Act to direct the Administrator to make publicly available a user-friendly database of information related to lenders making loans under such Act or the Small Business Investment Act of 1958. Small Business Export Growth Act of 2012 - Requires certain reports to Congress: (1) on improving access to export information on the Export.gov website, and (2) for developing a single website for complying with and disseminating information about U.S. export control laws and regulations. Requires: (1) at least one outreach event each fiscal year in each state with respect to sales opportunities for the export of small business goods and services, (2) the establishment of a Small Business Inter-Agency Task Force on Export Financing, (3) a program to cross-train export finance specialists with respect to the promotion of exports by rural small businesses, (4) a program to register export management companies, and (5) development of a small business trade strategy. Adds the Commonwealth of the Northern Mariana Islands to the list of U.S. territories and possessions eligible for SBA grants to carry out export programs that assist certain small businesses. Directs the Administrator to develop and submit to Congress a plan for using SBA entrepreneurial development programs to create jobs during FY2013-FY2014. Women's Small Business Ownership Act of 2012 - Directs the SBA's Office of Women's Business Ownership to address issues concerning the management, operations, manufacturing, technology, finance, retail and product sales, international trade, government contracting, and other disciplines required for starting, operating, and increasing the business of a small business. Authorizes the Administrator to provide financial assistance to qualifying entities to conduct projects designed to provide training and counseling meeting the needs of women business owners, especially socially and economically disadvantaged women business owners. Directs the Comptroller General (CG) to study and report to Congress on: (1) the unique economic issues facing women's business centers located in predominately rural, urban, or insular areas; and (2) SBA oversight of women's business centers. Requires that, after December 31, 2013, the Administrator make certain minority entrepreneurship and innovation grants only to institutions of higher education that are accredited (and not merely in preaccreditation status) by a nationally recognized accrediting agency. Increases SBDC funding levels. Allows the Administrator to authorize a SBDC to provide assistance to small businesses outside the state of that SBDC, without regard to geographical proximity, if the small business is in an area for which the President has declared a major disaster. Terminates SBDC authority to assist small businesses in responding to the impact of planned closures or force reductions at nearby military facilities. Repeals: (1) the Paul D. Coverdell drug-free workplace demonstration program, and (2) the National Veterans Business Development Corporation. Allows the Administrator to guarantee a surety against any loss resulting from the breach of a bond by a principal on any work order or contract amount up to $5 million (under current law, up to $2 million). Requires the Administrator to reimburse such a surety unless the total contract exceeds such increased amount. Small Business Contracting Fraud Prevention Act of 2012 - Includes under penalties for misrepresentation a business that misrepresents itself as a small business owned and controlled by service-disabled veterans. Includes under such penalties misrepresentation for purposes of the award of a grant or cooperative agreement through the SBA. Expands authorized remedies to include civil remedies available under the False Claims Act, as well as the amount actually received from the federal government under a contract, grant or cooperative agreement, or losses sustained. Provides additional events or instances under which an entity shall be considered to have misrepresented its status. Requires an entity seeking status as a small business owned and controlled by service-disabled veterans to submit an annual certification of such status, and to register with specified databases that track veteran small businesses. Amends the 8(a) (SBA general small business loan) program to direct the CG, every three years, to evaluate the program and report evaluation results. Requires related program oversight by the Administrator. Directs the Administrator to: (1) ensure the accuracy and appropriate revision of HUBZone (heavily underutilized business zone) maps, (2) ensure that only small businesses determined to be qualified to participate in HUBZone programs are participating, (3) report on HUBZone small business applications or recertifications, and (4) develop measures and implement plans to assess the effectiveness of the HUBZone program. Requires an annual report from the Administrator on suspensions, debarments, and prosecutions related to unauthorized participation in, or misrepresentation under, SBA programs. Fairness in Women-Owned Small Business Contracting Act of 2012 - Revises provisions concerning the procurement program for women-owned small businesses (providing a federal procurement contracting preference to such businesses) to: (1) remove the requirement that the woman or women owning such business be economically disadvantaged, (2) remove contract award price limits, and (3) allow a contracting officer to award a sole source contract to such a business under the same conditions as such a contract may be awarded to a qualified HUBZone small business. Directs the Administrator to periodically conduct a study to identify any U.S. industry in which women are underrepresented. Small Business Champion Act of 2012 - Requires the Director of the Small and Disadvantaged Business Utilization (established in each federal agency having procurement functions) to be compensated at least at the GS-15 rate, and allows such position to be compensated at up to a Senior Executive Service level. Provides additional Director duties. Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with SBA requirements, and (2) identify best practices for maximizing small business utilization in federal contracting. Expresses the sense of Congress in support of reduced paperwork burdens on small businesses and in maximizing their use of common applications in interaction with federal agencies. Establishes the Executive Committee on a Small Business Common Application. Requires a CG report evaluating the status of programs authorized and amendments made under this Act.
United States · United States Congress · 24 July 2012
Honors the life, bravery, and leadership of Oswaldo Paya Sardinas, and offers condolences to his family, friends, and loved ones. Calls on the United States to continue policies that promote religious freedom, democracy, and human rights in Cuba. Calls on the government of Cuba to: (1) allow an impartial, third-party investigation into the circumstances surrounding the death of Oswaldo Paya Sardinas; and (2) provide its citizens with internationally accepted standards for civil and human rights and the opportunity to vote in free and fair elections.
United States · United States Congress · 24 July 2012
Condemns the atrocities that occurred in Aurora, Colorado, on July 20, 2012. Offers condolences to the families, friends, and loved ones of those who were killed. Expresses hope for the rapid and complete recovery of the wounded. Applauds the hard work and dedication exhibited by the hundreds of officials and others who offered support and assistance. Honors the resilience of the community of Aurora and Colorado.
United States · United States Congress · 23 July 2012
Wood-Pawcatuck Watershed Protection Act - Amends the Wild and Scenic Rivers Act to designate for study for potential addition to the national wild and scenic rivers system specified segments of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in Rhode Island and Connecticut.
United States · United States Congress · 23 July 2012
Reaffirms U.S. support for the 2002 declaration of conduct of parties in the South China Sea among the member states of the Association of Southeast Asian Nations (ASEAN) and China. Urges all parties to exercise self-restraint in the conduct of activities that would complicate disputes and stability, including refraining from inhabiting presently uninhabited islands, reefs, shoals, and other features. Supports a diplomatic process by all claimants for resolving outstanding territorial and jurisdictional disputes. Supports U.S. Armed Forces operations in the Western Pacific, including in the South China Sea, in support of freedom of navigation, the maintenance of peace, respect for international law, and unimpeded lawful commerce.
United States · United States Congress · 19 July 2012
Cybersecurity Act of 2012 or the CSA2012 - Establishes a National Cybersecurity Council, to be chaired by the Secretary of Homeland Security (DHS) (the Secretary), to: (1) conduct sector-by-sector risk assessments; (2) identify categories of critical cyber infrastructure (CCI categories); (3) coordinate the adoption of private-sector recommended voluntary outcome-based cybersecurity practices; (4) establish an incentives-based voluntary cybersecurity program for critical infrastructure to encourage owners of critical infrastructure to adopt such practices; (5) develop procedures to inform critical infrastructure owners and operators of cyber threats, vulnerabilities, and consequences; and (6) provide any technical guidance or assistance requested by owners and operators. Directs the Council to designate an agency to: (1) conduct top-level cybersecurity assessments of cyber risks to critical infrastructure with voluntary participation from private sector entities; and (2) prioritize ongoing, sector-by-sector assessments beginning with sectors posing the greatest immediate risk. Requires the Council to submit each risk assessment to the President and appropriate federal agencies and congressional committees. Directs the Council to: (1) identify CCI categories within each sector of critical infrastructure and critical infrastructure owners within each category, and (2) establish a procedure for owners of critical cyber infrastructure to challenge the identification. Directs the Council to identify CCI categories as a critical cyber infrastructures only if damage or unauthorized access could reasonably result in: (1) the interruption of life-sustaining services (including energy, water, transportation, emergency services, or food) sufficient to cause a mass casualty event or mass evacuations; (2) catastrophic economic damage to the United States, including financial markets, transportation systems, or other systemic, long-term damage; or (3) severe degradation of national security. Requires the Council to establish procedures under which owners of critical cyber infrastructure shall report significant cyber incidents affecting critical cyber infrastructure. Provides for congressional review of critical cyber infrastructure determinations. Requires private sector coordinating councils (PSCC) within critical infrastructure sectors established by the National Infrastructure Protection Plan to propose cybersecurity practices to the Council. Directs the Council to adopt: (1) any proposed practices and any necessary amended or additional practices that adequately address identified cyber risks, and (2) practices pursuant to the Council's own assessment if a PSCC fails to submit proposals. Permits federal agencies with responsibilities for regulating the security of critical infrastructure to adopt such practices as mandatory requirements. Requires agencies that do not adopt the practices to report to Congress on the agency's reasoning, including a description of whether the agency is maintaining practices sufficient to effectively address cyber risks. Directs the Council to establish the Voluntary Cybersecurity Program for Critical Infrastructure under which owners of critical infrastructure certified to participate in the Program select and implement cybersecurity measures of their choosing that satisfy such cybersecurity practices in exchange for: (1) liability protection from punitive damages; (2) expedited security clearances; and (3) prioritized technical assistance, real-time cyber threat information, and public recognition. Prohibits any of the above provisions relating to the critical infrastructure public-private partnership from limiting the ability of a federal agency with responsibilities for regulating the security of critical infrastructure from requiring that the cybersecurity practices adopted by the Council be met. Directs the Secretary to establish a Critical Infrastructure Cyber Security Tip Line. Requires the Secretary to: (1) inform the owner or operator of information infrastructure located outside the United States the disruption of which could result in catastrophic damage within the United States and the government of the country in which the information infrastructure is located of any cyber risks to such information infrastructure; and (2) coordinate with such governments and owners or operators regarding the implementation of measures to mitigate or remediate cyber risks. Amends the Federal Information Security Management Act of 2002 (FISMA) to direct the Secretary to oversee the information security requirements of federal agencies. (Currently, the Director of the Office of Management and Budget [OMB] has such oversight authority and has administratively transferred certain responsibilities to DHS through an OMB memorandum.) Revises information security requirements for federal agencies and provides for continuous monitoring and streamlined reporting of cybersecurity risks. Maintains: (1) the President's oversight over national security systems; and (2) the delegation of authority to the Department of Defense (DOD), Central Intelligence Agency (CIA), and Director of National Intelligence (DNI) for specified defense and intelligence systems. Amends the Homeland Security Act of 2002 to consolidate existing DHS resources for cybersecurity within a National Center for Cybersecurity and Communications. Sets forth the duties of the Center, including managing efforts to secure, protect, and ensure the resiliency of the federal information infrastructure, supporting private sector efforts to protect such infrastructure, prioritizing efforts to address the most significant risks to the information infrastructure, and ensuring privacy protections. Requires the Center to be headed by a Director (appointed by the President with Senate confirmation) who reports to the Secretary. Directs the DNI to identify a Deputy Director with concurrence of the Secretary. Directs the Center to: (1) oversee the national security and emergency preparedness communications infrastructure, including the Office of Emergency Communications and the National Communications System; (2) develop a national incident response plan detailing the roles of federal agencies, state and local governments, and the private sector; and (3) consult with international partners. Requires the Center to establish procedures to: (1) ensure regular and timely sharing of cybersecurity information between and among federal and nonfederal entities, including cybersecurity centers, network and security operations centers, cybersecurity exchanges, and nonfederal entities responsible for such systems; and (2) share cybersecurity threat and vulnerability information by the federal government with owners and operators of the national information infrastructure. Prohibits federal entities from: (1) using certain voluntarily submitted information as evidence in regulatory enforcement actions; or (2) unless otherwise authorized by law, compelling a disclosure of information from a private entity or intercepting wire, oral, or electronic communications. Requires federal agencies, unless otherwise directed by the President, to immediately notify the Center of any incident affecting a national security system. Directs the Director of the Office of Science and Technology Policy to develop a national cybersecurity research and development plan to encourage the development of computer technologies and software to protect against evolving cyberthreats. Requires the National Science Foundation (NSF), Secretary, and Secretary of Commerce to establish a program for federal agencies to award grants to institutions of higher education or research and development nonprofit institutions to establish cybersecurity test beds capable of realistic modeling of real-time cyber attacks and defenses. Directs the NSF to establish cybersecurity research centers based at institutions of higher education and other entities. Requires the DHS and DOD to jointly establish academic and professional Centers of Excellence to protect critical infrastructure in conjunction with international academic and professional partners from countries that may include appropriate U.S. allies. Directs the NSF to establish a Federal Cyber Scholarship-for-Service program. Directs the Secretary to develop and update periodically an acquisition risk management strategy including procedures to: (1) assess risks to the federal information infrastructure supply chain, (2) incorporate internationally recognized standards with input from the private sector, and (3) share threat information with the private sector. Amends federal information technology procurement laws to provide information security training to contracting officers and promote the acquisition of information security products through authorized channels or distributors of a supplier. Sets forth the responsibilities of the Department of State with respect to the coordination of international norms for cyberspace to be developed with other countries and the consideration of cybercrime in foreign policy and foreign assistance programs. Authorizes private entities to monitor and operate countermeasures to protect against cybersecurity threats on their own information systems and the information systems of a third party with such party's express prior consent. Permits private entities to disclose lawfully obtained cybersecurity threat indicators to other private entities for the sole purpose of protecting information systems. Sets forth requirements for safeguarding information that could be used to identify specific persons and prohibits the use of such information to gain an unfair competitive advantage. Directs the Secretary to establish a process for: (1) designating one or more civilian federal entities, private entities, or nonfederal government entities to serve as cybersecurity exchanges; and (2) sharing classified and unclassified cybersecurity threat indicators in as close to real time as possible with appropriate entities. Requires the Secretary to designate a civilian federal entity as the lead cybersecurity exchange for information sharing among federal entities and with state, local, tribal, and territorial governments, international partners, and private entities. Authorizes federal entities to disclose cybersecurity threat indicators to law enforcement if: (1) disclosure is permitted under procedures developed by the Secretary and approved by the Attorney General (DOJ) to protect privacy and civil liberties; and (2) the information pertains to a cybersecurity crime, an imminent threat of death or serious bodily harm, or a serious threat to minors, including sexual exploitation and threats to physical safety. Allows law enforcement to use such indicators only to: (1) protect information systems from a cybersecurity threat or investigate, prosecute, or disrupt a cybersecurity crime; or (2) protect individuals from imminent threats of death or serious bodily harm and minors from serious threats. Defines a "cybersecurity crime" as violation of a state or federal law relating to computer crimes, including any provision of the federal criminal code enacted or amended by the Computer Fraud and Abuse Act of 1986. Directs federal entities to develop and enforce appropriate sanctions for employees who conduct cybersecurity information activities outside the normal course of duties or in a manner inconsistent with their responsibilities or in contravention of procedures to protect privacy and civil liberties. Establishes a cause of action against the United States if a federal entity intentionally or willfully violates cybersecurity information laws or related regulations. Requires the DNI to issue guidelines for granting security clearances. Sets forth standards for sharing classified threat indicators. Provides legal protections to entities engaged in authorized cybersecurity activities.
United States · United States Congress · 17 July 2012
Amends the Electronic Fund Transfer Act with respect to mandatory fee disclosures on automated teller machines (ATMs) operated by a person other than a financial institution holding a consumer's account. Repeals the requirement that such a fee disclosure appear in a prominent and conspicuous location on or at the ATM. Limits such requirement to appearance of a fee disclosureon the ATM screen. Amends the Federal Deposit Insurance Act to make the Consumer Financial Protection Bureau (CFPB) a "covered agency" that may share information with another covered agency or any other federal agency without waiving any privilege applicable to the information. Prohibits information submitted to the CFPB in the course of its supervisory or regulatory process from being construed as waiving, destroying, or affecting any privilege that may be claimed with respect to such information under federal or state law as to any person or entity other than the CFPB, another federal banking agency, a state bank supervisor, or a foreign banking authority.
United States · United States Congress · 16 July 2012
Recognizes the heroic efforts of firefighters and military personnel to contain wildfires and protect lives, homes, natural resources, and rural economies throughout the United States. Encourages: (1) people and the federal government to express appreciation to the men and women in the firefighting services, (2) people and communities to act diligently in preventing and preparing for a wildfire, and (3) people to keep in their thoughts the individuals who have suffered as a result of wildfire.
United States · United States Congress · 12 July 2012
Victory for Veterans Stamp Act of 2012 - Directs the Postal Service to issue a special stamp, to be called the Victory for Veterans Stamp, at a cost of 25 cents each. Makes such Stamp invalid for postage. Requires Stamp sale proceeds to be used as follows: (1) one-third for funding Department of Veterans Affairs (VA) veterans' vocational rehabilitation programs, (2) one-third to the general fund of the Treasury for deficit reduction, and (3) one-third for the Postal Service for modernization and fiscal administration. Requires such Stamp to be made available to the public within six months after the enactment of this Act.
United States · United States Congress · 12 July 2012
Philanthropic Enterprise Act of 2012 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income, and independent operation (i.e., not controlled by a substantial contributor) from the excise tax on excess business holdings and unrelated business income.
United States · United States Congress · 11 July 2012
Military Service Integrity Act of 2012 - Revises provisions prohibiting the unauthorized purchase, sale, or use of military medals or decorations. Repeals a prohibition against knowingly wearing such a medal when not authorized to do so. Adds the requirement that a person act with the intent of securing a tangible benefit or personal gain to the prohibition against knowingly, falsely, and materially representing oneself as having served in the U.S. Armed Forces or having been awarded any decoration, medal, ribbon, or other device authorized by Congress or pursuant to federal law for the Armed Forces. Defines "tangible benefit or personal gain" to include: (1) a benefit relating to military service provided by the federal government or a state or local government, (2) employment or professional advancement, (3) financial remuneration, (4) an effect on the outcome of a criminal or civil court proceeding, and (5) an impact on one's personal credibility in a political campaign. Repeals provisions providing for enhanced penalties for offenses involving a Congressional Medal of Honor, a distinguished-service cross, a Navy cross, an Air Force cross, a silver star, or a Purple Heart.
United States · United States Congress · 28 June 2012
Global Conservation Act of 2012 - Directs the Secretary of State to enter into an arrangement with the National Academy of Sciences to conduct a study of, and report to Congress on, U.S. international conservation programs to determine the extent to which such programs are: (1) advancing conservation in the world's most ecologically and economically important terrestrial and marine ecosystems; (2) addressing natural resource challenges; (3) advancing U.S. foreign policy priorities in areas such as security, democratization, sustainable food production, and clean water; (4) enhancing economic and wildlife conservation benefits derived from properly managed international hunting and angling tourism; and (5) addressing poaching, illegal logging, fishing, and wildlife trafficking. Directs the President: (1) to establish the Interagency Working Group on Global Conservation; and (2) through such Working Group, to establish the International Conservation Strategy to strengthen the capacity of the United States to collaborate with other countries, international organizations, the private sector, and private voluntary organizations to conserve natural resources and enhance biodiversity. Requires the Strategy to provide a comprehensive plan of action that identifies specific and measurable benchmarks, goals, and time frames. Requires the Working Group to ensure that the Strategy is appropriate to local needs and conditions and incorporates the views of partner countries. Establishes the Global Conservation Public Advisory Board to: (1) advise the Working Group on matters related to U.S. international conservation policies and programs and the implementation of the Strategy; and (2) ensure that the best scientific, policy, economic security, and business expertise are reflected in U.S. international conservation strategies and policies. Prohibits any provision in this Act from being construed as restricting, limiting, or otherwise impairing: (1) properly managed recreational hunting and angling, or (2) the ability of any foreign jurisdiction or authority to authorize regulated programs supporting wildlife for local consumption and commercialization. Urges the President to work with foreign assistance donor countries to: (1) develop a comprehensive international conservation assistance strategy consistent with the United States International Conservation Strategy, (2) identify multilateral mechanisms to coordinate international action, and (3) agree on a timetable for achieving the goals of the United States International Conservation Strategy.
United States · United States Congress · 28 June 2012
Taxpayer Bill of Rights Act of 2012 - Amends the Internal Revenue Code to require the Secretary of the Treasury, in consultation with the National Taxpayer Advocate, to publish a summary statement of taxpayer rights and obligations. Authorizes the Secretary to make grants to develop, expand, or continue volunteer income tax assistance programs to assist low-income taxpayers. Allows tax preparation program grant recipients to use grant funds to provide services related to financial literacy, asset development, and the establishment of savings accounts. Increases the grant funding for low-income taxpayer clinics. Requires the Secretary to: (1) prescribe regulations for the regulation of tax return preparers not otherwise regulated and to regulate the conduct of enrolled agents in their practice before the Internal Revenue Service (IRS); (2) require the annual registration of refund delivery product facilitators; and (3) furnish to the public the identity of any person who is an enrolled agent, attorney, or certified public accountant on file with the IRS, who is a tax return preparer, or who is registered as a refund delivery product facilitator. Applies the penalty for understatements of taxpayer liability by tax return preparers to tax submissions other than tax returns or claims for refunds. Prohibits the Secretary from filing a notice of lien with respect to any taxpayer unless: (1) the lien attaches to distrainable property, (2) the Secretary determines that the benefit to the government of filing outweighs the harm to the taxpayer and that the filing will not jeopardize the taxpayer's ability to comply with the internal revenue laws and to continue to secure funding to maintain business operations, (3) the Secretary notifies the taxpayer that the Secretary has determined to file such notice, and (4) the taxpayer is afforded an opportunity to appeal that determination. Requires the Secretary to consider specified factors in making such determination, including the amount due, the value of the taxpayer's equity in or rights to property, the taxpayer's compliance history, and the effect of the lien filing on the taxpayer's ability to obtain financing, generate future income, and pay current and future tax liabilities. Prohibits persons licensed to practice before the Department of the Treasury from directly or indirectly offering or providing audit insurance. Authorizes the National Taxpayer Advocate to issue Taxpayer Advocate directives for granting relief to taxpayers. Expresses the sense of Congress that the IRS should take specified steps within two years to improve service to taxpayers. Authorizes the Secretary to: (1) award demonstration project grants to provide accounts in federally insured depository institutions to taxpayers who do not currently have an account with a financial institution; (2) study the feasibility of, and establish a pilot program on, delivering tax refunds on debit cards or other electronic means for taxpayers who do not have access to financial accounts or institutions; (3) identify legislative and administrative changes that would enable the IRS to receive and process information reporting documents before it processes tax returns; and (4) assess the effectiveness of collection alternatives, especially offers in compromise, on long-term tax compliance. Requires de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief.
United States · United States Congress · 25 June 2012
Declares that the Senate should observe a minute of silence to commemorate the 40th anniversary of the 1972 Munich Olympics terrorist attack and remember those who lost their lives. Urges the International Olympic Committee to: (1) take the opportunity afforded by that anniversary to remind the world that the Olympics were established to send a message of hope and peace through sport and athletic competition, and (2) recognize those who lost their lives at the 1972 Munich Olympics with a minute of silence at the 2012 Olympics Opening Ceremony in an effort to reject and repudiate terrorism as antithetical to the Olympic goal of peaceful competition.
United States · United States Congress · 20 June 2012
GAO Mandates Revision Act of 2012 - Modifies Government Accountability Office (GAO) audit requirements to require periodic rather than annual audits of: (1) transactions of the United States Capitol Preservation Commission, and (2) the Senate Preservation Fund. Eliminates GAO audit or review requirements for: (1) contributions to the Judicial Survivors' Annuities Fund, (2) programs and operations of the Office of National Drug Control Policy, (3) the demonstration program for referral of claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 to the Office of Special Counsel; (4) the program for issuing semipostals, (5) the earned import allowance program for imports of textiles, and (6) financial statements of the American Battle Monuments Commission.
United States · United States Congress · 20 June 2012
Celebrates the accomplishments of title IX of the Education Amendments of 1972, also known as the Patsy Takemoto Mink Equal Opportunity in Education Act, in increasing opportunities for women and girls in all facets of education. Reaffirms the Act's commitment to and continued importance in: (1) ending discrimination against women and girls in elementary, secondary, and higher education; and (2) providing them with equal opportunities in athletics.
United States · United States Congress · 12 June 2012
Comprehensive Contingency Contracting Reform Act of 2012 - Requires the President, in making any request for financing an overseas contingency operation (OCO), to include in such request a specific statement of the requested funds and a specific proposal to finance the amount requested. Designates the Director of the Office of Management and Budget (OMB) as the principal advisor to the President on financial matters in connection with OCOs. Sets forth the responsibilities of specified Inspectors General for OCOs and requires the appointment of a designated lead Inspector General for any OCO that exceeds 30 days. Establishes a standing committee, chaired by the lead Inspector General, to improve oversight of OCOs. Expands the responsibilities of Chief Acquisition Officers in federal agencies to include oversight of contracts and contracting activities for OCOs. Includes contracts for support of OCOs in the management structure of the Department of Defense (DOD), the Department of State, and the U.S. Agency for International Development (USAID). Requires the designation of at least one suspension and debarment official for each federal agency. Expands the bases for the suspension of contractors from contracting with the federal government. Requires the Secretary of DOD to prescribe in regulations the chain of authority and responsibility for policy, planning, and execution of contract support for OCOs. Requires the Chairman of the Joint Chiefs of Staff to provide annual assessments of the capability of OCOs to support current and anticipated wartime missions and to recommend resources required to improve and enhance support and planning for such operational contract support. Establishes: (1) within the Department of State the Office of Acquisition and Logistics to oversee DOD acquisition, procurement, and logistics management activities; and (2) within USAID the Office of Acquisition and Assistance to direct, manage, and oversee USAID acquisition and procurement activities. Requires the Secretary of State to: (1) conduct a quadrennial diplomacy and development review of U.S. diplomatic and overseas development strategy, with a view toward determining such U.S. strategy for the next 20 years; and (2) develop and administer a course for Department of State personnel on acquisition for Department of State support and participation in OCOs. Limits periods for OCO contracts to three years for competitively bid contracts and one year for non-competitively bid contracts. Requires agency heads to perform a comprehensive risk assessment and develop a risk mitigation plan for operational and political risks associated with contractor performance of critical functions of an OCO. Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged the federal government under government contracts to assist federal acquisition officials in monitoring developments in such prices and conducting pricing or cost analyses. Requires contractors and related entities to consent to personal jurisdiction for civil actions on overseas contracts valued at more than $5 million. End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States to work on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment. Requires the Secretaries of DOD and State and the Administrator of USAID to complete an assessment on the necessity and sustainability of a capital project for an OCO in a host country before appropriated amounts for such project may be obligated. Allows the termination of capital projects in progress that become unsustainable.
United States · United States Congress · 12 June 2012
Amends the Burmese Freedom and Democracy Act of 2003 to renew, for three years, the President's authority to ban the import of Burmese products. Approves the renewal of certain import restrictions contained in the Act. Deems this resolution a renewal resolution which shall take effect upon its enactment or July 26, 2012, whichever occurs first.