United States · United States Congress · 17 April 2013
Condemns the senseless attack in Boston, Massachusetts, on Monday, April 15, 2013. Honors the medical personnel, first responders, and citizen heroes who aided the injured and the community. Commits to providing all necessary resources to law enforcement officials who are investigating the terrorist attacks and to bringing those responsible to justice.
United States · United States Congress · 16 April 2013
Border Security, Economic Opportunity, and Immigration Modernization Act - States that passage of this Act recognizes that the primary tenets of its success depend on securing U.S. sovereignty and establishing a coherent and just system for integrating those who seek to join American society. Establishes a Southern Border Security Commission if the Department of Homeland Security (DHS) has not achieved effective control in all high-risk border sectors within five years after enactment of this Act. States that the Commission's primary responsibility shall be to make border security policy recommendations to the President, the Secretary of Homeland Security (Secretary), and Congress. Directs the Secretary to implement: (1) a Comprehensive Southern Border Security Strategy for achieving control between the ports of entry in all high-risk sectors along the Southern border, and (2) a Southern Border Fencing Strategy to identify where fencing and technology should be deployed along the Southern border. Establishes in the Treasury the Comprehensive Immigration Reform Trust Fund. Prohibits the Secretary from processing applications for registered provisional immigrant status (RPI), as established by this Act, until the Secretary has submitted to Congress the notice of commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy. Prohibits the Secretary from adjusting RPI aliens to lawful permanent resident status, with certain exceptions, until the Secretary certifies to the President and Congress that: (1) the Comprehensive Southern Border Security Strategy is substantially operational, (2) the Southern Border Fencing Strategy is substantially completed, (3) a mandatory employment verification system to be used by all employers to prevent unauthorized workers from obtaining U.S. employment has been implemented, and (4) an electronic exit system at air and sea ports of entry that operates by collecting machine-readable visa or passport information from air and vessel carriers is in use. Title I: Border Security - Directs the Secretary to increase the number of U.S. Customs and Border Protection (CBP) officers by 3,500 by September 30, 2017. Authorizes the governor of a state, with the approval of the Secretary of Defense (DOD), to order National Guard units or personnel to perform operations in the Southwest border region to assist CBP in securing the southern border. Directs DOD to provide material and logistical assistance as needed. Directs the Secretary to: (1) increase the number of border crossing prosecutions in the Tucson sector of the Southwest border region, (2) enhance border infrastructure, and (3) establish a two-year grant program to improve emergency communications in the Southwest border region. Directs the Federal Emergency Management Agency (FEMA) to enhance law enforcement and operational readiness along the U.S. borders through Operation Stonegarden. Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to provide CBP personnel with immediate access to federal lands in the Southwest border region in Arizona for security activities. Directs the Attorney General (DOJ) to reimburse state, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local offices of the United States Attorneys. Requires CBP to deploy additional mobile, video, and agent-portable surveillance systems, and unmanned aerial vehicles in the Southwest border region. Authorizes appropriations for the state criminal alien assistance program (SCAAP) through FY2015. Directs the Secretary to: (1) issue policies regarding the use of force by DHS personnel; and (2) provide appropriate training for CBP officers, U.S. Border Patrol officers, U.S. Immigration and Customs Enforcement agents, and agriculture specialists stationed within 100 miles of any U.S. land or marine border, or at any U.S. port of entry. Establishes the Department of Homeland Security Border Oversight Task Force. Title II: Immigrant Visas - Subtitle A: Registration and Adjustment of Registered Provisional Immigrants - Authorizes the Secretary, after conducting the required national security and law enforcement clearances, to grant RPI status to an alien unlawfully in the United States who: (1) meets specified eligibility requirements, (2) applies before the end of the application period, (3) has paid the required fee and penalty if applicable, and (4) has been physically present in the United States since December 31, 2011, and maintains such presence until RPI status has been granted. Sets forth bars to eligibility based upon criminal convictions, terrorist activity, and grounds for excludability. Provides derivative RPI status to the spouse or child of an RPI alien if the spouse or child is physically present in the United States: (1) on the date on which the RPI alien is granted such status and on or before December 30, 2012, and (2) meets specified eligibility requirements. Requires an alien applicant to satisfy federal tax liabilities and security and law enforcement clearances. Grants RPI status for an initial six-year period, which may be extended under specified conditions. Permits an RPI alien to work and travel outside the United States under specified conditions. Enumerates the grounds under which the Secretary may revoke RPI status. Prohibits an RPI alien from being removed unless such person was ineligible for RPI status or RPI status has been revoked. Makes an RPI alien ineligible for any federal means-tested benefit, and considers such person to be a noncitizen for certain other federal benefits. Authorizes an RPI alien to be issued a Social Security number. Authorizes the Secretary to adjust the status of an RPI alien to that of an alien lawfully admitted for permanent residence if such person meets specified eligibility requirements, including: (1) evidence of employment or full-time education, and (2) English language skills. Prohibits an RPI alien from applying for legal permanent resident status until the Secretary of State certifies that immigrant visas have become available for all approved petitions filed before the date of enactment of this Act. States that an RPI alien may only adjust status under the merit-based system provided for by this Act. States that a lawful permanent resident who was lawfully present in the United States and eligible for work authorization for not less than 10 years before becoming a lawful permanent resident may be naturalized in three years upon compliance with all requirements if such person, immediately preceding the date of filing a naturalization application, has: (1) been physically present in the United States for at least 50% of the three-year period preceding such filing date, and (2) resided for at least three months in the state or the jurisdiction of the U.S. Citizenship and Immigration Services field office in which the application was filed. Development, Relief, and Education for Alien Minors Act of 2013 or DREAM Act 2013 - Authorizes the Secretary to adjust the status of an RPI alien to that of a lawful permanent resident if the person demonstrates that he or she: (1) has been in RPI status for at least five years; (2) was younger than 16 years of age when such person entered the United States; (3) has earned a high school diploma or obtained a general education development certificate in the United States; (4) has acquired a degree from an institution of higher education or has completed at least two years in a program for a bachelor's or higher degree in the United States, or has served in the Uniformed Services for at least four years and, if discharged, received an honorable discharge; and (5) has provided a list of each secondary school attended in the United States. Prohibits the Secretary from adjusting the status of an RPI alien to lawful permanent resident status unless the person: (1) satisfies citizenship requirements, (2) submits appropriate biometric and biographic data, and (3) undergoes security and law enforcement background checks. Considers for naturalization purposes an RPI alien granted lawful permanent resident status to have been: (1) lawfully admitted for permanent residence, and (2) in the United States as an alien lawfully admitted for permanent residence during the period the alien was in RPI status. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence. Sets forth RPI program provisions regarding: (1) prohibited and required disclosures, (2) employer protections, (3) audits and information evaluation, (4) administrative review, (5) privacy and civil liberties, and (6) judicial review. Establishes a criminal penalty of up to $10,000 for a person who knowingly uses, publishes, or permits the improper use of RPI application information. Authorizes the Secretary to establish within U.S. Citizenship and Immigration Services a program to award grants to eligible nonprofit organizations to assist RPI applicants. Establishes a Commonwealth of the Northern Mariana Islands-only lawful permanent resident status for certain long-term Commonwealth legal residents. Authorizes such aliens to receive an immigrant visa or to adjust to lawful permanent (U.S.) resident status beginning five years after the date of enactment of this Act. Subtitle B: Agricultural Worker Program - Agricultural Worker Program Act of 2013 - Directs the Secretary to confer "blue card status" upon an alien who: (1) has performed specified periods of agricultural employment in the United States or is a qualifying alien's spouse or child, (2) applied for such status during the one-year application period (with a discretionary 18-month extension period), and (3) is not ineligible under the grounds applicable to RPI aliens. Prohibits the Secretary from granting blue card status to an alien (or dependent spouse or child) unless such person submits eligibility-related security and law enforcement biometric and biographic data. States that blue card status expires eight years after the date on which final blue card regulations are published. Permits a blue card alien to work and travel outside the United States under specified conditions. Enumerates the grounds under which the Secretary may revoke blue card status. Makes a blue card alien ineligible for any federal means-tested benefit. Authorizes the Secretary to adjust the status of an alien who has been granted blue card status to RPI status if the alien is unable to fulfill the agricultural service requirement. Directs the Secretary to adjust a blue card alien (and spouse and children) to permanent resident status if the alien has fulfilled specified periods of agricultural employment. Amends the Immigration and Nationality Act (INA) to create: (1) a W-3 nonimmigrant visa for an alien to perform agricultural services who has a written contract that specifies the wages, benefits, and working conditions of such full-time employment with a designated agricultural employer for a specified period of time; and (2) a W-4 nonimmigrant visa for an alien to perform agricultural services who has a full-time employment offer from a designated agricultural employer for such employment. Establishes the nonimmigrant agricultural (W-3 and W-4 visa) worker program. Sets forth employer and worker program provisions and requirements, including penalties for program violations and U.S. worker protections. Establishes a limit for the first five years of the program which may be adjusted annually based upon specified demand and economic factors. Bases subsequent year limitations upon specified demand and economic factors. Provides for a three-year period of admission, with one additional three-year extension without having to leave the United States. Provides for worker portability. Prohibits derivative status for the spouses and children of program aliens. Excludes W-3 and W-4 workers from need-based federal financial assistance programs. Establishes a cut-off date for petitioning for H-2A temporary agricultural workers that is one year after the effective date of the regulations implementing the agricultural worker program under this Act. Subtitle C: Future Immigration - Establishes a merit-based and points immigrant admissions system. Provides for: (1) 120,000 admissions per fiscal year, annual increases based upon specified conditions, and a maximum admissions cap of 250,000; (2) recapture of unused visas; and (3) lawful permanent resident status for such entrants. Provides that: (1) for the first four fiscal years the worldwide level of merit-based immigrant visas shall be available for skilled workers, professionals, and certain other workers; and (2) for subsequent fiscal years preference will be given to tier 1 and tier 2 aliens based upon a point allocation system. Awards tier 1 and tier 2 points to applicants for specified criteria, including: (1) education, (2) employment, (3) entrepreneurship, (4) high demand occupation, (5) English language, (6) age, (7) country of origin, and (8) family relationships. Provides that: (1) RPI aliens may begin accruing points no earlier than 10 years after enactment of this Act, and (2) aliens with a pending or approved petition in another immigrant category are ineligible for a merit-based immigrant visa. Makes specified employment- and family-based applicants and long-term workers eligible for merit-based immigrant visas beginning on October 1, 2014. Sets forth worldwide levels of employment- and family-based immigrants. Includes the spouse or minor child of a lawful permanent resident alien in the definition of "immediate family." Eliminates the per-country limit for employment-based immigrants and increases the per-country limit for family-based immigrants. Revises family-based immigrant visa allocations for: (1) unmarried sons and daughters of U.S. citizens, (2) married sons and daughters of U.S. citizens (and requires that they be under 31 years old at time of filing, and (3) unmarried sons and daughters of U.S. lawful permanent residents. Eliminates the visa category for brothers and sisters of U.S. citizens. Includes among immigrants not subject to numerical limitations aliens: (1) who are derivative beneficiaries of employment-based immigrants; (2) with extraordinary ability in the sciences, arts, education, business, or athletics; (3) who are outstanding professors and researchers; (4) who are multinational executives and managers; (5) who have earned a doctorate degree; (6) who are physicians with completed foreign residency requirements; and (7) who have earned a graduate degree in a field of science, technology, engineering, or mathematics (STEM field) from an accredited U.S. institution of higher education with an offer of U.S. employment. Increases visa allocations for: (1) certain special immigrants, (2) employment creation immigrants, and (3) skilled workers and professionals. Repeals the diversity immigrant program as of October 1, 2014. Permits aliens selected for FY2013 or FY2014 to retain program eligibility. Revises nonimmigrant V-visa (spouses and children of lawful permanent residents coming to the United States to wait for completion of the immigrant visa process) provisions. Makes fiances of lawful permanent residents eligible for a nonimmigrant K-visa (fiance or fiancee). Redefines "child" for purposes of titles I and II of INA to include a stepchild under 21 years old. Permits children under 18 years old to be adopted. Provides specified relief for orphans and spouses regarding: (1) petitions for immediate relative status, (2) parole eligibility, (3) naturalization, (4) processing of immigrant visas and derivative petitions, (5) waivers of inadmissibility, (6) surviving relative consideration for certain petitions and applications, and (7) immediate relative status. Authorizes an immigration judge, under specified conditions, to: (1) decline to order an alien removed, deported, or excluded; and (2) terminate such proceedings. Revises waiver of inadmissibility provisions, including: (1) waiving inadmissibility for certain persons who entered the United States before they were 16 years old who have earned a degree from a U.S. institution of higher education; (2) adding a three-year limit on immigration-related misrepresentations; and (3) waiving inadmissibility for false claims of U.S. citizenship by persons under 18 years old, or otherwise lacking mental competence. Extends the Iraqi special immigrant visa program and the Afghan special immigrant visa program. Requires application processing improvements. Makes the special immigrant non-minister religious worker and the EB-5 regional center programs permanent. Subtitle D: Conrad State 30 and Physician Access - Makes the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program permanent. Excludes from numerical immigration limitations alien physicians who have completed national interest waiver requirements by working in a health care shortage area (including alien physicians who completed such service before the date of enactment of this Act and their spouse and children). Sets forth specified employment protections and contract requirements for alien physicians working in underserved areas. Increases the number of alien physicians that a state may be allocated to 35 per fiscal year under specified circumstances. Provides for additional increases or decreases based upon demand. Provides up to three visa waivers per fiscal year per state for physicians in academic medical centers. Permits dual intent for an alien coming to the United States to receive graduate medical education or training, or to take examinations required for graduate medical education or training. Subtitle E: Integration - Renames the Office of Citizenship of DHS as the Office of Citizenship and New Americans. Authorizes the Office to make grants to states and local governments to assist them in integrating immigrants. Authorizes the Secretary, through U.S. Citizenship and Immigration Services, to: (1) establish the United States Citizenship Foundation to expand citizenship preparation programs; and (2) award initial entry, adjustment, and citizenship assistance grants to eligible nonprofit organizations for immigration integration programs. Waives, with respect to naturalization: (1) English language and civics requirements for persons over 65 years old who have lived in the United States for at least 5 years as lawful permanent residents, and (2) the English language requirement for persons over 60 years old who have lived in the United States for at least 10 years as lawful permanent residents. Title III: Interior Enforcement - Subtitle A: Employment Verification System - Prohibits an employer from: (1) hiring, recruiting, or referring for a fee an alien who is not authorized to work in the United States or failing to comply with E-Verify or document requirements; or (2) continuing to employ an unauthorized alien. Authorizes an employer to rely on a state employment agency's referral of an employee if the agency has certified that it has complied with document requirements. Provides a good faith defense for an employer who has complied with document and E-Verify requirements. Requires an employer to: (1) examine specified documents to verify an individual's identity and employment status and use an identity authentication mechanism once it becomes available, and (2) retain verification records for the later of three years after hiring or one year after termination. Requires an employee to provide an employer with such documents and attest that he or she is authorized to work in the United States. Sets forth employer penalties and civil rights protections. States that these provisions shall not be construed to authorize the establishment of a national identification card. Requires: (1) federal agencies and departments to participate in E-Verify 90 days after the date of enactment of this Act, (2) federal contractors to participate as provided for by a final rule, (3) employers with more than 5,000 employees to participate within two years after implementing regulations are published, (4) employers with more than 500 employees to participate within three years after implementing regulations are published, (5) agricultural laborers to participate four years after enactment of the Legal Workforce Act, (6) tribal employers to participate within five years after implementing regulations are published, and (7) all other employers to participate within four years after implementing regulations are published. Provides that one year after implementing regulations are published the Secretary may authorize or direct critical infrastructure employers to participate in E-Verify. States that failure to participate in E-Verify shall constitute a civil violation. Sets forth E-Verify program provisions. Requires that within five years all Social Security cards issued shall be fraud-, tamper-, wear-, and identity theft-resistant. Makes specified forms of Social Security fraud punishable by fine, up to five years' imprisonment, or both. Amends the Social Security Act to direct the Commissioner of Social Security (SSA) establish a secure method to check specified employee data against SSA data in order to confirm identity and employment eligibility. Makes it an unfair immigration-related employment practice for a person, entity, or employment agency to discriminate based upon an individual's national origin or citizenship status with respect to hiring, firing, or verifying employment eligibility. Subtitle B: Protecting United States Workers - Expands the U-visa (crime victims) category to include aliens who have suffered substantial physical or mental abuse or harm, or who would suffer extreme hardship upon removal, as a result of having been a victim of the following covered violations: (1) certain workplace abuses, (2) slavery or trafficking in persons, or (3) deprivation of due process or constitutional rights. Provides specified protections for aliens arrested or detained as part of a workplace enforcement action at a facility about which a workplace claim has been filed, including non-removal until interviewed by DHS. Authorizes a U-visa applicant to work in the United States. Limits the disclosure of information provided by alien victims of certain crimes. Subtitle C: Other Provisions - Establishes in the Treasury the Interior Enforcement Account. Directs the Secretary, by December 31, 2015, to establish a mandatory exit data system that shall include the collection of data from machine-readable visas, passports, and other travel and entry documents for all aliens who are exiting the United States from air and sea ports of entry. Directs the Secretary to implement an interoperable electronic data system to access database information from federal law enforcement agencies and the intelligence community for purposes of visa issuance or admissibility or deportability. Requires an appropriate official of each commercial aircraft or vessel departing from the United States to any port or place outside the United States to ensure transmission to CBP of identity-theft resistant departure manifest information covering alien passengers, crew, and non-crew. Prohibits federal law enforcement officers, in making routine law enforcement decisions (such as ordinary traffic stops), from using race or ethnicity to any degree, except that officers may rely on race and ethnicity if a specific suspect description exists. Subtitle D: Asylum and Refugee Provisions - Eliminates the one-year time limit for filing an asylum claim. Permits, and sets forth the requirements for, reopening a claim that was denied because of failure to file within one year. Authorizes the spouse or child of a refugee or asylee to bring his or her accompanying or joining child into the United States as a refugee or asylee. Authorizes the President to designate refugee groups. Authorizes: (1) the Secretary to designate specific groups of individuals as stateless persons, (2) the Secretary or the Attorney General to provide conditional lawful status to a qualifying stateless person who is otherwise inadmissible or deportable, and (3) the Secretary or the Attorney General to adjust such person to lawful permanent resident status after one year in conditional lawful status. Sets forth protections for stateless persons in the United States, including work and travel authorizations. Increases the number of annual U-visas, with a set-aside for victims of a covered violation. Subtitle E: Shortage of Immigration Court Resources for Removal Proceedings - Directs the Attorney General to: (1) increase the number of immigration court judges and Immigration Board of Appeals staff attorneys in each of FY2014-FY2016; (2) appoint counsel in certain removal proceedings involving an unaccompanied child, an individual with a serious mental disability, or a particularly vulnerable individual; and (3) establish within the Executive Office for Immigration Review an Office of Legal Access Programs to develop programs to make immigration proceedings more efficient by educating aliens regarding administrative procedures and legal rights. Requires the Board of Immigration Appeals to review decisions of immigration judges. Subtitle F: Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad - Requires any person who engages in foreign labor contracting to disclose in writing in English and in the primary language of the worker being recruited specified information, including the identity of the employer and the recruiter, worker protections, and a signed copy of the work contract. Requires a foreign labor contractor to register with the Secretary of Labor. Sets forth registration requirements. Prohibits certain recruitment fees. Prohibits any person who engages in foreign labor contracting from discriminating in hiring based upon race, color, creed, sex, national origin, religion, age, or disability. Directs the Secretary of Labor to: (1) maintain a list of all foreign labor contractors registered and a list of all foreign labor contractors whose registration has been revoked; and (2) establish a process for receipt, investigation, and disposition of complaints. Sets forth administrative and civil action enforcement provisions. Subtitle G: Interior Enforcement - Makes an alien who has been convicted of an offense for which an element was active and knowing participation in a criminal street gang inadmissible and deportable. Makes an alien inadmissible who is physically outside the United States and since the age of 18 knowingly and willingly participated in a criminal street gang. Makes an alien who is at least 18 years old ineligible for RPI status for such criminal street gang activities. Makes an alien who has been convicted three or more times for driving under the influence or driving while intoxicated inadmissible and deportable. Revises criminal penalty and related affirmative defense provisions regarding illegal entry and reentry. Increases: (1) monetary penalties for owners and operators of vessels and aircraft regarding stowaways and execution of removal orders; and (2) criminal penalties for passport and immigration fraud, including penalties for a passport crime committed to facilitate international terrorism or drug trafficking. Authorizes the Attorney General to commence a civil action to enjoin any fraudulent immigration service provider from continuing to provide services that substantially interfere with the administration of the immigration laws or from continuing to willfully misrepresent such provider's legal authority to provide representation. Makes an alien who is convicted of a passport or visa violation under the federal criminal code inadmissible and removable. Makes certain aliens inadmissible who: (1) refuse to comply with a lawful request for biometric information; (2) have been convicted of a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment; or (3) are in violation of a domestic protection order by engaging in conduct that constitutes criminal contempt of such order. Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring five or more persons unlawfully into the United States. Establishes: (1) monetary and/or prison penalties for such actions; and (2) increased penalties for such actions that result in death or serious bodily injury or that place a life in jeopardy or involve bribery of a government official, robbery, or sexual abuse. Makes it a crime to: (1) transmit to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to U.S. immigration; and (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry. Prohibits the carrying or use of a firearm in an alien smuggling crime. Directs the Secretary to establish secure alternatives programs with community-based organizations to ensure appearances at immigration proceedings and public safety. Prohibits a U.S. national from renouncing his or her citizenship during wartime. Authorizes the Secretary to use secure alternatives programs to maintain custody over detained aliens, except for terrorist aliens. Sets forth oversight and related provisions for detention facilities. Directs the Secretary of State, upon notification from the Secretary, to prohibit visas to be granted to persons of a country whose government denies or unreasonably delays accepting their citizens, subjects, nationals, or residents back. Makes inadmissible an alien who has committed acts of torture, extrajudicial killings, war crimes, or systematic attacks on civilians. Title IV: Reforms to Nonimmigrant Visa Programs - Subtitle A: Employment-based Nonimmigrant Visas - Establishes: (1) an H-1B visa (specialty occupation) cap of 110,000 for the fiscal year after the date of enactment of this Act; and (2) a market and unemployment based adjustment mechanism that increases or reduces the annual cap by not more than 10,000, with a minimum floor of 110,000 and a maximum ceiling of 180,000. Limits the exemption from H-1B numerical limitations to STEM occupations and increases the annual STEM allocation to 25,000. Authorizes an H-1B spouse to work if he or she is the national of a country that permits reciprocal employment. Provides deference to prior H-1B or L-visa (intra-company transferee) adjudications involving the same employer and nonimmigrant absent material error, changed circumstances, or new information adversely affecting eligibility. Provides a 60-day lawful status period for an H-1B nonimmigrant whose employment is terminated. Authorizes visa revalidation within the United States for specified nonimmigrant visa categories. Establishes: (1) in the Treasury the STEM Education and Training Account, and (2) a low-income STEM scholarship program. Subtitle B: H-1B Visa Fraud and Abuse Protections - Revises H-1B requirements for employer applications and application reviews. Revises provisions regarding nonimmigrant nurses (H-1C visa) in health professional shortage areas to: (1) permit a one-time three-year extension of admission, (2) reduce the maximum number of such visas per fiscal year to 300, and (3) authorize such nonimmigrants to accept new employment as a registered nurse at any H-1C-qualifying facility. Revises provisions regarding complaints against H-1B employers, including: (1) extending the statute of limitations on complaint investigations, (2) increasing fines for specified violations, (3) enhancing whistle-blower protections, and (4) authorizing the Department of Labor to initiate investigations. Directs the Secretary of Labor to establish an H-1B recruitment website. Establishes: (1) specified filing fees for H-1B-dependent employers, and (2) a fee for premium processing of employment-based immigrant petitions. Subtitle C: L Visa Fraud and Abuse Protections - Authorizes and enumerates the requirements for: (1) outplacement of L-visa nonimmigrants, and (2) 12-month approvals of new office L-visa petitions. Prohibits employers with 50 or more employees in the United States from hiring new or additional H-1B or L-visa workers if their workforce comprises more than 75% H-1B or L-visa workers in FY2015, 65% in FY2016, and 50% H-1B and L-visa workers in FY2017 and thereafter. (Excludes nonprofit institutions of higher education or nonprofit research organizations from such limitation.) Sets forth filing fee provisions. Authorizes the Secretary to initiate complaints against L-visa employers. Sets forth related penalty provisions. Directs the Inspector General of DHS to report to Congress regarding the use of L-visa blanket petitions. Subtitle D: Other Nonimmigrant Visas - Authorizes dual intent for F-1 visa foreign students (and dependents), including students who commute from Canada or Mexico to study in the United States. Establishes additional accreditation requirements for colleges, universities, and language schools. Revises the nonimmigrant E-visa (treaty trader) category to: (1) include aliens seeking to enter the United States pursuant to a bilateral investment treaty or a free trade agreement; (2) establish an E-4 visa for specialty occupation workers (other than from Chile, Singapore, or Australia) to enter the United States pursuant to a free trade agreement; and (3) establish an E-5 visa for specialty occupation workers who are nationals of the Republic of Korea (South Korea). Limits E-4 entrants to 5,000 per fiscal year per country. Includes in the nonimmigrant E-3 visa category certain nationals of Ireland coming to the United States under a treaty of commerce to perform specialty occupation services. Extends portability to certain nonimmigrant O-1 visa holders (extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the motion picture or television industry). Eliminates the 12-month attendance limit for elementary and secondary foreign students. Subtitle E: Jobs Originated through Launching Travel Act of 2013 or the JOLT Act of 2013 - Directs the Secretary of State to establish a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the Secretary to admit into the United States a qualifying Canadian citizen over 55 years old and spouse for a period not to exceed 240 days if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Establishes a nonimmigrant Y-visa for: (1) an alien who invests (and maintains) at least $500,000 in U.S. residential real estate, of which at least $250,000 must be for a U.S. primary residence where such person will reside for more than 180 days per year; and (2) such alien's accompanying spouse and children. Makes such visa renewable every three years. Requires a Y-visa alien to: (1) be at least 55 years old, (2) have purchased a qualifying residence, (3) not need public assistance, and (4) live in the United States for more than 180 days per year. Directs the Secretary to make publicly available each month data for the previous two years regarding visa appointment availability for each visa processing post to allow applicants to identify periods of low demand. Revises the visa waiver program to: (1) authorize the Secretary to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. Authorizes the Secretary to expand registered traveler programs to include individuals who meet security requirements and are employed and sponsored by an international organization which maintains a strong working relationship with the United States. Prohibits enrollment of an individual who is a citizen of a state sponsor of terror. Directs the Secretary of State to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; and (2) explore expanding visa processing capacity in China and Brazil. Subtitle F: Reforms to the H-2B Visa Program - Exempts returning workers from the nonimmigrant H-2B visa (temporary nonagricultural services) annual numerical limitations through FY2018. Includes ski instructors in the nonimmigrant P-visa (athletes, artists, and entertainers). Requires H-2B employers to: (1) attest that they will not displace a U.S. worker in the same metropolitan statistical area where the H-2B worker will be hired within the period beginning 90 days before the start date and ending on the end date of the H-2B employment, (2) pay certain H-2B worker transportation costs, and (3) pay a $500 labor certification application fee. Authorizes the nonimmigrant admission of: (1) multinational executives and managers for up to 90 days to oversee U.S. operations of their related companies, (2) multinational company employees for up to 180 days to participate in leadership and development activities, and (3) certain relief workers for up to 90 days in response to a federal or state declared disaster. Prohibits the receipt of U.S.-sourced salaries for such activities. Establishes a nonimmigrant Z-visa for certain aliens coming to the United States for up to 90 days to perform health and safety-related maintenance or repairs for common carriers on equipment or machinery manufactured outside of the United States. Subtitle G: W Nonimmigrant Visas - Establishes the Bureau of Immigration and Labor Market Research which shall: (1) devise a methodology to determine the annual change to the W-visa nonimmigrant cap and use such methodology to set such caps, (2) supplement W-visa recruitment methods, (3) conduct a survey every three months of construction worker unemployment, (4) devise a methodology to designate shortage occupations by job zone, and (5) report to Congress on employment-based and immigrant and nonimmigrant visa programs. Establishes: (1) a nonimmigrant W-1 visa for an alien having a foreign residence who is coming to the United States to perform services or labor for a registered employer in a registered position, and (2) a nonimmigrant W-2 visa for the accompanying or joining spouse or children of such alien. Requires such alien to be certified abroad by the Secretary of State as eligible for a W-visa. Provides that: (1) a certified alien may be granted W-visa status for an initial three-year period, with additional three-year extensions which may be made while in the United States; and (2) a W-visa nonimmigrant must leave the United States if unemployed for more than 60 consecutive days. Sets forth employer registration and related provisions. Subtitle H: Investing in New Venture, Entrepreneurial Startups, and Technologies - Establishes a nonimmigrant X-visa for a qualified entrepreneur: (1) who has secured at least $100,000 in investments from an accredited investor, venture capitalist, or government entity for such alien's U.S. business; or (2) whose U.S. business has created at least three qualified jobs during the previous two years and has generated at least $250,000 in annual revenue in the United States. Provides for an initial three-year period of authorized admission, with three-year extensions based upon job creation, investment, or revenue and up to two one-year extensions based upon performance waivers. Establishes an immigrant investor visa (capped at 10,000 per year) for qualifying entrepreneur aliens (including aliens with advanced STEM degrees) living in the United States whose U.S. business has met specified job creation, revenue, and/or venture capital or investment requirements.
United States · United States Congress · 16 April 2013
Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or would be entitled to such pay, except for being under 60 years of age. Prohibits recoupment by the Secretary of Defense (DOD) of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
United States · United States Congress · 15 April 2013
Tax Parity for Health Plan Beneficiaries Act of 2013 - Amends the Internal Revenue Code to: (1) exclude from an employee's gross income employer-provided accident and health plan benefits extended to a domestic partner or non-dependent, non-spouse beneficiary eligible to receive such benefits under an employer plan (i.e., "eligible beneficiary"); (2) exempt such benefits paid to eligible beneficiaries from otherwise applicable employment and unemployment taxes; (3) allow self-employed individuals a tax deduction for the health insurance costs of their eligible beneficiaries; (4) allow tax-exempt voluntary employees' beneficiary associations to provide sick and accident benefits to the domestic partners and non-dependent, non-spouse beneficiaries of their members; (5) allow reimbursement of the medical expenses of an eligible beneficiary from a health savings account (HSA); and (6) extend tax-exempt medical benefits to the eligible beneficiaries of retired employees Directs the Secretary of the Treasury to provide guidance relating to reimbursements from a flexible spending arrangement and a health reimbursement arrangement attributable to an eligible beneficiary as defined by this Act.
United States · United States Congress · 15 April 2013
Huntington's Disease Parity Act of 2013 - Directs the Commissioner of Social Security, for purposes of determining cognitive, behavioral, and physical disability under titles II (Old Age, Survivors, and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA), to amend specified Listings of Impairments by providing medical and evaluation criteria for Huntington's Disease. Amends SSA title II to waive the 24-month waiting period for coverage under the Medicare program for individuals diagnosed with Huntington's Disease.
United States · United States Congress · 15 April 2013
Expresses the sense of the Senate that the Food and Drug Administration (FDA) should exercise its acknowledged authority to: (1) refuse to approve generic versions of non-abuse-deterrent opioid products that have been replaced in the market with abuse-deterrent formulations recognized by FDA as effective, and (2) require generic versions of abuse-deterrent opioid products to be formulated with comparable abuse-deterrent features.
United States · United States Congress · 11 April 2013
Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2013 - Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases, (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases, (3) ensure interagency coordination and communication with constituency groups, (4) ensure that a broad spectrum of scientific viewpoints are represented in public health policy decisions and that information disseminated to the public and physicians is balanced, and (5) advise relevant federal agencies on priorities related to Lyme and other tick-borne diseases. Directs the Committee to regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide variety of views. Requires the Secretary, acting as appropriate through various federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available, (3) surveillance and reporting of Lyme and other tick-borne diseases, (4) providing and promoting access to a clearinghouse of information on such diseases, (5) increasing public education related to such diseases, (6) creating a physician education program to educate health professionals on the latest research and diversity of treatment options for Lyme disease, (7) establishing epidemiological research objectives, and (8) determining the effectiveness of different treatment modalities.
United States · United States Congress · 11 April 2013
Health Outcomes, Planning, and Education for Alzheimer's Act - Amends title XVIII (Medicare) of the Social Security Act to provide for comprehensive Alzheimer's disease diagnosis and services.
United States · United States Congress · 10 April 2013
Safe Chemicals Act of 2013 - Amends the Toxic Substances Control Act (TSCA) to state that it is the policy of the United States to: (1) protect the health of children, workers, consumers, and the public and to protect the environment from harmful exposures to chemical substances; (2) promote the use of safer alternatives and other actions that reduce the use of and exposure to hazardous chemical substances and reward innovation toward safer chemicals, processes, and products; (3) require that chemicals in commerce meet a risk-based safety standard that protects vulnerable and affected populations and the environment; (4) require companies to provide sufficient health and environmental information for the chemical substances that the companies manufacture, process, or import as a condition of allowing those companies to distribute chemical substances in commerce; (5) improve the quality of information on chemical safety and use; (6) guarantee the right of the public and workers to know about the hazards and uses of chemical substances that they may be exposed to by maximizing public access to information on chemical safety and use; and (7) strengthen cooperation among the federal, state, municipal, tribal, and foreign governments. Declares that it is the goal of the United States to address the harmful exposure of vulnerable or affected populations caused by the distribution of chemical substances in commerce by: (1) reviewing all chemical substances for safety and identifying the highest priority substances for expedited review, (2) determining whether chemical substances in commerce meet the safety standard under TSCA, (3) applying appropriate restrictions to the use of a chemical substance, and (4) encouraging the replacement of harmful chemicals and processes with safer alternatives. Adds and revises definitions under TSCA. Authorizes the Administrator of the Environmental Protection Agency (EPA) to determine that a variant of a chemical substance is a new chemical substance. Redefines "distribute in commerce" to include exporting a chemical substance, mixture, or article. Defines “toxic” as a chemical substance or mixture that has a toxicological property: (1) meeting the criteria for Category 1or Category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances, (2) that causes an adverse effect that has been demonstrated in humans or other exposed organisms, or (3) for which the weight of evidence demonstrates the potential for an adverse effect in humans or other exposed organisms. Defines "toxicological property" to mean actual or potential toxicity or other adverse effects of a chemical substance or mixture, including effects of exposure on: (1) mortality; (2) morbidity, including carcinogenesis; (3) reproduction; (4) growth and development; (5) the immune system; (6) the endocrine system; (7) the brain or nervous system; (8) other organ systems; or (9) any other biological functions in humans or nonhuman organisms. Directs the Administrator to promulgate a rule that: (1) establishes minimum information sets to evaluate chemical substances; (2) provides for varied or tiered information to be provided for different chemical substances; (3) identifies the particular set that applies to a chemical substance; (4) requires each set to include sufficient information to conduct a screening-level risk assessment of the chemical substance; (5) specifies information quality and reliability requirements applicable to the information submitted; (6) accommodates the use of alternative testing methods and strategies to generate information quickly, at low cost, and with reduced use of animal-based testing to the extent such methods and strategies would yield information of equivalent quality and reliability; and (7) establishes sets sufficient to carry out categorization of new and existing chemical substances, assignment of chemical substances to priority classes, and safety standard determinations. Requires chemical manufacturers and processors to submit and update their minimum information sets. Authorizes the Administrator to: (1) require by rule or order the testing of, and the submission of test results for, any chemical substance; (2) require submission of a sample of any chemical substance for testing by a specified date; and (3) impose restrictions on violators of testing requirements, including a prohibition against manufacturing, processing, or distributing chemical substances. Requires such rule or order to: (1) include standards for the development of test information for a substance, and (2) specify testing deadlines. Authorizes the Administrator to prescribe standards for the development of test information for health and environmental information. Requires the Administrator to review such standards at least once every three years and make revisions if necessary. Requires any rule or order that requires the testing and submission of information for a particular chemical substance or for a category of chemical substances to expire by the end of the applicable reimbursement period. Sets forth exemptions to such testing requirements. Requires the Administrator, within 15 days after the receipt of test information pursuant to such rule or order, to publish a notice that: (1) identifies the chemical substance for which information has been received, (2) lists the uses of such substance and the information required by the applicable standards for the development of test information, and (3) describes the nature of such information developed. Requires each person who submits information under TSCA, rule, or order to certify that such information is accurate and reliable and includes all material facts. Prohibits a person from commercially manufacturing a new substance or processing a substance for a new use unless the person submits to the Administrator a notice of the intention to manufacture or process such substance and complies with data submission requirements, and the Administrator finds that: (1) the chemical substance is likely to meet the applicable safety standard under TSCA; or (2) the person has established that such use is in the paramount interest of national security, that the lack of availability of such substance would cause significant disruption in the national economy, and that such use is a critical or essential use for which no feasible safer alternative is available or that such use, as compared to alternatives, provides a substantial net benefit to human health, the environment, or public safety. Requires the Administrator to promulgate a rule that: (1) designates the categories for substances of very high concern, substances likely to meet the safety standard, substances with insufficient information, and substances unlikely to meet the safety standard; (2) specifies the process and criteria the Administrator will use to categorize new chemical substances; and (3) describes criteria and factors the Administrator will use to assess the weight of evidence and the quality and reliability of information used to inform categorization decisions. Requires the Administrator to assign a new chemical substance to one of such categories within 90 days after receiving such notice. Requires the Administrator to designate as a "substance of very high concern" any new substance that: (1) is toxic, persists in the environment, and is bioaccumulative; or (2) is highly hazardous. Prohibits manufacturing or processing such substance unless notice has been submitted pursuant to TSCA and the criteria for a substance of very high concern has been met. Requires the Administrator to designate as a "substance likely to meet the safety standard" any new chemical substance that the Administrator determines would likely meet the safety standard under TSCA: (1) for uses and under conditions specified by the submitter of such notice for such substance, and (2) for uses and under additional conditions that could be specified by the Administrator in making a safety standard determination for such substance. Requires the Administrator to assign to such category any new chemical substance that meets the criteria specified for "substances of very low concern" and "substances to undergo safety standard determinations." Authorizes a chemical substance designated as a "substance likely to meet the safety standard" to be manufactured or processed under specified conditions, pending the completion of a safety standard determination. Requires the Administrator to designate as a "substance with insufficient information" any new chemical substance for which the Administrator concludes that needed information for such substance is not available, is insufficient, or is not of sufficient quality and reliability to allow for an informed categorization decision. Prohibits any person from manufacturing or processing a chemical substance designated under this category until the Administrator has recategorized the substance. Requires the Administrator to designate as a "substance unlikely to meet the safety standard" any new chemical substance that the Administrator determines would be unlikely to meet such standard: (1) for uses and under conditions specified by the submitter of a notice of the intention to manufacture or process the substance, or (2) for other uses or under additional conditions that the Administrator may evaluate in making a safety standard determination for the substance. Prohibits the manufacture and process of such substances. Prohibits, subject to an exemption, any person from manufacturing or processing an existing chemical substance for which the Administrator has not made a safety standard determination for a use that was not ongoing prior to this Act's enactment or at a volume that is significantly increased from the volume as of this Act's enactment. Prohibits manufacturing, processing, distributing in commerce, using, or disposing of an existing chemical that has met the applicable safety standard for uses at production volumes or in manners other than those specified in the safety determination, unless: (1) notice is made of the intention to manufacture and process such chemical; and (2) the Administrator determines that the person submitting such notice will continue to meet such standard. Sets forth provisions concerning amending safety standards and safety standard determinations. Requires the Administrator to determine that a variant of a chemical substance exhibiting special substance characteristics: (1) is a use that is separate from any use of the substance that does not exhibit such characteristics, or (2) is a distinct substance. Requires manufacturers or processors of: (1) a variant that the Administrator determines has a separate use, to satisfy conditions established by the Administrator; and (2) a distinct chemical substance that is not listed in the active inventory of chemical substances manufactured or processed published by the Administrator, to comply with requirements for new chemicals. Authorizes the Administrator to exempt from requirements for new chemicals and new uses of chemicals an intrinsically safe chemical substance that does not and would not pose any risk of injury to human health or the environment under any intended or reasonably anticipated levels of production, patterns of use, or exposures arising at any stage across the lifecycle of such substance. Authorizes the Administrator to order a manufacturer or processor to revise quality control procedures that are inadequate to prevent a chemical substance from presenting a risk of injury to human health or the environment. Sets forth provisions concerning notice requirements for polymeric chemical substances. Authorizes the Administrator to permit a person to manufacture or process of a chemical substance for test marketing purposes: (1) upon a showing that the manufacture, processing, distribution in commerce, use, and disposal of such substance will not endanger human health or the environment; and (2) under such restrictions as the Administrator considers appropriate. Requires the Administrator to provide fair and equitable reimbursement for the costs incurred to comply with information submission requirements for a chemical substance when information has already been submitted for an equivalent substance. Sets forth exemptions from notice and data submission requirements for chemical substances that are manufactured and processed in small quantities solely for the purpose of: (1) scientific experimentation or analysis; or (2) chemical research on, or analysis of, substances. Authorizes the Administrator to exempt from notice and data submission requirements the manufacturing or processing of any chemical substance: (1) that exists temporarily as a result of a chemical reaction in the manufacturing or processing of a mixture or another substance; and (2) to which there is, and will be, no human or environmental exposure. Requires that each submission of information required under TSCA be accompanied by a certification of the accuracy, reliability, and inclusion of all material facts of such submission. Repeals provisions prohibiting federal agencies from selling, distributing, or transferring elemental mercury. Requires the Administrator to: (1) establish a system for assigning chemical substances into batches to ensure that an efficient and orderly process and pace are established for the determination of safety of chemical substances in commerce and the application of risk management measures as needed, (2) assign chemical substances on the active portion of the inventory to batches of chemical substances at least once every five years until all such substances have been so assigned, and (3) publish the list of substances assigned to each batch. Requires the initial batch to include substances for which reports are submitted to the Administrator under the chemical data reporting rule as of this Act’s enactment. Authorizes the Administrator to: (1) include in such batch substances that are manufactured at volumes below the threshold for substances subject to basic reporting under such rule but that are used or released into the environment in a manner that warrants early evaluation by the Administrator; and (2) exclude from such batch substances that are reported under such rule but that are used or released into the environment in a manner that does not warrant early evaluation. Requires the Administrator to assign chemical substances to subsequent batches in a manner that reflects the extent to which the substances warrant earlier or later evaluation. Requires the Administrator to promulgate regulations that: (1) establish the categories and specify the process and criteria the Administrator will use to categorize chemical substances; (2) designate the process and criteria the Administrator will use to prioritize substances that are placed in the category of chemical substances to undergo safety standard determinations; (3) describe how the categorization and prioritization process and criteria relate to and take into account the categorization and prioritization decisions made in other jurisdictions, including states and foreign governments; (4) describe criteria and factors the Administrator will use to weigh evidence and assess the quality and reliability of information used to inform categorization and prioritization decisions; (5) incorporate and establish criteria for substances of very high concern, substances of very low concern, substances to undergo safety standard determinations, and substances with insufficient information; and (6) establish specified priority classes and criteria. Prohibits a chemical substance from being simultaneously in more than one the following categories: substances of very high concern, substances likely to meet the safety standard, substances with insufficient information, and substances unlikely to meet the safety standard. Requires the Administrator to publish: (1) such category assignments for chemical substances in the initial and subsequent batches, and (2) the priority class assignments for the chemical substances in the initial batch of chemical substances that the Administrator has assigned to the category of "substances to undergo safety standard determinations and for the substances in subsequent batches that the Administrator has assigned to the category of "chemical substances to undergo safety standard determinations." Requires the Administrator to designate as "Priority Class 1" those chemical substances that the Administrator determines warrant safety standard determinations in the near term. Requires the Administrator to initially assign as "Priority Class 1" substances that possess relatively greater hazard potential and for which there is evidence of more significant or widespread exposure. Authorizes the Administrator to designate as "Priority Class 1" any substance initially assigned to a lower priority class as safety determinations for the substance are completed. Directs the Administrator to: (1) designate as "Priority Class 2" those chemical substances that the Administrator determines are of lower priority than Priority Class 1 substances with respect to the timing for conducting safety standard determinations, and (2) require submission of the applicable minimum information set within five years of this Act’s enactment and within five years after the assignment of a substance to such priority. Requires the Administrator to designate as "Priority Class 3" those chemical substances that the Administrator determines may be set aside for further assessment until such time as: (1) safety stand determinations are completed on all Priority Class 1and 2 substances, and (2) new information arises that warrants reprioritization of such substance to a higher priority class. Prohibits the Administrator from requiring submission of the applicable minimum information set for a substance designated under such class until such time as the substance is reassigned to Priority Class 1 or 2. Sets forth provisions concerning reprioritizing chemical substances. Requires chemical substance manufacturers and processors to: (1) bear the burden of proving that chemical substances meet applicable safety standards, and (2) provide sufficient information for the Administrator to determine whether such standards have been met. Allows a chemical substance that undergoes a safety standard determination to be manufactured, processed, or distributed in commerce only if the Administrator determines that the chemical substance: (1) meets the safety standard, or (2) can meet the safety standard for uses through the imposition of additional conditions. Requires the Administrator to base a determination of whether such standard has been met solely on considerations of human health and the environment. Prohibits the Administrator from being required to conduct a risk assessment to determine that a manufacturer or processor has not met the burden of proof. Prohibits a determination by the Administer that a manufacturer or processor has not established that the chemical substance meets the applicable safety standard from being subject to judicial review. Requires the Administrator to: (1) conduct safety standard determinations of all chemical substances assigned to the category of "substances to undergo safety standard determinations," beginning with substances initially designated as Priority Class 1; (2) complete and publish such determinations for all substances designated as Priority Class 1 in the initial batch within five years of this Act’s enactment; (3) complete and publish such determinations for all substances designated as Priority Class 1 in subsequent batches within five years of the designation of a substance as Priority Class 1; and (4) complete and publish such determinations for Priority Class 2 or 3 substances that have been reprioritized as Priority Class 1 within five years after such reprioritization. Requires the Administrator, in making such determinations, to determine whether the manufacturers and processors of a chemical substance have established that the substance meets the safety standard. Requires the Administrator to seek to publish such determinations and risk management decisions concurrently. Prohibits the Administrator from unduly delaying the issuance of any safety standard determination if more information or analysis is required to make a determination regarding risk management. Requires the Administrator to publish completed determinations no less frequently than annually and at a pace sufficient to demonstrate steady progress toward completing all such determinations within the required time frame. Prohibits manufacturing, processing, or distributing substances subject to such determinations for any use or under any condition other than those specified in such orders within specified periods. Authorizes the Administrator to grant an extension of such deadline if the manufacturer or processor demonstrates: (1) a compelling technological need to continue a restricted activity beyond such period, and (2) that a factor wholly beyond the control of the manufacturer or processor prevents compliance with such restriction within such period. Sets forth provisions concerning: (1) initiating a redetermination of whether a substance meets such standards, and (2) petitions for redeterminations. Authorizes the Administrator, after a chemical substance has been assigned to the category of substances of very high concern, to require the submission of additional information that is necessary to conduct an expedited assessment of the known uses of, and exposures to, such substance. Requires the Administrator to complete and publish an identification and assessment of the known uses, and exposures to, a substance within a year of the date on which a substance is assigned to such category. Requires the Administrator to impose use restrictions and other conditions within 18 months on the manufacturing, processing, use, distribution, and disposal of such substance that are necessary to achieve the maximum practicable reduction in human or environmental exposure to the chemical. Prohibits manufacturing, processing, or distributing substances subject to such determinations for any use or under any condition other than those specified in such orders. Authorizes the Administrator to: (1) require that the manufacturer or processor submit a description of the quality control procedures followed in such manufacturing or processing of a chemical substance if the Administrator has a reasonable basis to conclude that the substance is being manufactured or processed in a manner that may present a substantial endangerment to health or the environment, (2) order the manufacturer or processor to revise such procedures to remedy such inadequacy, and (3) order the manufacturer or processor to give notice when such procedures have resulted in the distribution of a substance that may present a substantial endangerment to human health or the environment and provide for the replacement or repurchase of such substance. Sets forth provisions concerning exemptions from restrictions on manufacturing a new chemical substance and substances of very high concern and safety standard determination requirements. Prohibits an agency from conveying, selling, or distributing any elemental mercury, other than mercury contained within an article containing a chemical substance, under the agency's control or jurisdiction. Exempts from such prohibition: (1) a transfer between federal agencies of elemental mercury for the sole purpose of facilitating storage of mercury to carry out such Act; or (2) a conveyance, sale, distribution, or transfer of coal. Requires the Administrator to: (1) designate asbestos as a chemical substance of very high concern; (2) complete and publish an identification and assessment of the known uses of, and exposures to, asbestos; (3) impose, by order, use restrictions and other conditions on the manufacturing, processing, use, distribution in commerce, and disposal of asbestos to achieve the maximum practicable reduction in human or environmental exposure to asbestos; and (4) select conditions that permanently reduce or eliminate the possibility of exposures to the maximum extent practicable. Prohibits manufacturing, processing, or distributing in commerce asbestos for any use or under any condition other than those specified in such order. Requires the Administrator to publish guidance describing the steps agencies must take to: (1) enhance protections for public health and safety and the environment; and (2) better solicit information from, and protect the health and safety of, people located near areas where asbestos is located, transported, and disposed. Provides that nothing in such guidance should be construed to affect or limit the application of, or obligation to comply with, any environmental law. Redefines asbestos to include any: (1) material formally classified as tremolite, including winchire asbestos and richterite asbestos; and (2) asbestiform amphibole mineral. Authorizes the Administrator to: (1) commence a civil action for seizure of and relief from a chemical substance that may present an imminent and substantial (currently imminent) endangerment to health or the environment, and (2) issue orders to protect health or the environment from such substances. Authorizes such action to be: (1) commenced notwithstanding the existence of a rule or order under TSCA and the pendency of any administrative or judicial proceeding under TSCA, and (2) proceeded against by process of libel for seizure and condemnation of such substance. Revises provisions concerning venue and consolidation of such actions. Requires each manufacturer to submit to the Administrator a declaration of the interest of the manufacturer for a chemical substance in which the manufacturer has a commercial interest. Requires such declarations notwithstanding any exclusions or exemptions from other notification or reporting requirements of TSCA. Authorizes: (1) a processor of a substance in which the processor has a current or potential commercial interest to voluntarily submit a declaration for such substance; and (2) a manufacturer or processor to submit a declaration of a cessation of producing, importing, processing, and exporting a substance. Establishes criteria for identifying substances to which such declarations apply. Requires the Administrator to issue guidance describing such criteria and specifying the supporting information manufacturers and processors are to include in such declarations. Sets forth provisions regarding: (1) the Administrator reviewing such declarations and establishing a periodic reporting program on such chemical substances; (2) manufacturers and processors maintaining records to support such declarations and report; and (3) manufacturers and processors updating information contained in such reports at least every four years, when they come into possession of or generate significant new information regarding the production, processing, use, distribution, hazard, or exposure potential of such substances, and when there is a significant change in the production, distribution, or use of such substances. Revises provisions concerning the inventory of chemical substances manufactured or processed that the Administrator is required to publish. Requires the Administrator to establish an Internet-accessible database for storing and sharing information relating to the toxicity and use of, and exposure to, chemical substances. Requires any person that manufactures, processes, or distributes any chemical substance to maintain and, on request, submit to the Administrator records of significant adverse reactions to human health or the environment alleged to have been caused by the substance. Requires any person that manufactures, processes, or distributes a chemical substance and that obtains information that reasonably supports the conclusion that the substance presents a substantial risk of injury to health or the environment to immediately inform the Administrator of the information unless the person has actual knowledge that the Administrator has been adequately informed of the information. Requires the Administrator to report to federal agencies in cases where action may be taken under law not administered by the Administrator to address activities involving, uses of, or exposures to a chemical substance that do not meet a safety standard under TSCA. Revises provisions concerning inspections, including by allowing the Administrator to: (1) inspect any place at which records relating to substances or compliance with TSCA are held, and (2) require the attendance and testimony of witnesses and the production of reports and information. Repeals provisions concerning exemptions to TSCA for chemical substances that are manufactured, processed, or distributed in commerce for export. Establishes deadlines for notifications to the Administrator relating to the exportation of such chemical substances. Requires the Secretary of Homeland Security (currently the Secretary of the Treasury) to refuse entry into the U.S. customs territory of chemical substances under specified circumstances. Revises data disclosure requirements, including provisions concerning designating and releasing confidential data. Requires the Administrator to treat as confidential: (1) precise information describing the manufacture, processing, or distribution of a chemical substance; (2) marketing and sales information; (3) information identifying the customers of a manufacturer, processor, or distributor; (4) details of the full composition of a mixture of a particular manufacturer or processor; (5) precise information about the use, function, or application of a substance in a process, mixture, or product of a particular manufacturer or processor; and (6) precise production or import volumes of a particular manufacturer, processor, or distributor. Requires the Administrator to disclose: (1) the identity of a chemical substance; (2) safety standard determinations; (3) specified health and safety study data; (4) health and safety data in notices of substantial risk; (5) general information describing the manufacturing volumes and the functions and uses of substances; (6) any information indicating the presence of a substance in consumer products intended for use by children aged 14 years or younger if such substance is a known or probable reproductive, developmental, neurological, or immunological toxicant, carcinogen, or mutagen, is persistent, bioaccumulative, and toxic, or has been found by the Administrator to not meet a safety standard. Provides that such requirements do not authorize the release of data that discloses a process used in the manufacturing or processing of a substance. Establishes exemptions from requirements to disclose identities of substances. Requires the Administrator to promulgate rules that specify: (1) the acceptable bases on which written requests to maintain confidentiality of information may be approved, (2) the nature of the documentation and justification that must accompany such a request, and (3) the types of information the Administrator determines warrant protection for an indefinite period of time. Sets forth provisions concerning the review of such requests. Requires the Administrator, if a request to maintain confidentiality of information is approved, to specify a time period not to exceed five years for which such information will be kept confidential, unless the information otherwise becomes available to the public or the request for confidentially is exempted from such time constraint. Establishes a civil penalty for: (1) wrongful disclosure of information by current and former officers or employees of the United States, and (2) false requests for confidential treatment by officers or employees of companies that submit information. Requires all information reported to or otherwise obtained by the Administrator under TSCA to be made available to Congress upon request. Requires the Administrator to facilitate the sharing of information pertaining to chemical substances that workers may come into contact with or that they may otherwise be exposed to during the course of work with those workers and their bargaining agents. Prohibits any person from manufacturing, processing, distributing, using, or disposing of chemical substances that such person knew or had reason to know was manufactured, processed, or distributed in violation of any rule, order, prohibition, restriction, or other requirement imposed by TSCA. Prohibits any person from failing or refusing to establish or maintain records or to submit accurate and complete reports, notices, information submissions, disclosures, declarations, certifications, or other information as required by TSCA. Prohibits any person from making or submitting a statement, declaration, disclosure, certification, writing, data set, or representation that is materially false or from falsifying or concealing any material fact in taking any action or making any communication pursuant to TSCA. Increases the cap on the amount of civil and criminal penalties for each violation of TSCA. Authorizes fining and imprisoning individuals who knowingly violate TSCA and who know at that time that the violation places another person in imminent danger of death or serious bodily injury. Revises enforcement provisions, including by authorizing the Administrator to: (1) commence a civil action in the appropriate U.S. district court to compel compliance of any person with any provision of, or any rule or order promulgated pursuant to, TSCA; and (2) seek civil or criminal penalties. Revises preemption provisions by providing that nothing in TSCA affects the right of a state to adopt or enforce any requirement that is different from, or in addition to, a requirement under TSCA unless compliance with both requirements is impossible, in which case the applicable provisions of TSCA shall control. Revises provisions concerning citizens’ civil action by allowing a person to commence a civil action for a violation of this Act or order issued under this Act (currently actions are limited to specific violations). Revises provisions concerning citizens’ petitions by allowing a person to petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule or order under TSCA (currently petitions are limited to initiating proceedings for issuing, amending, or repealing specific requirements). Repeals a cap on fees from persons required to submit data to defray the cost of administering TSCA. Authorizes appropriations to the Administrator to carry out TSCA for 2013-FY2020. Requires the Administrator to establish: (1) the Children’s Environmental Health Research Program to provide grants to further the understanding of the vulnerability of children to chemical substances, and (2) the Interagency Science Advisory Board on Children’s Health Research. Requires the Administrator, when a chemical substance has been identified as being present in human biological media that may have adverse effects on early childhood development, to coordinate with the Secretary of Health and Human Services (HHS) to conduct a biomonitoring study to determine the presence of such substance in such media in, at a minimum, pregnant women and infants. Requires: (1) the Secretary to publish such study, and (2) manufacturers and processors to disclose any substance that is determined to be present in such study. Requires the Administrator to: (1) take action to minimize the use of animals in testing of chemical substances, and (2) establish the Interagency Science Advisory Board on Alternative Testing Methods. Requires the Administrator to establish: (1) a program to create market incentives for the development of safer alternatives to existing chemical substances that reduce or avoid the use and generation of hazardous substances, (2) a network of no less than four green chemistry and engineering centers to support the development and adoption of safer alternatives to chemical substances, and (3) a program to facilitate the development of a workforce that produces such alternatives. Requires the Administrator to make grants to promote and support the research, development, and adoption of such alternatives. Requires the Secretary of State, the heads of other appropriate federal agencies, and the Administrator to cooperate with international efforts to develop: (1) a common protocol or electronic database relating to substances, or (2) safer alternatives for substances. Requires the Administrator to establish and implement procedures to ensure data reliability. Requires the Administrator to: (1) identify localities of the United States that are subject to exposure to toxic substances at levels that are significantly greater than the average exposure, (2) publish a list of such localities, (3) update such list at least every five years, and (4) develop and publish action plans to reduce such disproportionate exposure. Requires the Administrator to implement and support the implementation by the United States of the provisions of the Stockholm Convention, the Protocol on Persistent Organic Pollutants to the Convention on Long-Range Transboundary Air Pollution (LRTAP POPs Protocol), and the Rotterdam Convention that have entered into effect for the United States. Prohibits manufacturing, processing, distributing, using, disposing of, or taking any other action with respect to a chemical that is listed on any Annex of the Stockholm Convention the LRTAP POPs Protocol, or the Rotterdam Convention or that is identified by notification to the Secretariat of the Rotterdam Convention by the United States as banned or severely restricted in the United States if such listings have entered into force for the United States, in a manner inconsistent with obligations for such chemicals under such agreements. Requires the Administrator to provide public notice of the chemicals that are subject to the instrument of ratification for the Stockholm Convention, LRTAP POPs Protocol, or Rotterdam Convention and of any chemical added after such instrument has entered into force for the United States within 30 days of the deposit of such instrument or the listing of any chemical added. Authorizes the Administrator to promulgate regulations to carry out the Stockholm Convention, the LRTAP POPs Protocol, and the Rotterdam Convention and to ensure compliance with any obligations under such instruments.
United States · United States Congress · 9 April 2013
Mental Health Awareness and Improvement Act of 2013 - Achievement Through Prevention Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to allow states, local educational agencies (LEAs), and schools to use school improvement funds to implement schoolwide positive behavioral interventions and supports and early intervening services and coordinate them with similar activities carried out under the Individuals with Disabilities Education Act. (Early intervening services are a set of coordinated services for students in kindergarten through grade 12 who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.) Amends part D of title I of the ESEA to require states that receive funds for the education of neglected or delinquent children or youth to use positive behavioral interventions and supports, early intervening services, and school-based mental health programs to improve such students' academic performance and reduce their need for discipline. Requires an LEA to use subgrant funds to carry out in-service training for school personnel in: (1) the techniques and supports needed to identify early any children with trauma histories and children with, or at risk of, mental illness; and (2) the use of mechanisms to refer such children to appropriate treatment and intervention services. Authorizes programs to prevent the illegal use of drugs and violence among students to include development of school-based mental health programs. Amends the Public Health Service Act to reauthorize and revise requirements for a youth interagency research, training, and technical assistance resource center to expand its focus from youth suicides to suicides among all ages, particularly among groups at high risk for suicide. Reauthorizes a program of grants for the development of state or tribal youth suicide early intervention and prevention strategies. Reauthorizes and revises a grant program to enhance services for students with mental health or substance use disorders at institutions of higher education. Renames mental illness awareness training grants "mental health awareness training grants." Authorizes the use of grant funds for evidence-based programs for the purpose of the safe de-escalation of crisis situations involving individuals with a mental illness. Revises requirements for grants to address the problems of persons who experience violence-related stress to specify their use for the continued operation of the National Child Traumatic Stress Initiative focusing on the mental, behavioral, and biological aspects of psychological trauma response. Directs the Comptroller General (GAO) to report to specified congressional committees on federal requirements that impact access to treatment of mental health and substance use disorders related to integration with primary care, administrative and regulatory issues, quality measurement and accountability, and data sharing. Authorizes the Secretary of Health and Human Services (HHS), acting through the Administrator for the Substance Abuse and Mental Health Services Administration, to advance, through existing programs as appropriate, the education and awareness of providers, patients, and other appropriate stakeholders regarding all products approved by the Food and Drug Administration (FDA) to treat opioid use disorders. Directs the Comptroller General to evaluate the utilization of mental health services for children, including the usage of psychotropic medications. Amends the Public Health Service Act to require Secretary to provide technical assistance to grantees regarding evidence-based practices for the prevention and treatment of geriatric substance use and mental health disorders, as well as disseminate information about such practices to states and nongrantees. Encourages the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to improve, particularly through the voluntary inclusion of additional states, the National Violent Death Reporting System. Directs the Comptroller General to evaluate the status of implementation of recommendations made in the report to the President, "On Issues Raised by the Virginia Tech Tragedy."
United States · United States Congress · 9 April 2013
High-Capacity Ammunition Magazine Ban of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit the importation, sale, manufacture, transfer, or possession, in or affecting interstate or foreign commerce, of a large capacity ammunition feeding device. Defines a "large capacity ammunition feeding device" to: (1) mean a magazine, belt, drum, feed strip, or similar device that has an overall capacity of, or that can be readily changed to accept, more than 10 rounds of ammunition; and (2) exclude an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. Provides exemptions for: (1) devices lawfully possessed before this Act's enactment; (2) federal, state, and local agencies and law enforcement officers; (3) licensees under the Atomic Energy Act for on-site security, off-site training, and transportation of nuclear materials; and (4) authorized testing or experimentation by a licensed firearms manufacturer or importer. Requires a device manufactured after this Act's enactment to be identified by a serial number and the date it was manufactured conspicuously engraved or cast on the device. Sets penalties for violations. Subjects devices used or involved in knowing violation of such Act to seizure and forfeiture. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of Edward Byrne Memorial Justice Assistance Grants for buy-back programs for surrendered large capacity ammunition feeding devices.
United States · United States Congress · 9 April 2013
Identity Theft and Tax Fraud Prevention Act of 2013 - Requires the Secretary of the Treasury to: (1) establish a plan to reduce the administrative time required to process and resolve cases of tax-related identity theft, (2) ensure that taxpayers who have been adversely affected by identity theft have a single point of contact at the Internal Revenue Service (IRS), (3) issue a personal identification number to identity theft victims after their true identity has been established and verified, (4) implement a program to prevent the processing of a tax return by an identity thief, (5) issue regulations that restrict the delivery or deposit of multiple tax refunds to the same individual in the same tax year, and (6) submit a report on options for creating a tax system that reduces burdens on taxpayers and decreases tax fraud through information matching. Imposes restrictions on the use of prepaid debit cards for tax refunds. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information. Directs the Secretary of Health and Human Services (HHS) to: (1) establish and implement procedures to eliminate the unnecessary collection, use, and display of social security account numbers of Medicare beneficiaries; (2) ensure that newly-issued Medicare identification cards meet certain security standards; and (3) establish a pilot program to evaluate the applicability of smart card technology to Medicare beneficiaries or providers and whether such cards would be effective in preventing Medicare fraud. Amends the federal criminal code to prohibit the display, sale, or purchase of social security numbers without the consent of the account holder. Imposes criminal penalties for obtaining a social security number for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of an individual for any illegal purpose. Allows civil remedies to enjoin and recover losses from violations of this Act and sets forth civil penalties for such violations. Amends the Internal Revenue Code to: (1) impose a criminal penalty for willful misappropriation of another person's taxpayer identity, and (2) increase the civil and criminal penalties for unauthorized disclosure of taxpayer information by paid tax return preparers. Authorizes the IRS Commissioner to transfer appropriated funds to be used solely to prevent and resolve potential cases of tax fraud. Directs the Commissioner to establish in the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies. Grants the Secretary of the Treasury access to information in the National Directory of New Hires for purposes of administering the tax code.
United States · United States Congress · 21 March 2013
Palliative Care and Hospice Education and Training Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants or contracts for the establishment or operation of Palliative Care and Hospice Education Centers. Requires such Centers to: (1) improve the training of health professionals in palliative care for individuals with serious or life-threatening illnesses; (2) develop and disseminate related curricula; (3) support the training and retraining of faculty to provide instruction in palliative care; (4) support continuing education of health professionals who provide palliative care; (5) provide students with clinical training in palliative care in long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; and (6) establish traineeships for individuals preparing for advanced education nursing degrees in palliative care. Authorizes the Secretary to make grants to and enter into contracts with schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs to provide support for projects that fund the training of physicians who plan to teach palliative medicine. Directs the Secretary to: (1) establish a program to provide Palliative Medicine and Hospice Academic Career Awards to eligible individuals; (2) award grants or contracts to entities that operate a Palliative Care and Hospice Education Center; (3) award incentive grants or contracts to advanced practice nurses, clinical social workers, pharmacists, chaplains, or students of psychology pursuing an advanced degree in palliative care or related fields; and (4) award grants to schools of nursing, health care facilities, or programs leading to certification as a certified nurse assistant to develop and implement programs and initiatives to train individuals in providing palliative care in health-related educational, hospice, home, or long-term care settings.
United States · United States Congress · 21 March 2013
Collaborative Academic Research Efforts for Tourette Syndrome Act of 2013 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH programs and activities regarding Tourette syndrome. Requires the Director to develop a system to collect data on Tourette syndrome, including epidemiological information regarding its incidence and prevalence in the United States, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families. Requires the Director to award grants and contracts to public or nonprofit private entities to pay costs of planning, establishing, improving, and providing basic operating support for between four and six centers of excellence in different regions of the United States to conduct basic and clinical research on Tourette syndrome. Requires the Director to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome.
United States · United States Congress · 20 March 2013
Healthy Families Act - Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least 1 hour of paid sick time for every 30 hours worked. Declares that an employer shall not be required to permit an employee to earn more than 56 hours of paid sick time in a calendar year, unless the employer chooses to set a higher limit. Allows employees to use such time to: (1) meet their own medical needs; (2) care for the medical needs of certain family members (including a domestic partner or the domestic partner's parent or child); or (3) seek medical attention, assist a related person, take legal action, or engage in other specified activities relating to domestic violence, sexual assault, or stalking. Prohibits an employer from interfering with an employee's exercise of such rights. Directs the Secretary of Labor to exercise certain investigative and enforcement authority for employees covered by the Family and Medical Leave Act of 1993 or the Government Employee Rights Act of 1991. Grants the same authority, for employees under their jurisdiction, to the Librarian of Congress, the Comptroller General (GAO), the Board of Directors of the congressional Office of Compliance, and the Merit Systems Protection Board. Authorizes civil actions by employees, individuals, or their representatives for damages or equitable relief against employers who violate this Act. Waives a state's sovereign immunity with respect to a suit brought by an employee of a federally-assisted state program or activity for relief authorized under this Act. Requires the Commissioner of Labor Statistics to annually compile information on paid sick time and the Comptroller General to study related matters. Declares that nothing in this Act shall be construed to discourage employers from adopting or retaining more generous leave policies.
United States · United States Congress · 20 March 2013
Safe Prescribing Act of 2013 - Amends the Controlled Substances Act to remove dihydrocodeinone (hydrocodone) from classification as a schedule III controlled substance. Directs the Attorney General to immediately allow manufacturers and distributors to store hydrocodone combination products in accordance with the physical security requirements for schedule III, IV, and V controlled substances for three years beginning on the date of enactment of this Act. Requires the Comptroller General to submit a report on the reclassification of hydrocodone products under this Act, including: (1) an assessment of the degree to which the reclassification of such products under this Act impacts the ability of patients with legitimate medical needs, particularly those in rural areas and nursing home facilities, to access adequate pain management; and (2) recommendations necessary to address any issues relating to patient access to adequate pain management.
United States · United States Congress · 20 March 2013
Congratulates the people of Greece as they celebrate the 192nd anniversary of Greece's independence, and notes the important role that Greece has played in the wider European region and in the community of nations. Supports the principles of democratic governance to which the people of Greece are committed.
United States · United States Congress · 14 March 2013
Resident Physician Shortage Reduction Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DGME) costs. Directs the Secretary of Health and Human Services (HHS), for each of FY2015-FY2019 (and each succeeding fiscal year if additional residency positions are available to distribute), to increase the otherwise applicable resident limit for each qualifying hospital. Requires the aggregate number of increases in the otherwise applicable resident limit to be 3,000 in each of FY2015-FY2019, of which 1,500 in each such fiscal year shall be used for full-time equivalent residents training in a shortage specialty residency program. Specifies the process for distributing positions. Declares that, for discharges occurring on or after July 1, 2015, the indirect teaching adjustment factor, with respect to additional payments for subsection (d) hospitals with indirect costs of medical education (IME), insofar as those additional payments are attributable to resident positions distributed to a hospital according to such process, shall be computed in a specified manner with respect to those resident positions. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Directs the National Health Care Workforce Commission to study the physician workforce. Directs the Comptroller General to study strategies for increasing the diversity of the health profession workforce.
United States · United States Congress · 14 March 2013
Improving Access to Medicare Coverage Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to count a period of receipt of outpatient observation services in a hospital toward the three-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare.
United States · United States Congress · 14 March 2013
Smithsonian American Latino Museum Act - Establishes a museum to be known as the Smithsonian American Latino Museum in the Smithsonian Institution. Designates the Arts and Industries Building of the Smithsonian Institution, which is located on the National Mall in Washington, DC, including a new underground annex facility, as the location of the Museum. Authorizes the Board of Regents of the Smithsonian Institution to plan and construct the Museum and to prepare a plan of action for the Museum. Directs the Secretary of the Interior and the Board of Regents to enter into an agreement that allows for the construction of the underground annex facility by the Board in a manner that is harmonious with, and protects the open space and visual sight lines of, the National Mall.
United States · United States Congress · 14 March 2013
Seniors Mental Health Access Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to cover marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance), particularly those provided in rural health clinics, federally qualified health centers, and in hospice programs. Amends Medicare part E (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system. Authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.
United States · United States Congress · 13 March 2013
Justice for Former American Hostages in Iran Act of 2013 - Establishes in the Treasury the American Hostages in Iran Compensation Fund to: (1) make payments to specified Americans held hostage in Iran and their family members; and (2) satisfy the claims of the members of the proposed class against Iran relating to the alleged taking of hostages or treatment of personnel of the U.S. embassy in Tehran, Iran, between November 3, 1979, and January 20, 1981. Imposes a surcharge, to be deposited into the Fund, of 30% on any fine or penalty imposed for a violation of any law or regulation for any economic activity regarding Iran that is administered by specified federal departments. Sets forth hostage and family member payment provisions.
United States · United States Congress · 13 March 2013
Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Chief Actuary of the Centers for Medicare and Medicaid Services to report to the Secretary of Health and Human Services (HHS) and to Congress on whether or not the expansion of the definition of targeted beneficiary, with respect to medication therapy management, would, if implemented, reduce spending under Medicare. Requires the report to include a certification of any determination by the Chief Actuary that such expansion would reduce such spending. Specifies such an expansion as targeted beneficiaries with a single chronic disease that accounts for high Medicare spending, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder). (Currently a targeted beneficiary must have multiple chronic diseases.) Requires such an expansion to take place if the report contains the certification indicated.
United States · United States Congress · 12 March 2013
Safeguard American Food Exports Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to deem equine (horses and other members of the equidae family) parts to be an unsafe food additive or animal drug. Prohibits the knowing sale or transport of equines or equine parts in interstate or foreign commerce for purposes of human consumption.
United States · United States Congress · 12 March 2013
National Diabetes Clinical Care Commission Act - Establishes within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and make recommendations regarding better coordination and leveraging of federal programs that relate in any way to supporting appropriate clinical care for people with pre-diabetes and diabetes. Sets forth the duties of the Commission, which shall include: (1) evaluating HHS programs, (2) identifying current activities and critical gaps in federal efforts to support clinicians in providing care to people with pre-diabetes and diabetes, (3) recommending how an outcomes-based registry may be developed and then used to evaluate various care models and methods, (4) evaluating and expanding education and awareness to health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes, and (5) reviewing and recommending appropriate methods for outreach and dissemination of educational resources related to diabetes prevention and treatments. Requires the Commission to submit an operating plan to the Secretary and Congress within 90 days of its first meeting.
United States · United States Congress · 12 March 2013
Rural Heritage Conservation Extension Act of 2013 - Amends the Internal Revenue Code to: (1) make permanent the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes; and (2) prohibit any such deduction for contributions of an easement for use on, or intended use on, a golf course.
United States · United States Congress · 11 March 2013
Providing Resources Early for Kids Act of 2013 or the PRE-K Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to states to enhance or improve state-funded preschool programs. Sets forth a grant formula favoring states that: (1) have curricula aligned with state early learning standards; (2) use nationally-established, or better, best practices for class size and teacher-to-student ratios; (3) require each teacher to have at least an associate degree in early childhood education or a related field; (4) require such programs to operate for at least a full academic year; and (5) have a plan for meeting the requirement, within five years of receiving such grant, that teachers have at least a baccalaureate degree in early childhood education or have such degree in a related field, but have also completed specialized training in early childhood education. Directs the Secretary to establish a competitive process for awarding grants to other states that demonstrate that they will meet such requirements within two fiscal years. Prohibits state grantees from reducing their preschool or child care expenditures. Requires states to give priority, in using grant funds, to preschool programs in communities with high concentrations of impoverished children. Includes among grant uses: (1) increasing the qualifications of, and benefits provided to, teachers, teacher aides, and program directors; (2) decreasing class size and improving teacher-to-student ratios; (3) providing certain comprehensive services that support healthy child development; (4) extending program duration; (5) improving program monitoring and learning environments; and (6) providing classroom supplies or equipment. Reserves funds for competitive grants to Indians for their preschool programs.
United States · United States Congress · 7 March 2013
Volunteer Emergency Services Recruitment and Retention Act of 2013 - Amends the Internal Revenue Code to allow sponsors of certain deferred compensation plans to elect to include length of service award plans for bona fide volunteers providing firefighting and fire prevention services, emergency medical services, ambulance services, and emergency rescue services. Directs the Secretary of Labor to issue regulations exempting a length of service award program from treatment as an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA).
United States · United States Congress · 7 March 2013
Volunteer Responder Incentive Protection Reauthorization Act of 2013 - Amends Internal Revenue Code, with respect to the tax exclusion for benefits paid to volunteer firefighters and emergency medical providers by states and local governments, to: (1) increase the amount of benefits excludible; and (2) make such tax exclusion available for taxable years beginning in 2014, 2015, or 2016.
United States · United States Congress · 7 March 2013
Amends the Internal Revenue Code to allow the special depreciation allowance (bonus depreciation) for dairy producing calves and cows purchased for business use, regardless of whether the original use of such livestock commenced with another taxpayer.
United States · United States Congress · 7 March 2013
Dairy Augmentation for Increased Retail in Yogurt products (DAIRY) Act - Amends the Internal Revenue Code to: (1) establish tax-exempt dairy farm savings accounts to allow taxpayers engaged in the trade or business of dairy farming to use distributions from such accounts to pay business expenses; (2) allow a deduction from gross income for cash contributions to such accounts; and (3) set forth tax rules relating to, and penalties for, account distributions, excess contributions, and prohibited transactions.
United States · United States Congress · 5 March 2013
United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a Major Strategic Partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Directs the Secretary of Commerce to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Directs the President to report to Congress on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center. Includes Israel in the visa waiver program when Israel satisfies such program's inclusion requirements and provides, subject to security concerns, reciprocal travel privileges for U.S. citizens.
United States · United States Congress · 5 March 2013
Fair Minimum Wage Act of 2013 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.20 an hour on the first day of the third month after the enactment of this Act; (2) $9.15 an hour after one year; (3) $10.10 an hour after two years; and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) after three years, and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year on the first day of the third month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the wage increase to ensure that it remains equal to 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website.
United States · United States Congress · 5 March 2013
American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act or AMERICA Works Act - Amends the Workforce Investment Act of 1998 to require state or local workforce investment systems to use youth activities funds for programs that provide training, which may include priority consideration for training programs that lead to recognized postsecondary credentials aligned with in-demand occupations or industries in the local area involved. Authorizes the operator and employees of a one-stop center, in assisting individuals in selecting programs of training services, to give priority consideration to such programs. Revises eligibility requirements for providers of training services and providers of youth activities for such programs. Requires programs of training services and youth activities programs that lead to a recognized postsecondary credential to meet quality criteria established by the state governor. Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs.
United States · United States Congress · 5 March 2013
Medicare Diabetes Prevention Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage of diabetes prevention program services to an eligible diabetes prevention program individual. Directs the Secretary of Health and Human Services (HHS) to establish the criteria for a diabetes prevention program in accordance with the standards under the National Diabetes Prevention Program established by the Centers for Disease Control and Prevention (CDC). Excludes items and services under a diabetes prevention program from the skilled nursing facility prospective payment system. Includes: (1) items and services under a diabetes prevention programs among federally qualified health center services, (2) rates of referrals of eligible individuals to diabetes prevention programs among the quality measures for covered professional services in the Medicare physician quality reporting system, and (3) an individual's diabetes risk assessment in the individual's Medicare personalized prevention plan. Expresses the sense of the House that the National Diabetes Prevention Program presents an opportunity for states to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.
United States · United States Congress · 28 February 2013
Chiropractic Care Available to All Veterans Act of 2013 - Amends the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 to require a program under which the Secretary of Veterans Affairs provides chiropractic care and services to veterans through Department of Veterans Affairs (VA) medical centers and clinics to be carried out at: (1) no fewer than 75 medical centers by December 31, 2014, and (2) all medical centers by December 31, 2016. Includes chiropractic examinations and services within required VA medical, rehabilitative, and preventive health care services.
United States · United States Congress · 28 February 2013
Quality Care for Moms and Babies Act - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), as part of the pediatric quality measures program and the Medicaid Quality Measurement Program (MQMP), to: (1) review certain quality measures endorsed under the Medicare program that relate to the care of childbearing women and newborns, particularly with respect to their application to the programs under SSA title XIX (Medicaid) and XXI (State Children's Health Insurance Program) (CHIP), identifying omissions and deficiencies in such applications; (2) develop and publish a set of maternity care quality measures for the Medicaid and CHIP programs in accordance with specified requirements; and (3) review the Mother and Infant Care (MIC) quality measures and develop, on an ongoing basis, any modifications of, or additions to, them that reflect the development, testing, validation, and consensus process. Directs the Secretary to enter into grants, contracts, or intergovernmental agreements with qualified measure development entities to: (1) identify quality of care issues that are not adequately addressed by the MIC quality measures; and (2) develop, test, and validate modifications of such measures. Requires a qualified measure development entity with such a grant, contract, or intergovernmental agreement to consult with voluntary consensus standards setting organizations and other organizations involved in the advancement of evidence-based measures of health to create, as part of the MIC quality measures, eMeasures (for which measurement data, including clinical data, will be collected electronically) aligned with the measures developed under the pediatric quality measures program and the MQMP. Requires the Agency for Healthcare Research and Quality to adapt the Consumer Assessment of Healthcare Providers and Systems program surveys of providers, facilities, and health plans to ensure that the adapted surveys are effective in measuring aspects of care that childbearing women and newborns experience. Authorizes the Secretary to make grants to eligible entities to support: (1) the development of new state and regional maternity care quality collaboratives; (2) expanded activities of existing maternity care quality collaboratives; and (3) maternity care initiatives within established state and regional quality collaboratives that are not focused exclusively on maternity care.
United States · United States Congress · 28 February 2013
Short Line Railroad Rehabilitation and Investment Act of 2013 - Amends the Internal Revenue Code, with respect to the tax credit for railroad track maintenance, to: (1) expand the types of maintenance expenditures eligible for such credit, and (2) extend such credit through 2016.
United States · United States Congress · 28 February 2013
Sunshine in the Courtroom Act of 2013 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Allows a presiding judge to obscure the face and voice of an individual if good cause is shown that photographing, electronic recording, broadcasting, or televising such features would threaten the individual's safety, the court's security, the integrity of future or ongoing law enforcement operations, or the interest of justice. Prohibits a presiding judge from permitting the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. Terminates a district court's authority under this Act three years after enactment of this Act. Requires the Judicial Conference of the United States to promulgate mandatory guidelines which a presiding judge must follow for obscuring certain vulnerable witnesses. Prohibits any audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, co-counsel of a client, adverse counsel, or counsel and the presiding judge, if the conferences are not part of the official record of the proceedings.
United States · United States Congress · 28 February 2013
Safe Schools Improvement Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from, school programs; or (2) create a hostile or abusive educational environment that adversely affects their education. Requires LEAs to also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their discipline policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. Requires: (1) the Secretary of Education to conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools; and (2) the Commissioner for Education Statistics to collect state data, that are subject to independent review, to determine the incidence and frequency of the conduct prohibited by LEA discipline policies.
United States · United States Congress · 28 February 2013
Authorizes expenditures by the following Senate committees from March 1, 2013, through September 30, 2013: (1) Agriculture, Nutrition, and Forestry; (2) Armed Services; (3) Banking, Housing, and Urban Affairs; (4) Budget; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Finance; (9) Foreign Relations; (10) Health, Education, Labor, and Pensions; (11) Homeland Security and Governmental Affairs; (12) Judiciary; (13) Rules and Administration; (14) Small Business and Entrepreneurship; (15) Veterans' Affairs; (16) Special Committee on Aging; (17) Select Committee on Intelligence; and (18) Indian Affairs. Authorizes establishment of a special reserve within funds in the account "Expenses of Inquiries and Investigations," appropriated by the legislative branch appropriations Act for FY2013, to be available to any committee to meet unpaid obligations or expenses. Reconstitutes the Senate National Security Working Group authorized by Senate Resolution 105 (101st Congress), as subsequently amended and extended, to require or authorize the Working Group through December 31, 2016 to: serve as a forum for bipartisan discussion of current national security issues relating to the jurisdictions of multiple Senate committees; conduct regular meetings and maintain records of all meetings and activities; act as official observers on the U.S. delegation to any negotiations to which the United States is a party regarding: (1) the reduction, limitation, or control of conventional weapons, weapons of mass destruction, or the means for delivery of any such weapons; (2) the reduction, limitation, or control of missile defenses; or (3) export controls; and study any issues related to national security that the Senate Majority and Minority leaders jointly determine appropriate. Encourages the Working Group to consult with parliamentarians and legislators of foreign nations and to participate in international forums and institutions regarding such national security matters. Prohibits the Working Group from investigating matters relating to espionage or intelligence operations against the United States, counterintelligence operations and activities, or other intelligence matters within the jurisdiction of the Select Committee on Intelligence. Limits the salary of the Majority and Minority liaison staff assistant to a rate up to that allowed under the Legislative Branch Appropriations Act, 1968 for Senate committee employees.
United States · United States Congress · 28 February 2013
States that Congress: reaffirms the long-standing bonds of friendship and cooperation between the United States and Israel which enjoy bipartisan support in Congress and among the people of the United States; supports the close military, intelligence, and security cooperation that President Obama has pursued with Israel; condemns the statements and policies of the leaders of the Islamic Republic of Iran threatening Israel's security and existence; recognizes the tremendous threat posed to the United States, the West, and Israel by Iran's pursuit of a nuclear weapons capability; reiterates that U.S. policy is to prevent Iran from acquiring a nuclear weapon capability and to take necessary action to implement such policy; supports the full implementation of U.S. and international sanctions on Iran; declares that the United States has a vital national interest and commitment to ensuring Israel's existence and security; supports Israel's right to self-defense; and urges that if Israel is compelled to take military action in self-defense the U.S. government should provide Israel with diplomatic, military, and economic support. States that nothing in this resolution shall be construed as an authorization for the use of force or a declaration of war.
United States · United States Congress · 27 February 2013
Metal Theft Prevention Act of 2013 - Prohibits stealing specified metal being used in or affecting interstate or foreign commerce, the theft of which harms critical infrastructure, including metal used as part of an electrical substation, power line, cellular tower, telephone land line, highway equipment and facilities, railroad equipment and facilities, water well, reservoir, or sewage line. Sets penalties of a fine, 10 years' imprisonment, or both, for violations. Defines "specified metal" to include metal that is: (1) marked with the name, logo, or initials of a city, county, state, or federal government entity, a railroad, an electric, gas, or water company, a telephone company, a cable company, a retail establishment, or a public utility; (2) part of certain infrastructure items, such as a street light pole, guard rail, storm water grate, or grave marker; (3) a wire or cable commonly used by communications and electrical utilities; or (4) copper, aluminum, and other metal that is valuable for recycling or reuse as raw metal (except for aluminum cans). Prohibits a recycling agent from purchasing such metal: (1) unless the seller provides documentation of ownership of, or other proof of the authority of the seller to sell, such metal and there is a reasonable basis to believe that the documentation provided is valid (does not require the agent to independently verify such validity); or (2) that the agent knows, or has a reasonable basis to believe, to be stolen. Subjects violators to a civil penalty of up to $10,000 per violation. Sets forth recycling agent record-keeping and confidentiality requirements. Prohibits a recycling agent from paying cash for a single purchase of such metal of more than $100. Considers more than 1 purchase in any 48-hour period from the same seller to be a single purchase. Exempts from such documentation requirements or purchase limits any recycling agent that is subject to a state or local law that requires obtaining such documentation or that limits such purchases. Authorizes specified enforcement actions by the Attorney General and state attorneys general or equivalent state regulators. Directs the U.S. Sentencing Commission to review and amend the Federal Sentencing Guidelines and policy statements applicable to a person convicted of the theft of such metal.
United States · United States Congress · 27 February 2013
Lena Horne Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.
United States · United States Congress · 27 February 2013
Puppy Uniform Protection and Safety Act - Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: (1) has an ownership interest in or custody of one or more breeding female dogs; and (2) sells, via any means of conveyance, more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer. Requires dealers to include on licensing applications and annual renewals the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian. Requires the Secretary of Agriculture (USDA) to promulgate requirements for the exercise of dogs at facilities owned or operated by a dealer, including requiring daily access to exercise that: (1) allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and (2) is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping. Allows an exemption if: (1) a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog; and (2) such determination is reviewed and updated at least once every 30 days by the veterinarian, unless the basis for the determination is a permanent condition. Subjects such a determination to review and approval by the Secretary.
United States · United States Congress · 27 February 2013
Promoting Health as Youth Skills In Classrooms And Life Act - Amends the Elementary and Secondary Education Act of 1965 to include health education and physical education in the definition of "core academic subjects."
United States · United States Congress · 27 February 2013
Requires each committee, by February 26, 2013, to report one resolution authorizing the committee to make expenditures out of the Senate contingent fund to defray its expenses, including the compensation of members of its staff, from March 1, 2013, through September 30, 2013. Authorizes the Senate Committee on Rules and Administration to report one authorization resolution containing more than one such committee authorization resolution.
United States · United States Congress · 26 February 2013
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award, on behalf of Congress, of six gold medals in honor of the members of the 17 Bombardment Group (Medium), who became known as the Doolittle Tokyo Raiders, in recognition of their military service during World War II. Requires: (1) five of the medals to be given to the five surviving members of the April 18, 1942, Tokyo bombing mission; and (2) the remaining medal to be given to the National Museum of the United States Air Force for display. Expresses the sense of Congress that such Museum should make the medal available for display elsewhere, particularly at locations and events associated with the Doolittle Tokyo Raiders.
![Official portrait of Sen. Schumer, Charles E. [D-NY]](https://www.congress.gov/img/member/s000148_200.jpg)