United States · United States Congress · 28 June 2013
Government Employee Accountability Act - Sets forth guidelines for placing career employees of the Senior Executive Service (SES) on investigative leave. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. Authorizes a federal agency to: (1) place an SES employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance or misappropriation of funds; (2) place such employee on leave without pay if such employee's conduct is determined to be serious or flagrant; or (3) remove such employee if such employee acted in a manner that endangers the interest of the agency mission. Requires an agency to periodically review the investigation into the conduct of an SES employee placed on investigative leave and take certain actions with respect to such employee at the end of a period of investigative leave, including removal, suspension without pay, or reinstatement to duty. Grants an employee placed on investigative leave certain rights, including: (1) advance written notice of, and the right to answer, charges; (2) the right to be represented by an attorney; and (3) the right to appeal to the Merit Systems Protection Board (MSPB). Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.
United States · United States Congress · 28 June 2013
Small Business Job Protection Act of 2013 - Amends the Internal Revenue Code, as amended by the Patient Protection and Affordable Care Act, to redefine "applicable large employer," for purposes of the mandate requiring employers to provide health insurance for their employees, to mean an employer with at least 100 full-time employees (currently, 50).
United States · United States Congress · 27 June 2013
Computer Science Education Act of 2013 - Amends title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to define "computer science" as the study of computers and algorithmic processes, including the study of computing principles, computer hardware and software design, computer applications, and the impact of computers on society. Makes computer science a core academic subject. Includes computer science teachers in professional development activities.
United States · United States Congress · 27 June 2013
Stop Targeting Our Politics IRS Act or the STOP IRS Act - Amends the Internal Revenue Service Restructuring and Reform Act of 1998 to expand existing grounds for termination of the employment of an Internal Revenue Service (IRS) employee to include performing, delaying, or failing to perform (or threatening to perform, delay, or fail to perform) any official action (including any audit) with respect to a taxpayer for purpose of extracting personal gain or benefit or for a political purpose.
United States · United States Congress · 27 June 2013
Calls on China (PRC) to end the practice of organ harvesting from prisoners, and particularly from Falun Gong prisoners of conscience and members of other religious and ethnic minority groups. Calls for a Department of State investigation into organ transplant practices in China, and for the prosecution of those found to have engaged in such practices. Demands an end to the persecution of the Falun Gong spiritual practice by the Communist Party of China and the release of all Falun Gong practitioners and other prisoners of conscience. Recommends that: (1) the Department issue a travel warning for U.S. citizens traveling to China for organ transplants informing them that the organ source for their operation may be a prisoner of conscience; and (2) the U.S. government condemn organ transplantation abuses in China, ban the entry of those who have participated in such activities, and prosecute such individuals should they be found on U.S. soil.
United States · United States Congress · 26 June 2013
Home Health Care Planning Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner, (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law, (3) a certified nurse-midwife, or (4) a physician assistant under a physician's supervision.
United States · United States Congress · 26 June 2013
Duplication Elimination Act of 2013 - Requires the President, within 90 days after publication of the annual Government Accountability Office (GAO) report on duplication, consolidation, and elimination of duplicative government programs, to send Congress a proposed joint resolution accompanied by a special message specifying: any recommendations outlined in the GAO report that are excluded from the proposed joint resolution; in detail why they were excluded; and the outlined GAO recommendations included in the proposed joint resolution. Limits the proposed joint resolution to one that: (1) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude, and (2) requires that any savings attributable to the legislative changes be transferred to the General Fund of the Treasury and be used to reduce the deficit. Sets forth procedures for expedited congressional consideration of the proposed joint resolution.
United States · United States Congress · 25 June 2013
Ambulatory Surgical Center Quality and Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to require alignment of updates for ambulatory surgical center (ASC) services under a revised prospective payment system (PPS) with updates for hospital outpatient department (OPD) services. Revises requirements for the reporting and applying of quality measure data by ASCs and hospital OPDs. Directs the Secretary of Health and Human Services (HHS) to establish an ASC value-based purchasing program under which each ASC that the Secretary determines meets (or exceeds) performance standards established, with respect to selected quality measures, for the performance period for a calendar year is eligible for shared savings in the form of a payment increase determined according to a specified formula. Revises requirements for the composition of the expert outside advisory panel the Secretary is required to consult during the annual review of the clinical integrity of the groups and payment weights in the PPS for hospital OPD services. Requires the panel to include suppliers subject to the PPS as well as at least one ASC representative. Requires the Secretary, when excluding from a final rule updating ASC lists a procedure whose inclusion was requested during the public comment period, to cite in the final rule specific criteria based on which the procedure was excluded. Requires the Secretary also to identify the peer reviewed research or the evidence upon which the exclusion is based if certain of those criteria are cited for it. Prohibits the Secretary from using or citing as a criterion or a basis for an exclusion that the procedure can only be reported using a Current Procedural Terminology (CPT) unlisted surgical procedure code.
United States · United States Congress · 20 June 2013
Medicare Beneficiary Preservation of Choice Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, to repeal the allowance for disenrollment, between January 1 and March 15 of each year, only from an MedicareAdvantage plan to elect enrollment in the original Medicare fee-for-service program. Restores the option under previous law to elect to change from a MedicareAdvantage to the original Medicare fee-for-service plan, or from the original Medicare fee-for-service to a MedicareAdvantage plan, once a year during the first three months.
United States · United States Congress · 19 June 2013
Death Tax Repeal Act of 2013 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount.
United States · United States Congress · 18 June 2013
Treat and Reduce Obesity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Authorizes the Secretary of Health and Human Services (HHS) to allow other physicians, registered dietitians, certified diabetes educators, and instructors trained and certified by the National Diabetes Prevention Lifestyle Coach Training program of the Centers for Disease Control and Prevention (CDC) to provide, and be independently reimbursed for, intensive behavioral therapy for obesity furnished outside of the primary care setting, so long as any such nonphysician provider or instructor furnishing the therapy must communicate any recommendation or treatment plan for an individual to the individual's primary care physicians or practitioner. Authorizes the Secretary to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for weight loss management for an overweight individual with one or more comorbidities.
United States · United States Congress · 12 June 2013
Administrative Relief and Accurate Medicare Payments Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to establish a maximum period of: (1) 2 years for submission of Medicare part B (Supplementary Medical Insurance) claims originally submitted by hospitals as Medicare part A (Hospital Insurance) claims, and (2) 60 days for certain such submissions for one-day stays. Reduces from 4 to 3 fiscal years the maximum look-back period under the Medicare Integrity Program for the audit and recovery activities of recovery audit contractors.
United States · United States Congress · 12 June 2013
Access to Professional Health Insurance Advisors Act of 2013 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.
United States · United States Congress · 11 June 2013
Preserving Access to Orphan Drugs Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to exclude any drug or biological product which is approved or licensed by the Food and Drug Administration (FDA) for marketing solely for one or more rare diseases or conditions (orphan drug) from the annual fee on manufacturers or importers with branded prescription drug sales exceeding $5 million. Makes this Act effective as if included in PPACA.
United States · United States Congress · 11 June 2013
Recognizes the Scaling Up Nutrition movement as a global partnership to support country-led efforts to improve maternal and child nutrition. Supports U.S. leadership to improve nutrition outcomes for pregnant and lactating women and young children. Calls on relevant federal agencies to consider developing a nutrition strategy to further coordination efforts to improve nutrition funding and outcomes across U.S. government global nutrition programs.
United States · United States Congress · 5 June 2013
Base Redevelopment and Indemnification Correction Act - Amends the National Defense Authorization Act for Fiscal Year 1993 to expand the indemnification responsibilities of the Department of Defense (DOD) with respect to transferred property at former military installations to include all military installations closed since October 24, 1988, the date of enactment of the Defense Authorization Amendments and Base Closure and Realignment Act.
United States · United States Congress · 3 June 2013
Coal Residuals Reuse and Management Act of 2013 - Amends the Solid Waste Disposal Act (SWDA) to authorize states to adopt and implement coal combustion residuals permit programs. Requires states that decide to implement such a program to: (1) certify that such program meets the specifications of this Act, and (2) maintain either an approved program or system for the disposal of hazardous waste from households or small quantity generators or an authorized state hazardous waste program. Requires the agency implementing such coal combustion residuals permit programs to apply the revised criteria established by this Act to owners or operators of structures that receive such residuals, including surface impoundments. Sets forth requirements for: (1) the certification, inspection, and evaluation of structures under such programs; (2) the preparation and maintenance of emergency action plans in the event of dam safety emergency for surface impoundments that pose a high hazard potential; and (3) the mitigation of such hazards. Authorizes a state agency responsible for implementing a program to require: (1) action to correct structural deficiencies according to a schedule, and (2) closure of a structure if such deficiencies are not corrected according to such schedule. Directs such agency to require each structure that first receives coal combustion residuals after this Act's enactment to be constructed with a base located a minimum of two feet above the upper limit of the water table, with specified exceptions. Directs such agency to require structures to address wind dispersal of dust by requiring cover or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids. Authorizes structure owners or operators to propose alternative methods that will provide comparable or more effective control of dust. Authorizes such agency to conduct or require monitoring and testing to ensure structure compliance with program requirements. Sets forth revised criteria for program structures with respect to: (1) design, groundwater monitoring, corrective action, closure, and post-closure care; (2) location restrictions in floodplains, wetlands, fault areas, seismic impact zones, and unstable areas; (3) air quality; (4) financial assurance; (5) surface water; and (6) record keeping. Sets forth revised criteria for: (1) run-on and run-off control systems for landfills and other land-based units other than surface impoundments that receive coal combustion residuals; and (2) run-off control systems for surface impoundments that receive coal combustion residuals. Establishes deadlines for owners and operators to comply with such criteria. Requires such agency to issue a final permit incorporating the requirements of such program or deny an application within specified time frames. Authorizes owners and operators to continue to operate a structure until: (1) such deadlines are in effect; and (2) such agency issues a final permit incorporating the requirements of such program or a final denial for an application submitted requesting such a permit, if such structure meets such criteria. Sets forth: (1) closure requirements for surface impoundments if they do not have specified liner systems and do not meet specified design criteria for municipal solid waste landfills, and (2) deadlines for compliance with the groundwater protection standard for structures subject to corrective action. Requires the time period and method for a structure's closure to be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the site-specific characteristics of such structure. Directs the closure plan for a surface impoundment to require the removal of liquid and the stabilization of remaining waste as necessary to support the final cover. Requires the Administrator of the Environmental Protection Agency (EPA) to provide a state with notice of, and an opportunity to remedy, deficiencies with respect to meeting program requirements. Establishes: (1) conditions under which the Administrator shall implement such a program for a state, and (2) requirements for implementation or resumption of a program by a state for which the Administrator is implementing a program. Prohibits such a program from applying to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. Prohibits this Act from being construed to alter the EPA's regulatory determination, entitled "Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels," that the fossil fuel combustion wastes addressed do not warrant regulation as hazardous waste under SWDA.
United States · United States Congress · 23 May 2013
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Jack Nicklaus in recognition of his service to the nation in promoting excellence and good sportsmanship. Directs the Secretary of the Treasury to strike such gold medal and to strike and sell duplicate bronze medals at a price sufficient to cover the costs of the gold and bronze medals.
United States · United States Congress · 20 May 2013
Revises requirements for the non-rural area wage index floor in the formula for the national adjusted diagnosis-related group (DRG) prospective payment rate used in calculating payments under title XVIII (Medicare) of the Social Security Act for each inpatient hospital discharge in a fiscal year involving inpatient hospital services of a subsection (d) hospital. (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 Secretary of Health and Human Services (HHS), in the case of discharges occurring on or after October 1, 2013, to apply budget neutrality, under the Balanced Budget Act of 1997 and related regulations, on a state-specific rather than national basis in the calculation of the Medicare hospital wage index floor, including a minimum wage index, for each non-rural area, using a specified methodology as if it had been fully implemented for FY2011 using a 100% state-specific adjustment to the area wage index. Declares that nothing in this Act shall be construed as preventing the Secretary, for discharges occurring on or after October 1, 2014, from modifying related regulations in carrying out budget neutrality requirements. Amends the Patient Protection and Affordable Care Act to end the application of budget neutrality on a national basis in the calculation of the Medicare hospital wage index floor as of October 1, 2013.
United States · United States Congress · 17 May 2013
Amends the Employee Retirement Income and Security Act of 1974 (ERISA) to exclude appraisers of employee stock ownership plans (ESOPs) from the meaning of a fiduciary subject to ERISA.
United States · United States Congress · 16 May 2013
Kids First Research Act of 2013 - Amends the Internal Revenue Code to terminate: (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. Redesignates the Presidential Election Campaign Fund as the 10-Year Pediatric Research Initiative Fund. Makes amounts in the Fund available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Requires deposit into the Treasury general fund of any amounts in the Pediatric Research Initiative Fund that remain unobligated on October 1, 2024. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $13 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than making grants for pediatric research described in this Act.
United States · United States Congress · 16 May 2013
Keep the IRS Off Your Health Care Act of 2013 - Prohibits the Secretary of the Treasury, or any delegate of the Secretary, from implementing or enforcing any provisions of or amendments made by the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010.
United States · United States Congress · 16 May 2013
Expanding Patients' Access to Quality Care Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) the limitation on certain physician referrals to hospitals in which the physician or an immediate family member has an ownership or investment interest exceeding a specified amount; and (2) the rural provider and hospital exception to the physician ownership or investment prohibition. Extends the rural provider and hospital exception to hospitals that were under construction or development as of December 30, 2010, and hospitals in financial distress. Defines "financial distress" for a cost reporting period as one in which a hospital has had an overall negative combined Medicare inpatient prospective payment system and outpatient prospective payment system operating margin for the most recent three consecutive cost reporting periods for which data are available. Eliminates the process for applying for such an exception for expansions of hospital facility capacity. Limits increases in facility capacity to those hospitals that have had a previous increase.
United States · United States Congress · 15 May 2013
Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to: (1) create an exception to Medicare secondary payer requirements for certain workers' compensation settlement agreements, and (2) provide for the satisfaction of such requirements through use of qualified Medicare set-asides under such agreements.
United States · United States Congress · 14 May 2013
No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.) Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Thus making permanent existing federal policies.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes an abortion from such prohibitions if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.
United States · United States Congress · 8 May 2013
Biennial Budgeting and Enhanced Oversight Act of 2013 - Amends the Congressional Budget Act of 1974 (CBA) to require: (1) biennial (instead of annual) budget resolutions, (2) biennial appropriations Acts, and (3) biennial government strategic and performance plans. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Makes conforming amendments to the Rules of the House of Representatives, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and the CBA.
United States · United States Congress · 8 May 2013
Pro-Growth Budgeting Act of 2013 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis (or a technical appendix to it) to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts.
United States · United States Congress · 8 May 2013
International Child Support Recovery Improvement Act of 2013 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to use the authorities otherwise provided by law to ensure U.S. compliance with any multilateral child support convention to which the United States is a party. Authorizes access to the Federal Parent Locator Service (FPLS) by an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country (for which the 2007 Family Maintenance Convention is in force) so that foreign reciprocating countries will be notified of the state of residence of individuals sought for support enforcement. Gives the state the option to require individuals applying for services relating to establishment of paternity or child support obligations who reside in a foreign reciprocating country or foreign treaty country to apply for such services with respect to a child through the Central Authority for child support enforcement in the foreign country. Allows the state to accept or reject the application of any individual residing in a foreign country that is not a foreign reciprocating country or a foreign treaty country. Directs the Secretary of HHS to designate: (1) a nonproprietary and interoperable data exchange standard for any category of information required to be reported under SSA title IV part D, and (2) data exchange standards to govern reporting of such data. Increases from 24 to 48 months the length of time information entered into the data base maintained by the National Directory of New Hires shall remain before being deleted. Revises the authority of the Secretary of HHS to provide access to data in each component of the FPLS and to information reported by employers for certain research purposes. Limits such research to any undertaken by a state or federal agency for purposes likely to contribute to achieving the purposes of SSA title IV part A (Temporary Assistance for Needy Families) (TANF) or in SSA title IV part D. Authorizes the Secretary to provide access also for an evaluation or statistical analysis to assess the effectiveness of a federal program in achieving positive labor market outcomes (including through grant or contract) by specified federal departments and entities. Reverses the current prohibition against personal identifiers in such research to allow them if certain requirements are met.
United States · United States Congress · 8 May 2013
Safe Building Code Incentive Act of 2013 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster. Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act. Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment.
United States · United States Congress · 7 May 2013
Requires the Inspector General of the Department of Defense (DOD), the Department of Homeland Security (DHS) with respect to the Coast Guard, or any of the military departments to investigate allegations of retaliatory personnel actions taken in response to making protected communications to such Inspector General regarding alleged instances of rape, sexual assault, or other forms of sexual misconduct in violation of the Uniform Code of Military Justice.
United States · United States Congress · 7 May 2013
Email Privacy Act - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to any governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider. Revises provisions under which the government may require, pursuant to a warrant, the disclosure by such a provider of the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were stored for fewer than, or more than, 180 days. Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide the customer a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity. Provides that nothing in this Act shall be construed to limit the authority of a governmental entity to use an administrative or civil discovery subpoena to: (1) require an originator or recipient of an electronic communication to disclose the contents of such communication to the governmental entity; or (2) require an entity that provides electronic communication services to employees or agents of the entity to disclose the contents of an electronic communication to or from such employee or agent to a governmental entity if the communication is held, stored, or maintained on an electronic communications system owned or operated by the entity. Authorizes a governmental entity that is: (1) seeking a warrant for the contents of communications to include in the application a request for an order delaying the notification required for up to 180 days, in the case of a law enforcement agency, or up to 90 days, in the case of any other governmental entity; and (2) obtaining the contents of a communication, or information or records, to apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive is directed not to notify any other person of the existence of the directive for up to 180 days, in the case of of a law enforcement agency, or up to 90 days, in the case of any other governmental entity. Provides for extensions. Requires service providers, after such extension, to provide the government three business days' notice of their intent to inform a customer or subscriber that the provider has disclosed the individual's electronic communications information to the government. Directs the Comptroller General to report to Congress by September 30, 2015, regarding the disclosure by electronic communication service providers of customer communications and records, including an analysis and evaluation of such disclosure under provisions: (1) as in effect before the enactment of this Act, and (2) as amended by this Act.
United States · United States Congress · 3 May 2013
Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials to facilitate the use of, and access to, federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, sport hunting, and recreational shooting, except as limited by: (1) statutory authority that authorizes or withholds action for reasons of national security, public safety, or resource conservation; (2) any other federal statute that specifically precludes recreational fishing, hunting, or shooting on specific federal public lands or waters; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable. Requires Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, to be open to recreational fishing, hunting, and shooting unless the managing agency acts to close such lands to such activity for purposes of resource conservation, public safety, energy production, water supply facilities, or national security. Requires the heads of federal agencies to use their authorities to: (1) lease their lands or permit use of their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Sets forth requirements for a permanent or temporary withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands for fishing or hunting or related activities.
United States · United States Congress · 26 April 2013
North Korea Sanctions Enforcement Act of 2013 - Directs the President to investigate credible information of sanctionable activities involving North Korea and to designate and apply sanctions with respect to any person (referred to as a "designated person" and includes business entities, nongovernmental organizations, and governmental entities operating as business enterprises) the President determines is knowingly: contributing, through the export to or import from North Korea of any goods or technology, to the use, development, production, stockpiling, or acquisition of nuclear, radiological, chemical, or biological weapons, or any device or system designed to deliver such weapons; exporting, or facilitating the export of, defense articles and services to North Korea, or from North Korea to any other country; exporting, or facilitating the export of, any luxury goods to North Korea; providing, selling, leasing, registering, or reflagging a vessel, aircraft, or other conveyance, or providing insurance or any other shipping or transportation service used to transport goods to or from North Korea, for purposes of facilitating a specified unlawful activity or evading a regulation established under this Act or the International Emergency Economic Powers Act (IEEPA); transferring, paying, exporting, withdrawing, or otherwise dealing with any property or interest in property of the government of North Korea for purposes of facilitating such unlawful activity or evading such regulations; engaging in or facilitating censorship by North Korea; or committing or facilitating a serious human rights abuse by North Korea. Directs the President to designate and exercise IEEPA authorities with respect to the government of North Korea as well as any person or foreign government the President determines has been: listed or sanctioned under any regulation, specified executive order, or the IEEPA for illicit activities or activities concerning North Korea's proliferation of weapons of mass destruction; sanctioned under U.N. Security Council resolutions concerning North Korea's proliferation of weapons of mass destruction; or convicted of a criminal offense for engaging in sanctionable activities. Authorizes the President to exercise IEEPA authorities with respect to any foreign government or financial institution the President determines to be: engaging in sanctionable activities involving North Korea; failing to freeze funds, assets, or economic resources of a person designated pursuant to the requirements above or that could be used to facilitate sanctionable activities relating to imports or exports; failing to monitor import and export transactions appropriately; permitting any North Korean financial institution to open any new branches, offices, or joint ventures within its jurisdiction, or to take an ownership interest in, or establish or maintain a correspondent relationship with any bank in its jurisdiction, if it could be used to facilitate sanctionable import or export activities; failing to prohibit transfers of bulk cash to and from North Korea in facilitation of sanctionable import or export activities; providing public financial support for trade with North Korea to facilitate such import or export activities; or facilitating the use of any proceeds of the bribery of North Korean government officials, or the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, such officials. Sets forth civil and criminal penalties under the IEEPA. Establishes the North Korea Enforcement and Humanitarian Fund in which assets subject to criminal, civil, or administrative forfeiture or penalties are to be deposited for the enforcement of this Act and to carry out humanitarian activities under the North Korea Human Rights Act of 2004. Expresses the sense of Congress that the government of North Korea should be treated as a primary money laundering concern that may be required to undertake special measures with respect to the recordkeeping and reporting of certain financial transactions as well as the identification of customers or retention of information relating to certain beneficial ownership, payable-through, or correspondent accounts. Directs the Secretary of the Treasury to require domestic financial institutions to apply special measures to certain designated entities. Directs domestic financial institutions to terminate various accounts maintained for persons, foreign governments, or financial institutions required to be designated as engaging in sanctionable activity under this Act and for foreign financial institutions providing services to such designated entities. Prohibits a designated person that is a domestic financial institution from serving as a primary dealer in U.S. debt instruments or as a repository for U.S. funds. Sets forth authority for the President to prohibit certain foreign exchange and banking transactions, revoke transaction licenses, and direct the Secretary of State to deny visas to designated aliens. Permits the President to impose sanctions against persons providing specialized financial messaging services to designated North Korean financial institutions. Requires a validated license for exports to North Korea under the Export Administration Act of 1979. Prohibits munitions and defense articles from being provided to North Korea under the Arms Export Control Act regardless of whether it is designated as a state sponsor of terrorism. Bars U.S. government contracts from being provided to designated persons. Authorizes the seizure or forfeiture of vessels or aircraft used to facilitate sanctionable activities. Directs the President to withhold assistance to the governments of countries providing defense articles or services to North Korea or receiving such articles or services from North Korea. Sets forth exceptions to designations under this Act and authorizes the President to waive designations and sanctions, for a period of up to one year, upon the President's submission to Congress of a determination that the waiver: protects vital U.S. economic and national security interests, benefits entities cooperating with investigations, and addresses humanitarian aid considerations while meeting other specified standards. Permits the President to temporarily suspend sanctions with a certification to Congress under specified circumstances and to prescribe rules for removing sanctions. Directs issuers of financial securities regulated by the Securities and Exchange Commission (SEC) to disclose activities relating to North Korea in annual and quarterly reports. Authorizes state and local governments to divest assets and prohibit investments in companies that invest in North Korea. Exempts North Korea from the jurisdictional immunity of foreign states, thereby enabling plaintiffs to seek certain damages against North Korea regardless of whether it is designated as a state sponsor of terrorism.
United States · United States Congress · 26 April 2013
Preserving Access to Manufactured Housing Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs). Excludes from the meaning of "mortgage originator," instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of "high cost mortgage."
United States · United States Congress · 26 April 2013
Equitable Access to Care and Health Act or the EACH Act - Amends the Internal Revenue Code, with respect to minimum essential health care coverage requirements added by the Patient Protection and Affordable Care Act, to allow an additional religious exemption from such requirements for individuals whose sincerely held religious beliefs would cause them to object to medical health care provided under such coverage. Defines "medical health care" to mean voluntary health treatment by or supervised by a medical doctor that would be covered under minimum essential coverage that: (1) includes voluntary acute care treatment at hospital emergency rooms, walk-in clinics, or similar facilities; and (2) excludes treatment not administered or supervised by a medical doctor, physical examinations or treatment required by law or third parties, and vaccinations.
United States · United States Congress · 26 April 2013
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods. Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports.
United States · United States Congress · 26 April 2013
Amends the Patient Protection and Affordable Care Act (PPACA) to restrict the health plans that the federal government may make available to the President, Vice-President, or federal employees to a health plan either created under PPACA or offered through a health care exchange established under PPACA. (Currently, such restriction applies to Members of Congress and congressional staff.)
United States · United States Congress · 25 April 2013
Community Lending Enhancement and Regulatory Relief Act of 2013 or CLEAR Relief Act of 2013 - Directs the Board of Governors of the Federal Reserve System (Board) to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on the Assessment of Financial and Managerial Factors that: (1) apply the policy to bank holding companies having pro forma consolidated assets of less than $5 billion (adjusted annually), no engagement in nonbanking activities involving significant leverage, and no significant amount of outstanding debt; and (2) increase from 1.1 to 3.1 the debt-to-equity ratio allowable for a small bank holding company in order to retain its eligibility both to pay a corporate dividend and to implement expedited processing procedures under Regulation Y of the Board. Amends the Truth in Lending Act (TILA) to require the Board to exempt from certain escrow or impound requirements a loan secured by a first lien on a consumer's principal dwelling if the loan is held by a creditor with assets of $10 billion or less. Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices regarding disclosures of nonpublic personal information from those disclosed in the most recent disclosure sent to consumers. Amends the Securities Act of 1933 to direct the Securities and Exchange Commission (SEC) to conduct cost-benefit analyses of certain new or amended generally accepted accounting principles. Requires the SEC to determine, as a prerequisite to recognition of such new or amended principles, whether the benefits to investors significantly outweigh the costs. Amends the Sarbanes-Oxley Act of 2002 to exempt community banks having total assets on a consolidated basis of $10 billion or less from mandatory annual management assessment of internal controls. Amends TILA to: (1) add to the definition of a qualified residential mortgage loan that it is originated and retained in a portfolio for at least three years by a creditor having less than $10 billion total assets, and (2) redefine a balloon loan that is a "qualified mortgage" to specify a balloon loan extended by a creditor that originates and retains balloon loans in a portfolio for at least three years, and, together with all affiliates, has total assets of $10 billion or less. Amends the Real Estate Settlement Procedures Act of 1974 to direct the Consumer Financial Protection Bureau (CFPB) to provide either exemptions or adjustments from the mortgage loan servicing and escrow account administration requirements of the Act for servicers of 20,000 or fewer mortgage loans. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require federal financial institutions regulatory agencies to establish a $250,000 threshold level at or below which a certified or licensed appraiser is not required to perform appraisals in connection with federally related transactions. Declares that, if an order to request for the transfer of funds (entry) is received via an automate clearing house, a receiving depository financial institution shall not be required to verify that the entry is not a prohibited transaction if the originating depository financial institution has warranted its compliance with the sanctions programs administered by the Office of Foreign Assets Control in connection with the entry.
United States · United States Congress · 24 April 2013
Medicare DMEPOS Market Pricing Program Act of 2013 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to establish a market pricing program for durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) as a replacement for the competitive acquisition program, which is terminated as of December 31, 2013. Terminates contracts awarded before enactment of this Act on July 1, 2013. Prescribes requirements for transitional payments for items and services, including payments for diabetic supplies and off-the-shelf orthotics, in areas designated for rounds 1 and 2 of the erstwhile phase-in of the competitive acquistion program, as well as during the initial two-year period of the market pricing program. Directs the Secretary to: (1) conduct market-priced auctions in eligible auction areas throughout the United States for the furnishing of market priced items and services, (2) establish an auction design through a specified process and meeting certain requirements, and (3) ensure that the first auction will be conducted for all eligible auction areas not later than 14 months after contracting with an auction expert. Directs the Secretary to: (1) select a combination of two categories of items and services for each auction, (2) establish a lead product for each product category, (3) establish for each market priced item and service a clearing price equal to the highest cost bid that will meet capacity targets in the market area, (4) award a contract to any entity in an auction's eligible market area whose bid is at or below the clearing price, and (5) monitor the performance of suppliers that are awarded a contract to ensure their compliance with certain requirements. Requires the Secretary, through the Office of the Assistant Secretary for Planning and Evaluation, to contract with an auction expert and a market monitor to assist in the design, development, implementation, and functioning of the auction. Requires the market monitor, on an ongoing basis, also to monitor suppliers and the effects of the market pricing program. Rescinds unobligated balances of all discretionary appropriations for each fiscal year (except those for accounts, programs, projects and activities operated by the Department of Defense [DOD] or the Department of Veterans Affairs [VA]) in an amount necessary to make this Act budget neutral for such fiscal year.
United States · United States Congress · 18 April 2013
Building Rural Communities Act - Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture (USDA) to make grants to rural area-serving public bodies and private nonprofit corporations for technical assistance and training to: (1) assist communities in identifying and planning for community facility needs; (2) identify public and private financial resources; (3) prepare financial assistance applications and related documents; (4) improve management, including financial management; or (5) assist with other areas of need identified by the Secretary. Gives priority to private nonprofit organizations that have experience in providing technical assistance and training to rural entities.
United States · United States Congress · 18 April 2013
Medical FSA Improvement Act of 2013 - Amends the Internal Revenue Code to allow amounts in a flexible spending arrangement (FSA) that are not spent for medical care to be distributed to the FSA participant as taxable income after the close of a plan year (currently, such unspent amounts are forfeited). Includes such FSAs in the definition of tax-exempt cafeteria plans.
United States · United States Congress · 15 April 2013
Concrete Masonry Products Research, Education, and Promotion Act of 2013 - Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete). Requires any such order to provide for the establishment of a Concrete Masonry Products Board, which shall carry out a program of promotion, research, and information regarding concrete products. Requires manufacturers and importers to maintain, and make available, specified records. Requires any such order to provide that assessments shall be paid by concrete manufacturers with respect to concrete manufactured and marketed in the United States. Provides assessment rates. Requires at least 50% of the assessments paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval among the manufacturers required to pay assessments under the order. Outlines referendum procedures. Provides for petition and review of an order, and order enforcement through U.S. district courts. Authorizes the Secretary to conduct appropriate investigations in order to administer this Act (with power of subpoena). Directs the Secretary to suspend or terminate any order or provision that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.
United States · United States Congress · 15 April 2013
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 11 April 2013
Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to declare that for any month that an individual is entitled to unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. States that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month.
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 · 11 April 2013
Pest Free Food Supply Act - Requires the Administrator of the Environmental Protection Agency (EPA) to withdraw the proposed order published in the January 19, 2011, Federal Register that would phase out the authorized fluoride tolerances for the pesticide sulfuryl fluoride (resulting in the substance no longer meeting the safety standard under the Federal Food, Drug, and Cosmetic Act).
United States · United States Congress · 10 April 2013
Military Mental Health Empowerment Act - Directs the Secretaries of the military departments to ensure that information concerning the availability of mental health services to members of the Armed Forces (members), as well as privacy rights related to the receipt of such services, is provided to: (1) each officer candidate during initial training, (2) each recruit during basic training, and (3) each other member at such time as the Secretary of Defense (DOD) considers appropriate. Requires each department Secretary to: (1) seek to eliminate perceived stigma associated with seeking and receiving mental health services, and (2) promote the use of such services on a basis comparable to the use of other medical and health services. Directs the Secretary of Defense to ensure that the above information is also provided to current members, including members of the reserve components.
United States · United States Congress · 10 April 2013
RFS Reform Act of 2013 - Amends the Clean Air Act to revise the renewable fuel program. Requires "renewable fuel," beginning on January 1, 2014, to be advanced biofuel. Revises the renewable fuel standards by: (1) decreasing the volume of renewable fuel that is required to be contained in gasoline sold or introduced into commerce in the United States in 2014 through 2022; and (2) eliminating the separate advanced biofuel volume requirements for those years. Requires the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel production in the next year, to determine for each cellulosic biofuel production facility: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31 of the current year, and (2) the estimated annualized volume of biofuel production for such facility for the current year. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. Prohibits the Administrator of the Environmental Protection Agency (EPA) from allowing the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. Nullifies waivers from requirements for new fuels and fuel additives that were granted before this Act's enactment and that allow the introduction of such gasoline for use in motor vehicles. Nullifies portions of the rule entitled, "Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs."
United States · United States Congress · 9 April 2013
Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time. Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.
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