United States · United States Congress · 15 January 2013
Stolen Valor Act of 2013 - Amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of: a Congressional Medal of Honor, a distinguished-service cross, a Navy cross, an Air Force cross, a silver star, a Purple Heart, a Combat Infantryman's Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, a Combat Action Medal, or any replacement or duplicate medal for such medal as authorized by law.
United States · United States Congress · 15 January 2013
John Tanner Fairness and Independence in Redistricting Act - Prohibits a state that has been redistricted after an apportionment from being redistricted again until after the next apportionment of Representatives, unless the state is ordered by a court to conduct such a subsequent redistricting in order to: (1) comply with the U.S. Constitution, or (2) enforce the Voting Rights Act of 1965. Requires such redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court. Prescribes requirements for: (1) establishment of a state independent redistricting commission (including provisions for holding each of its meetings in public and maintaining a public Internet site); (2) development of a redistricting plan (including soliciting and considering public comments) and its submission to the state legislature (with public notice of plans at least seven days prior to such submission); (3) selection of a plan, under specified conditions, by the state's highest court or the U.S. district court for the district in which the capital of the state is located; (4) special rules for redistricting conducted under a federal court order; and (5) Election Assistance Commission payments to states for carrying out redistricting.
United States · United States Congress · 15 January 2013
Retired Pay Restoration Act - Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 15 January 2013
Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act - Amends the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 to require such stamp to be: (1) made available to the public for an additional four years; and (2) offered in a a choice of five versions depicting an African or Asian elephant, a rhinoceros, a tiger, a marine turtle, or a great ape.
United States · United States Congress · 15 January 2013
Grassroots Democracy Act of 2013 - Amends the Internal Revenue Code to allow a refundable credit of up to $25 ($50 in the case of a joint return), adjusted for inflation, for qualified grassroots federal congressional campaign contributions paid by the taxpayer during the taxable year. Directs the Grassroots Democracy Advisory Commission (GDAC, established by this Act) to establish a pilot program under which a qualified individual shall be provided with a "Grassroots Democracy Coupon" during the election cycle, which will be assigned a routing number and, at the individual's option, provided in either paper or electronic form. Authorizes the individual to: (1) submit the Coupon, using the routing number, in either electronic or paper form to qualified federal election candidates, and (2) allocate portions of the Coupon's value in $5 increments to a candidate (up to a maximum of $50 per candidate). Requires the GDAC to pay the candidate who transmits the Coupon to it the portion of the Coupon's value that the individual allocated to the candidate, which shall be considered a contribution under the Federal Election Campaign Act of 1971 (FECA). Amends FECA with respect to: (1) benefits for participating congressional candidates; (2) Federal Election Commission (FEC) payments to such candidates; (3) candidate use of payments; (4) qualified grassroots contribution, expenditure, and fundraising requirements; (5) certification of participating congressional candidates; (6) campaign administration; (7) prevention of the unnecessary spending of public funds; (8) remittal to the Grassroots Democracy Fund of unspent funds after an election; (9) eligibility of participating candidates for payments; (10) establishment of the Grassroots Democracy Fund in the Treasury and of a Grassroots Democracy Advisory Commission in the FEC; and (11) civil penalties for violation of contribution and expenditure requirements. Prohibits use of contributions by a participating candidate for any purposes other than an election campaign. Revises bundler disclosure requirements to repeal a specified exception and so require disclosure of persons who provided bundled contributions to the reporting committee. Extends from 60 days before a general, special, or runoff election to 120 days before such an election the period for treatment of communications as electioneering communications. Creates user fees, payable to the FEC, for candidate-designated political committees and bundlers. Amends FECA to empower the FEC to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action to enforce the Act. Requires all political committee designations, statements, and reports required to be filed under FECA to be filed: (1) directly with the FEC, and (2) in electronic form accessible by computers. Reduces from 48 hours to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet. Amends the Internal Revenue Code to repeal: (1) the alternative tax on political organizations that have net capital gains for the taxable year; and (2) the treatment as tax-exempt functions of proceeds from a political fundraising or entertainment event, from the sale of political campaign materials not received in the ordinary course of trade or business, or from any bingo game. Revises the formula limiting the amount included in the gross income of a tax-exempt organization that expends funds for an exempt function of a political committee. Repeals the application of graduated tax rates for principal campaign committees (thus applying the highest rates to such committees). Allows an individual to designate a specified portion of any overpayment of tax as a contribution to the Grassroots Democracy Fund. Amends the Communications Act of 1934 to set a station's lowest unit price for preemptible use as the charge for a broadcast by the national committee of a political party for an affiliated candidate. Authorizes the FEC to revoke a broadcast station license or construction permit only for at least three willful failures to allow reasonable access to, or to permit purchase of reasonable amounts of time for the use of, a broadcasting station by a legally qualified candidate for federal office.
United States · United States Congress · 15 January 2013
Public Option Deficit Reduction Act - Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to offer through Exchanges a health benefits plan (public health insurance option) that ensures choice, competition, and stability of affordable, high-quality coverage throughout the United States. Declares that the Secretary's primary responsibility is to create a low-cost plan without compromising quality or access to care. Sets forth provisions related to the establishment and governance of the public health insurance option, including that such plan: (1) may be made available only through Exchanges; (2) must comply with requirements applicable to other health benefits plans offered through such Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost sharing; and (3) must offer bronze, silver, and gold plan levels. Requires the Secretary to: (1) establish an office of the ombudsman for the public health insurance option, (2) collect such data as may be required to establish premiums and payment rates, (3) establish geographically adjusted premiums at a level sufficient to fully finance the costs of the health benefits provided and administrative costs related to the operation of the plan, and (4) establish payment rates and provide for greater payment rates for the first three years. Requires repayment of start-up costs for the public health insurance option. Authorizes the Secretary to utilize innovative payment mechanisms and policies to determine payments for items and services under the public health insurance option.
United States · United States Congress · 15 January 2013
Muhammad Ali Legacy Act - Directs the Secretary of State to award grants to one or more eligible organizations that: (1) are established to promote global respect, understanding, and communication and to encourage character and leadership development world-wide; and (2) demonstrate a commitment to preserving the legacy of Muhammad Ali.
United States · United States Congress · 15 January 2013
New Columbia Admission Act - Sets forth procedures for admission into the United States of the state of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution, and (2) issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to state offices. Provides that New Columbia shall consist of all territory of the District as of the enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Prohibits New Columbia from imposing taxes on federal property except as provided by Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Maintains: (1) the District of Columbia as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. Requires each state that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23rd amendment (which provides for the appointment of electors for President and Vice President for the District).
United States · United States Congress · 15 January 2013
Full Faith and Credit Act of 2013 - Repeals public debt limit requirements. Limits the issuance of obligations for the public debt only to fund commitments incurred by the federal government that require current funding. (Thus eliminates the statutory cap on the public debt.)
United States · United States Congress · 15 January 2013
Empowering Citizens Act - Amends the Internal Revenue Code and the Federal Election Campaign Act of 1971 to revise the system of public financing for presidential primary and general elections occurring after January 1, 2014, and to establish a system of public financing for congressional elections. Increases the amount of matching funds for presidential primaries from a one-to-one match to a five-to-one match for contributions of $250 or less from individuals. Limits the total amount of payments to a primary candidate to $100 million. Provides for an inflation adjustment to matching contributions beginning after 2013. Requires presidential primary candidates who opt to participate in the public financing system to certify to the Federal Election Commission (FEC) that they have raised $25,000 (currently, $5,000) in each of 20 states, with individual contributions limited to $250. Requires such candidates to commit to accept public financing in both the primary and general elections. Limits contributions to presidential primary candidates who participate in the public financing system to $1,250 from individual contributors (currently, $2,500). Prohibits primary candidates from accepting contributions or bundled contributions (i.e., combining small contributions into one large contribution) from lobbyists or political action committees (PACs). Eliminates expenditure limitations for presidential primary and general elections. Changes the period for payment of matching funds to presidential primary candidates from January 1 of the election year to six months prior to the date of the earliest state primary election. Revises general election payment provisions to allow a grant of $50 million to candidates and an additional $150 million in matching funds based upon a five-to-one match of contributions raised after June 1 of the general election year from individual donors giving up to $250 each. Increases to $50 million the limit on coordinated spending by a national party and its presidential candidate in a general election campaign. Eliminates public financing for national party conventions. Allows individual contributions up to $25,000 in each four-year presidential election cycle to pay for national party convention costs. Prohibits the use of unregulated funds (soft money) to pay for national party convention costs. Provides for public financing of congressional election campaigns. Establishes the Empowering Citizens Payment Account in the Presidential Election Campaign Fund to finance congressional election campaigns. Increases from $3 to $20 ($6 to $40 for joint returns) the tax check-off for contributions to the Presidential Election Campaign Fund. Directs the Secretary of the Treasury to prescribe regulations to ensure that approved tax preparation software does not automatically accept or decline a check-off of contributions for the public financing system. Directs the FEC to issue regulations on best efforts for identifying persons making contributions to political committees. Prohibits an authorized committee of a candidate from establishing a joint fundraising committee with a political committee other than an authorized committee of a candidate. Revises reporting requirements for the disclosure of bundled contributions by lobbyists and to presidential campaigns. Sets forth rules for judicial review of campaign finance laws and FEC actions.
United States · United States Congress · 15 January 2013
Fair Elections Now Act - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to: candidate benefits of fair elections financing of House of Representatives election campaigns; allocations to candidates from the Fair Elections Fund established by this Act; 500% matching payments to candidates for certain small dollar contributions; Fund allocation eligibility requirements; certification of a federal election candidate as a participating candidate; contribution, expenditure, and fundraising requirements; a public debate requirement; remission to the Fair Elections Fund of unspent funds after an election; establishment of the Fair Elections Fund and of a Fair Elections Oversight Board; civil penalties for violation of contribution and expenditure requirements; and transfer of a portion of collected civil money penalties into the Fair Elections Fund. Prohibits: (1) use of contributions by a participating candidate for any purposes other than an election campaign, and (2) establishment of joint fundraising committees with any political committee other than a candidate's authorized committee. Prescribes a limitation on coordinated expenditures by political party committees with participating candidates. Amends FECA to empower the Federal Election Commission (FEC) to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action. Requires all designations, statements, and reports required to be filed under FECA to be filed: (1) directly with the FEC, and (2) in electronic form accessible by computers. Reduces from 48 hours to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet.
United States · United States Congress · 4 January 2013
Directs the Secretary of Defense (DOD) to provide transportation on scheduled and unscheduled military flights within the United States and on scheduled overseas flights on a space-available basis for veterans with a service-connected, permanent disability rated as total.
United States · United States Congress · 4 January 2013
Responsible End to the War in Afghanistan Act - States that it is the policy of the United States to ensure that funds made available for operations of the Armed Forces in Afghanistan are to be used only for providing for the safe and orderly withdrawal of all U.S. military personnel and Department of Defense (DOD) contractor personnel in Afghanistan. Allows such funds to be obligated and expended only for such purpose.
United States · United States Congress · 3 January 2013
Udall-Eisenhower Arctic Wilderness Act - Declares the policy of the United States concerning protection and preservation of the wilderness ecosystem of the Arctic coastal plain. Designates specified lands within Alaska in the Arctic National Wildlife Refuge (ANWR) as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 3 January 2013
Military Surviving Spouses Equity Act - 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 who would be entitled to retired pay except for being under 60 years of age. Prohibits requiring repayment 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 · 3 January 2013
Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2013 or DISCLOSE 2013 Act - Amends the Federal Election Campaign Act of 1971 to redefine the term "independent expenditure" as an expenditure by a person that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidates, qualifications, or fitness for office. Expands the period during which certain communications are treated as electioneering communications. Prescribes: (1) disclosure requirements for corporations, labor organizations, and certain other entities; and (2) disclaimer requirements for campaign-related disbursements and for certain communications. Requires any communication transmitted through radio or television to include an individual or organizational disclosure statement, together with: (1) the Top Two Funders List of the persons providing the largest and second largest aggregate payments of $10,000 or more for a radio communication, and (2) the Top Five Funders List of the five persons providing the largest aggregate payments of $10,000 or more for a television communication. Repeals the prohibition against political contributions by individuals age 17 or younger. Requires a covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities to include in each report, in a clear and conspicuous manner, the information included in the statements it has filed about campaign-related disbursements the organization has made during the period covered by the report. Amends the Lobbying Disclosure Act of 1995 to require semiannual reports on certain election campaign contributions filed with the Secretary of the Senate or the Clerk of the House of Representatives by registered lobbyists (or persons or organizations required to register as lobbyists) to contain: (1) the amount of any independent expenditure of $1,000 or more made by each such person or organization, along with the name of each candidate being supported or opposed and the amount spent supporting or opposing that candidate; and (2) the amount of any electioneering communication of $1,000 or more made by such person or organization, along with the name of the candidate referred to in the communication and whether the communication involved was in support of or in opposition to the candidate.
United States · United States Congress · 3 January 2013
Large Capacity Ammunition Feeding Device Act - Amends the Brady Handgun Violence Prevention Act to prohibit: (1) the transfer or possession of a large capacity ammunition feeding device, except for such a device lawfully possessed within the United States on or before the date of this Act's enactment; and (2) the importation or bringing into the United States of such a device. Exempts: (1) the transfer or possession of such a device by a federal, state, or local agency or law enforcement officer; (2) certain transfers to licensees under the Atomic Energy Act of 1954; (3) possession of such a device transferred to an individual upon retirement from a law enforcement agency if such individual is not otherwise prohibited from receiving ammunition; and (4) the manufacture, transfer, or possession of such a device by a licensed manufacturer or importer for authorized testing or experimentation purposes. Sets penalties for violations. Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured after such enactment.
United States · United States Congress · 3 January 2013
Fix Gun Checks Act of 2013 - Amends the NICS Improvement Amendments Act of 2007 (NICS Act) to modify the periods during which penalties are applicable to states that do not make certain records pertaining to firearms eligibility electronically available to the National Instant Criminal Background Check System (NICBCS). Repeals provisions authorizing the Attorney General to waive certain penalties if a state provides substantial evidence that it is making a reasonable effort to provide such records. Directs the Attorney General to publish, and make available on a publicly accessible website, an annual report that ranks states by the ratio of number of records submitted by each state to the estimated total number of available records of the state. Amends the Brady Handgun Violence Prevention Act to: (1) require the head of each federal agency to submit to the Attorney General, biannually, a written certification indicating whether the agency has provided pertinent information contained in any agency record demonstrating that a person falls within a category of persons prohibited from possessing firearms under federal law; and (2) include a federal court as a federal department or agency, and require the Director of the Administrative Office of the U.S. Courts to perform the functions of a department or agency head, for purposes of such Act. Amends the federal criminal code to define the terms "adjudicated as a mental defective" and "committed to a mental institution" for purposes of federal firearms provisions. Prohibits an individual so adjudicated before the effective date of this Act from applying for relief from disability under the NICS Act on the basis that the individual does not meet the requirements under such definition. Prohibits a person who is not a licensed firearms importer, manufacturer, or dealer from transferring a firearm to, or receiving a firearm from, another unlicensed person, except: (1) through a licensed dealer, which shall conduct a background check through the NICBCS; and (2) after inspecting a permit that confirms that such background check has been conducted. Specifies exceptions, including for: (1) the transfer of a bona fide gift between immediate family members; (2) a transfer that occurs by operation of law or by an executor or trustee because of the death of another person; (3) a temporary transfer that occurs in the home of the unlicensed transferee who believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the transferee; and (4) certain temporary transfers without the transfer of title at a shooting range, at a shooting competition, or while hunting, fishing, or trapping. Prohibits an unlicensed transferee from receiving a firearm from an unlicensed transferor if the licensed dealer through which the transfer is made receives a notification from the NICBCS that the transfer is prohibited. Sets forth requirements for a licensed dealer that assists in such transfer, including requirements to: (1) notify the transferor and transferee of compliance with background check requirements and of the receipt of any notification from the NICBCS that a transfer is prohibited, and (2) report to the Attorney General on such a transfer and on transfers of two or more pistols and/or revolvers to the same unlicensed transferee during any five consecutive business days. Permits such dealer to assess a processing fee.
United States · United States Congress · 3 January 2013
Home Foreclosure Reduction Act of 2013 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income) to exclude from the computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the value of the residence is less than the applicable maximum amount of noncontingent, liquidated, secured debts; or (2) debts secured or formerly secured by the debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the property's value was less than the applicable maximum amount of noncontingent, liquidated, secured debts. Applies the credit counseling requirement to a Chapter 13 debtor who certifies receipt of notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on it. Requires the court to disallow a claim that is subject to any remedy for rescission under the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment. Permits a Chapter 13 bankruptcy plan to modify the rights of claim holders with respect to a claim for a loan originated before the effective date of this Act and secured by a security interest in the debtor's principal residence that is the subject of a foreclosure notice. Authorizes reduction of a claim secured by the debtor's principal residence, but only in specified circumstances, particularly if the debtor sells the residence. Permits a Chapter 13 bankruptcy plan to deny debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of the claim as reduced and modified, completion of all payments under the plan, or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith and the court does not find that the debtor has been convicted of obtaining by actual fraud the extension, renewal, or refinancing of credit that gives rise to a modified claim. Authorizes the court, upon request, to confirm a plan proposing a reduction in the interest rate on the loan secured by such security interest and that does not reduce the principal, if certain requirements are met. Excludes from the final discharge of a debtor from all debts any unpaid portion of such a claim as reduced. Amends the federal judicial code to prescribe standing trustee fees regarding certain payments received under a Chapter 13 bankruptcy plan. Instructs the Comptroller General to study: (1) the number of Chapter 13 debtors who filed, during the year following enactment of this Act, for the purpose of restructuring their principal residence mortgages; (2) the number of mortgages restructured under this Act that subsequently resulted in default and foreclosure; (3) a comparison between the effectiveness of mortgages restructured under programs outside of bankruptcy and mortgages restructured under this Act; (4) the number of cases presented to the bankruptcy courts where mortgages were restructured under this Act that were appealed; (5) the number of bankruptcy cases where mortgages were restructured under this Act that were overturned on appeal; (6) the number of bankruptcy judges disciplined as a result of actions taken to restructure mortgages under this Act; and (7) whether the amendments made by this Act should be amended to include a sunset clause. Directs the Comptroller General to conduct: (1) a comprehensive review of the effects of the amendments made by this subtitle on the bankruptcy court, (2) a survey of whether the program should limit the types of homeowners eligible for the program, and (3) whether such amendments should remain in effect.
United States · United States Congress · 3 January 2013
Protecting Employees and Retirees in Business Bankruptcies Act of 2013 - Amends federal bankruptcy law governing expenses and claims to increase to $20,000: (1) allowed unsecured claims in the fourth order of priority (wages, salaries, or commissions); and (2) the factor multiplied by the number of employees covered with respect to employee benefit plan contributions in the fifth order of priority. Includes within the scope of a claim in bankruptcy certain equity securities held in a defined contribution plan for the benefit of certain individuals, but only if an employer or plan sponsor who has commenced a case in bankruptcy has committed fraud regarding the plan or has otherwise breached a duty to the participant that has proximately caused the loss of value. Allows as an administrative expense of the estate: (1) severance pay owed to certain employees of the debtor for layoff or termination (which pay shall be deemed earned in full), and (2) damages as a result of violation of law by the debtor. Includes among prerequisites for confirmation of a business reorganization bankruptcy plan (Chapter 11) provision for: (1) recovery of damages payable for the rejection of a collective bargaining agreement, or other financial returns as negotiated by the debtor and the authorized representative; (2) continued payment of retiree benefits maintained or established by the debtor before the petition filing date if no modifications are made before confirmation of the plan; and (3) recovery of claims arising from the modification of retiree benefits or for certain financial returns, as negotiated by the debtor and the authorized representative. Revises requirements governing: (1) rejection of collective bargaining agreements; (2) payment of insurance benefits to retired employees, including benefit modifications proposed by the trustee; and (3) a trustee's administrative power to dispose of property. Requires the court, in approving a sale of business assets, to consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. Requires the bankruptcy court to allow certain claims asserted by an active or retired participant, or by a labor organization representing such participant, for any shortfall in pension benefits accrued as a result of the termination of the plan and limitations upon the payment of certain statutory benefits. States that, if employees have not received wages and benefits for services rendered on and after the date of the commencement of the case in bankruptcy, such unpaid obligations shall be deemed necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim and shall be recovered even if the trustee has otherwise waived certain provisions under an agreement with the holder of the allowed secured claim. Allows reduction of a debtor's time frame for filing a Chapter 11 bankruptcy plan in the event of: (1) the filing of a motion seeking rejection of a collective bargaining agreement if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time; or (2) the proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization, if such plan is reasonably likely to be confirmed within a reasonable time. Modifies requirements for confirmation of a Chapter 11 bankruptcy plan to prohibit approval of: (1) payments or other distributions for the benefit of insiders, senior executive officers, and certain highly compensated employees or consultants providing services to the debtor, except as part of those generally applicable to the debtor's employees if the court determines that such payments are not excessive or disproportionate compared to distributions to the debtor's nonmanagement workforce; and (2) insider compensation unless approved by the court as reasonable according to specified criteria. Restricts: (1) certain executive compensation enhancements as part of the allowance of administrative expenses; (2) trustee assumption of certain deferred compensation arrangements for the benefit of insiders, senior executive officers, or certain highly compensated employees of the debtor; and (3) trustee assumption of retiree benefits for insiders, senior executive officers, or certain highly compensated employees of the debtor if the debtor has obtained relief to impose reductions in retiree benefits, or health benefits of active employees of the debtor, or has reduced or eliminated health benefits for active or retired employees within 180 days before the date of the commencement of the case. Requires the court, where a debtor has obtained relief by which it reduces the cost of its obligations under a collective bargaining agreement or a retiree plan, fund, or program of retiree benefits, to determine before granting relief the percentage diminution in the value of the obligations when compared to the debtor's obligations under the collective bargaining agreement, or with respect to retiree benefits. Authorizes the trustee in bankruptcy to avoid a transfer made in anticipation of bankruptcy to or for the benefit of an insider, including certain consultants who were formerly insiders and who are retained to provide services to an entity that becomes a debtor. Grants a labor organization creditor status for purposes of filing a proof of claim. Declares that the filing of a petition for relief does not operate as an automatic stay of the commencement or continuation of a dispute resolution proceeding established by a collective bargaining agreement that was or could have been commenced against the debtor before the filing of a petition, including payment or enforcement of an award or settlement under such proceeding.
United States · United States Congress · 3 January 2013
Cameras in the Courtroom Act - Requires the Supreme Court to permit television coverage of all open sessions of the Court unless it decides by majority vote that allowing such coverage in a particular case would violate the due process rights of any of the parties involved.
United States · United States Congress · 3 January 2013
Fire Sale Loophole Closing Act - Amends the federal criminal code to make it unlawful for: (1) anyone whose federal license to import, manufacture, or deal in firearms has been revoked, or whose license renewal application has been denied, to transfer business inventory firearms into a personal collection or to an employee of such person or to receive a firearm that was a business inventory firearm as of the date of a revocation or renewal denial notice; and (2) anyone who has received a license revocation or renewal denial notice to transfer to any other person a firearm that was a business inventory firearm. Imposes a fine and/or prison term of not more than one year (five years for willful violations) for violations of this Act.
United States · United States Congress · 3 January 2013
Federal Prison Bureau Nonviolent Offender Relief Act of 2013 - Amends the federal criminal code to direct the Bureau of Prisons, pursuant to a good time policy, to release a prisoner who has served one half or more of his or her term of imprisonment if that prisoner: (1) has attained age 45; (2) has never been convicted of a crime of violence; and (3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.
United States · United States Congress · 3 January 2013
Return to Prudent Banking Act of 2013 - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from being an affiliate of any broker or dealer, investment adviser, investment company, or any other person or entity engaged principally in the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities. Prohibits officers, directors and employees of securities firms from simultaneous service on the boards of depository institutions, except in specified circumstances. Requires any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution to terminate such service as soon as practicable after enactment of this Act. Requires an insured depository institution to wind-down in an orderly manner and terminate any affiliation prohibited by this Act. Amends the Banking Act of 1933 (Glass-Steagall Act) to expand its prohibition against the transaction of banking activities by securities firms. Declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in the case of Investment Company Institute v. Camp ( ICI ) regarding permissible activities of banks and securities firms. Declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the FDIA as enacted by this Act. Prohibits a federal banking agency or federal court from issuing an interpretation regarding such security affiliations that is narrower than that of the Court in ICI . Makes technical and conforming changes to the Gramm-Leach-Bliley Act, the Revised Statutes of the United States, and specified federal law. Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate federal banking agency to report to Congress a detailed description of the basis for its decision each time it makes a determination or grants an extension concerning an affiliation between insured depository institutions and investment banks or securities firms.
United States · United States Congress · 3 January 2013
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to Malala Yousufzai in recognition of her devoted service to education, justice, and equality in Pakistan.
United States · United States Congress · 3 January 2013
Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013 - Amends the Help America Vote Act of 2002 (HAVA) to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending on the second day immediately preceding the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place that allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date. Requires the Commission to report to Congress biennially on the impact of this Act's early voting and waiting time provisions on the administration of elections for federal office. Prescribes requirements for the counting of provisional ballots that will be treated as votes. Allows civil money penalties, intervention by aggrieved parties, and private actions to address HAVA violations by a state or jurisdiction.
United States · United States Congress · 3 January 2013
Adds Rule XXX (Statutory Limit on Public Debt) to the Rules of the House of Representatives to reinstate the "Gephardt rule," repealed by H.Res. 5 (adopting the Rules of the House for the 112th Congress). (The Gephardt rule: (1) provided for an automatic engrossment and transmittal to the Senate of a joint resolution changing the public debt limit, upon the adoption of a congressional concurrent budget resolution; and (2) avoided a separate vote in the House on public debt-limit legislation.)
United States · United States Congress · 3 January 2013
Recognizes the centennial anniversary of the founding of Delta Sigma Theta Sorority, Incorporated. Honors the Sorority and its members for a century of fortitude and distinguished service to the people of this country and the global community.
United States · United States Congress · 30 December 2012
Protecting Students from Worthless Degrees Act - Makes any institution of higher education (IHE) postsecondary program designed to prepare students for a recognized occupation or profession requiring licensing or other entry pre-conditions ineligible to participate in a federal financial assistance program, unless it meets specified student consumer protection requirements. Requires each program to: (1) fully prepare students to satisfy those entry pre-conditions in the state in which the program is operated and in any state the program claims a successful program graduate will be prepared to work in the particular occupation or profession involved; (2) provide timely placement of students in required pre-licensure positions, such as internships or apprenticeships; and (3) meet specialized state accreditation requirements, or notify students if the program has not yet been fully accredited. Requires an IHE to notify out-of-state applicants as to whether or not its program satisfies the requirements of the applicant's state.
United States · United States Congress · 13 December 2012
Recognizes the 100th birthday of civil rights icon Rosa Parks. Commemorates the legacy of Rosa Parks to inspire all people of the United States to stand up for freedom and the principles of the Constitution.
United States · United States Congress · 13 December 2012
Honors and recognizes David "Dave" Warren Brubeck for his legacy in music composition and jazz, and his contributions to the international community.
United States · United States Congress · 27 November 2012
Respect States' and Citizens' Rights Act of 2012 - Amends the Controlled Substances Act to provide that, in the case of any state law that pertains to marihuana, no provision of such Act shall be construed as indicating congressional intent to: (1) occupy the field in which that provision operates, including criminal penalties, to the exclusion of state law on the same subject matter; or (2) preempt any such state law.
United States · United States Congress · 16 November 2012
Equitable Access to Care and Health Act or the EACH Act - Amends the Internal Revenue Code, with respect to minimum essential health care coverage requirements added by the Patient Protection and Affordable Care Act, to allow an additional religious exemption from such requirements for individuals whose sincerely held religious beliefs would cause them to object to medical health care provided under such coverage. Defines "medical health care" to mean voluntary health treatment by or supervised by a medical doctor that would be covered under minimum essential coverage that: (1) includes voluntary acute care treatment at hospital emergency rooms, walk-in clinics, or similar facilities; and (2) excludes treatment not administered or supervised by a medical doctor, physical examinations or treatment required by law or third parties, and vaccinations.
United States · United States Congress · 15 November 2012
Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.
United States · United States Congress · 2 November 2012
Verifying Authority and Legality In Drug Compounding Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounding drugs. Eliminates authority for compounding pharmacies to: (1) compound drugs before the receipt of a valid prescription order, or (2) compound any drug product that is a copy of a commercially available drug. Requires the Secretary of Health and Human Services (HHS) to develop, maintain and transmit to the appropriate state agencies a list of drug products that should not be compounded, including: (1) drug products whose compounding is reasonably likely to cause an adverse effect on their safety or effectiveness; and (2) drug products that have been withdrawn or removed from the market because they have been found to be unsafe or not effective. Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if compounding the drug product is necessary to address a drug shortage, or to protect public health or well-being. Prohibits the Secretary from authorizing a state to grant such waivers. Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if the pharmacy or pharmacist: (1) submits a satisfactory application to the Secretary; and (2) agrees to comply with any condition or limitation specified by the Secretary. Makes a pharmacy or pharmacist required to be registered under the FFDCA as a drug producer ineligible for a waiver. Permits the Secretary to authorize a state to grant such waivers applicable to compounded drug products sold or dispensed within the state pursuant to a memorandum of understanding between the Secretary and the state. Authorizes the Secretary to waive the prohibition against compounding any drug product that is a copy of a commercially available drug if it is necessary to protect public health or well-being. Prohibits the Secretary from authorizing a state to waive such prohibition. Subjects the facilities of any pharmacy receiving a waiver under this Act to inspection to determine compliance with this Act. Requires the Secretary to publish notice at least 30 days before cancelling a waiver, unless it is necessary to prevent an adverse impact on public health or safety. Sets forth a required label statement for any drug compounded pursuant to this Act. Requires a pharmacist or physician compounding a drug product to report any adverse event associated with the use of the product within a specified time frame.
United States · United States Congress · 21 September 2012
Stewart Lee Udall Congressional Gold Medal 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 Stewart Lee Udall, in recognition of his contributions to the nation.
United States · United States Congress · 21 September 2012
Medicare DMEPOS Market Pricing Program Act of 2012 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a market pricing program for durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) as a replacement for the competitive acquisition program for DMEPOS, which is hereby terminated. Directs the Secretary to: (1) conduct annual market-priced auctions from among entities supplying market priced items and services in an eligible market area selected in the auction design, (2) establish a lead product for each of specified product categories, and (3) award a contract to any entity in an eligible market area in which an auction is conducted whose bid is below a clearing price equal to the highest cost bid that will meet capacity targets in the market area. Requires the Secretary to contract with an auction expert to assist in, and a market monitor to monitor, the design, development, and functioning of the auction. Adjusts the covered DME item update for 2012 through 2014 and each subsequent year.
United States · United States Congress · 21 September 2012
Recognizes National Emancipation Day, marking the 150th anniversary of the beginning of the end of slavery in areas of rebellion, and the significance of the Emancipation Proclamation in the struggle for the equal rights and freedoms afforded to all U.S. citizens.
United States · United States Congress · 14 September 2012
Grassroots Democracy Act of 2012 - Amends the Internal Revenue Code to allow a refundable credit of up to $25 ($50 in the case of a joint return), adjusted for inflation, for qualified grassroots federal congressional campaign contributions paid by the taxpayer during the taxable year. Directs the Grassroots Democracy Advisory Commission (GDAC, established by this Act) to establish a pilot program under which a qualified individual shall be provided with a "Grassroots Democracy Coupon" during the election cycle, which will be assigned a routing number and, at the individual's option, provided in either paper or electronic form. Authorizes the individual to: (1) submit the Coupon, using the routing number, in either electronic or paper form to qualified federal election candidates, and (2) allocate portions of the Coupon's value in $5 increments to a candidate (up to a maximum of $50 per candidate). Requires the GDAC to pay the candidate who transmits the Coupon to it the portion of the Coupon's value that the individual allocated to the candidate, which shall be considered a contribution under the Federal Election Campaign Act of 1971 (FECA). Amends FECA with respect to: (1) benefits for participating congressional candidates; (2) Federal Election Commission (FEC) payments to such candidates; (3) candidate use of payments; (4) qualified grassroots contribution, expenditure, and fundraising requirements; (5) certification of participating congressional candidates; (6) campaign administration; (7) prevention of the unnecessary spending of public funds; (8) remittal to the Grassroots Democracy Fund of unspent funds after an election; (9) eligibility of participating candidates for payments; (10) establishment of the Grassroots Democracy Fund in the Treasury and of a Grassroots Democracy Advisory Commission in the FEC; and (11) civil penalties for violation of contribution and expenditure requirements. Prohibits use of contributions by a participating candidate for any purposes other than an election campaign. Revises bundler disclosure requirements to repeal a specified exception and so require disclosure of persons who provided bundled contributions to the reporting committee. Extends from 60 days before a general, special, or runoff election to 120 days before such an election the period for treatment of communications as electioneering communications. Creates user fees, payable to the FEC, for candidate-designated political committees and bundlers. Amends FECA to empower the FEC to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action to enforce the Act. Requires all political committee designations, statements, and reports required to be filed under FECA to be filed: (1) directly with the FEC, and (2) in electronic form accessible by computers. Reduces from 48 hours to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet. Amends the Internal Revenue Code to repeal: (1) the alternative tax on political organizations that have net capital gains for the taxable year; and (2) the treatment as tax-exempt functions of proceeds from a political fundraising or entertainment event, from the sale of political campaign materials not received in the ordinary course of trade or business, or from any bingo game. Revises the formula limiting the amount included in the gross income of a tax-exempt organization that expends funds for an exempt function of a political committee. Repeals the application of graduated tax rates for principal campaign committees (thus applying the highest rates to such committees). Allows an individual to designate a specified portion of any overpayment of tax as a contribution to the Grassroots Democracy Fund. Amends the Communications Act of 1934 to set a station's lowest unit price for preemptible use as the charge for a broadcast by the national committee of a political party for an affiliated candidate. Authorizes the FEC to revoke a broadcast station license or construction permit only for at least three willful failures to allow reasonable access to, or to permit purchase of reasonable amounts of time for the use of, a broadcasting station by a legally qualified candidate for federal office.
United States · United States Congress · 14 September 2012
America Votes Act of 2012 - Amends the Help America Vote Act of 2002 to permit an individual required to present identification as a condition for voting in a federal election to meet the requirement by presenting the appropriate state or local election official with an affidavit, signed by the individual under penalty of perjury, attesting to the individual's identification and that he or she is registered to vote in the election. Allows an individual desiring to vote by mail to submit such an affidavit with the ballot. Prohibits a state from requiring an individual who presents or submits such an affidavit to cast a provisional ballot in the election. Excepts first-time voters registering by mail from application of this Act. Requires states requiring an individual to present identification as a condition of receiving and casting a ballot in a federal election to include the use of an affidavit in voting information posted at polling places.
United States · United States Congress · 13 September 2012
Amends the Horse Protection Act (HPA) to direct the Secretary of Agriculture to prescribe regulatory requirements for the Department of Agriculture (USDA) to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. (The soring of horses refers to the application of blistering agents, burns, lacerations, sharp objects, or other substances or devices to a horse's limb to produce a higher gait by making it painful for the horse to step down.) Replaces the current horse inspector appointment process under which the management of a horse show, exhibition, sale, or auction appoints inspectors with a new process requiring the Secretary to assign USDA-licensed inspectors after receiving notice that management intends to hire such inspectors. Specifies that the term "management" includes sponsoring organizations and event managers. Directs the Secretary to disqualify a horse the Secretary determines is sore for specified minimum time periods that increase after the first, second, and third instance. Prohibits a person from causing or directing a horse to become sore for the purpose of any horse show, exhibition, sale, or auction or allowing any such activity respecting a horse which is sore by the owner of such horse. Expands a list of activities designated as unlawful conduct under such Act to include a prohibition on showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter the gait of such horses and is not strictly protective or therapeutic. Defines "action device" as any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can: (1) rotate around the leg or slide up and down the leg, so as to cause friction; or (2) strike the hoof, coronet band, fetlock joint, or pastern of the horse. Increases the maximum criminal penalties and maximum civil liability penalties to the United States for certain HPA violations. Expands the categories of activities the Secretary may disqualify a violator of such Act from participating in to include: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted; or (4) financing the participation of other individuals. Permits the Secretary to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing.
United States · United States Congress · 2 August 2012
Expresses the sense of the House of Representatives that Congress should reject the provisions of H.R. 6083, as ordered reported by the House Committee on Agriculture, that reduce the availability or amount of benefits provided under the supplemental nutrition assistance program (SNAP, formerly the food stamp program) in effect under the Food and Nutrition Act of 2008.
United States · United States Congress · 2 August 2012
Urges designation of a National Month of Voter Registration to encourage every voting age citizen to register to vote, confirm their voting information with their local board of elections, confirm they have everything in hand required on election day to vote, and confirm their polling place for each day.
United States · United States Congress · 26 July 2012
Fair Minimum Wage Act of 2012 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.10 an hour on the first day of the third month after the enactment of this Act; (2) $8.95 an hour after one year; (3) $9.80 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 · 18 July 2012
Expresses the sense of the House of Representatives that any deal on taxes and spending to replace the Budget Control Act of 2011 should: (1) not cut Medicare, Medicaid, or Social Security benefits; (2) contain serious revenue increases, including closing corporate tax loopholes and increasing individual income tax rates for the highest earners; (3) significantly reduce defense spending to focus the U.S. Armed Forces on combating 21st century risks; and (4) promote economic growth and expanded economic opportunity by including strong levels of job-creating federal investments in areas such as infrastructure and education, and by promoting private investment.
United States · United States Congress · 17 July 2012
Truth in Trials Act - Amends the federal criminal code to: (1) allow any person on trial for a federal marijuana-related offense to introduce evidence that the alleged marijuana-related activities were performed in compliance with state law regarding the medical use of marijuana, (2) allow an affirmative defense to a marijuana prosecution that the alleged marijuana-related activities complied with state law regarding the medical use of marijuana, (3) limit the criminal liability of persons convicted of federal marijuana-related offenses, (4) require the preservation and return (if a defendant is acquitted) of property seized in connection with a marijuana prosecution, and (5) prohibit the seizure of plants grown or stored under a physician's recommendation or by order of a state or municipal agency in accordance with state law regarding the medical use of marijuana.
United States · United States Congress · 12 July 2012
Protecting Employees and Retirees in Business Bankruptcies Act of 2012 - Amends federal bankruptcy law governing expenses and claims to increase to $20,000: (1) allowed unsecured claims in the fourth order of priority (wages, salaries, or commissions); and (2) the factor multiplied by the number of employees covered with respect to employee benefit plan contributions in the fifth order of priority. Includes within the scope of a claim in bankruptcy certain equity securities held in a defined contribution plan for the benefit of certain individuals, but only if an employer or plan sponsor who has commenced a case in bankruptcy has committed fraud regarding the plan or has otherwise breached a duty to the participant that has proximately caused the loss of value. Allows as an administrative expense of the estate: (1) severance pay owed to certain employees of the debtor for layoff or termination (which pay shall be deemed earned in full), and (2) damages as a result of violation of law by the debtor. Includes among prerequisites for confirmation of a business reorganization bankruptcy plan (Chapter 11) provision for: (1) recovery of damages payable for the rejection of a collective bargaining agreement, or other financial returns as negotiated by the debtor and the authorized representative; (2) continued payment of retiree benefits maintained or established by the debtor before the petition filing date if no modifications are made before confirmation of the plan; and (3) recovery of claims arising from the modification of retiree benefits or for certain financial returns, as negotiated by the debtor and the authorized representative. Revises requirements governing: (1) rejection of collective bargaining agreements; (2) payment of insurance benefits to retired employees, including benefit modifications proposed by the trustee; and (3) a trustee's administrative power to dispose of property. Requires the court, in approving a sale of business assets, to consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. Requires the bankruptcy court to allow certain claims asserted by an active or retired participant, or by a labor organization representing such participant, for any shortfall in pension benefits accrued as a result of the termination of the plan and limitations upon the payment of certain statutory benefits. States that, if employees have not received wages and benefits for services rendered on and after the date of the commencement of the case in bankruptcy, such unpaid obligations shall be deemed necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim and shall be recovered even if the trustee has otherwise waived certain provisions under an agreement with the holder of the allowed secured claim. Allows reduction of a debtor's time frame for filing a Chapter 11 bankruptcy plan in the event of: (1) the filing of a motion seeking rejection of a collective bargaining agreement if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time; or (2) the proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization, if such plan is reasonably likely to be confirmed within a reasonable time. Modifies requirements for confirmation of a Chapter 11 bankruptcy plan to prohibit approval of: (1) payments or other distributions for the benefit of insiders, senior executive officers, and certain highly compensated employees or consultants providing services to the debtor, except as part of those generally applicable to the debtor's employees if the court determines that such payments are not excessive or disproportionate compared to distributions to the debtor's nonmanagement workforce; and (2) insider compensation unless approved by the court as reasonable according to specified criteria. Restricts: (1) certain executive compensation enhancements as part of the allowance of administrative expenses; (2) trustee assumption of certain deferred compensation arrangements for the benefit of insiders, senior executive officers, or certain highly compensated employees of the debtor; and (3) trustee assumption of retiree benefits for insiders, senior executive officers, or certain highly compensated employees of the debtor if the debtor has obtained relief to impose reductions in retiree benefits, or health benefits of active employees of the debtor, or has reduced or eliminated health benefits for active or retired employees within 180 days before the date of the commencement of the case. Requires the court, where a debtor has obtained relief by which it reduces the cost of its obligations under a collective bargaining agreement or a retiree plan, fund, or program of retiree benefits, to determine before granting relief the percentage diminution in the value of the obligations when compared to the debtor's obligations under the collective bargaining agreement, or with respect to retiree benefits. Authorizes the trustee in bankruptcy to avoid a transfer made in anticipation of bankruptcy to or for the benefit of an insider, including certain consultants who were formerly insiders and who are retained to provide services to an entity that becomes a debtor. Grants a labor organization creditor status for purposes of filing a proof of claim. Declares that the filing of a petition for relief does not operate as an automatic stay of the commencement or continuation of a dispute resolution proceeding established by a collective bargaining agreement that was or could have been commenced against the debtor before the filing of a petition, including payment or enforcement of an award or settlement under such proceeding.
United States · United States Congress · 10 July 2012
Morris Soskil Path to the Purple Heart Act - Requires the Secretary of the military department concerned, in the case of an individual who served as a member of the Armed Forces during World War II and whose service records are incomplete because of damage while in the possession of the Department of Defense (DOD), to provide an exception to the standards for awarding the Purple Heart and consider unofficial sources of information, including eyewitness statements, to determine whether the individual is so eligible as a member killed or wounded in action as the result of an enemy act. Directs the Secretary of Defense to make such an award based upon a positive determination by the Secretary concerned. Allows such an award to be made posthumously.
United States · United States Congress · 29 June 2012
Child Protection Act of 2012 - Amends the federal criminal code to impose a fine and/or prison term of up to 20 years for transporting, receiving, distributing, selling, or possessing pornographic images of a child under the age of 12. Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes. Allows the Director of the U.S. Marshals Service to issue an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service. Amends the PROTECT Our Children Act of 2008 to: (1) double the amount that the Attorney General may award a non-law enforcement agency entity annually to establish and conduct training courses for National Internet Crimes Against Children Task Force Program task force members and other law enforcement officials, (2) require the Attorney General to designate a senior official at the Department of Justice (DOJ) with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction to be responsible for coordinating the development of the National Strategy for Child Exploitation Prevention and Interdiction, (3) authorize appropriations for carrying out such strategy for FY2014-FY2018, (4) delete a requirement that the National Internet Crimes Against Children Data System identify high-priority suspects based on the volume of suspected criminal activity, and (5) require the Attorney General to report within 90 days after enactment of this Act on the status of the establishment of such System.
![Official portrait of Rep. Cohen, Steve [D-TN-9]](https://www.congress.gov/img/member/c001068_200.jpg)