United States · United States Congress · 1 March 2012
Removing Barriers to Colorectal Cancer Screening Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to waive coinsurance for colorectal cancer screening tests (thus covering 100% of their cost under Medicare part B [Supplementary Medical Insurance Benefits for the Aged and Disabled]).
United States · United States Congress · 1 March 2012
Fair Playing Field Act of 2012 - Amends the Internal Revenue Code, with respect to the classification of workers for employment tax purposes, to: (1) repeal the prohibition against issuance of regulations and guidance by the Secretary of the Treasury on workers' employment tax status (i.e., as an employee or as an independent contractor) enacted by the Revenue Act of 1978; (2) direct the Secretary to issue regulations and other guidance to clarify the proper employment status of workers for employment tax purposes; (3) prohibit a retroactive assessment of employment tax, except with respect to certain skilled workers, for tax periods after December 31, 1978, and before a specified reclassification date for worker misclassifications, unless the taxpayer had no reasonable basis for not treating a worker as an employee; (4) require taxpayers who hire independent contractors on a regular and ongoing basis to provide such contractors with notice of their federal tax obligations, the labor and employment law protections that do not apply to them, and their right to seek a status determination from the Internal Revenue Service (IRS); and (5) eliminate reduced penalty provisions for failure to withhold income taxes for taxpayers who lack a reasonable basis for treating a worker as other than an employee (i.e., as an independent contractor). Provides that for purposes of determining whether a registered representative of a securities broker-dealer is an employee for employment tax purposes, no weight shall be given to instructions from a service recipient which are imposed only in compliance with investor protection standards. Makes this rule applicable to services performed by a broker-dealer after December 31, 1997.
United States · United States Congress · 29 February 2012
Amends the Tariff Act of 1930 regarding the imposition of countervailing duties on imports into the United States from a country subsidizing, directly or indirectly, the manufacture, production, or export of merchandise which materially injures a U.S. industry or threatens to. Declares that merchandise on which countervailing duties must be imposed includes merchandise from a nonmarket country, unless the administering authority cannot identify and measure subsidies provided by the government of the nonmarket economy country (or a public entity within its territory) because the economy of that country is essentially composed of a single entity. Requires the administering authority to reduce the antidumping duty on a class or kind of merchandise from a nonmarket economy country in cases where: (1) such country (or a public entity within its territory) has provided the merchandise with a countervailable subsidy (other than an export subsidy); (2) the subsidy has reduced the average price of imports of that class or kind of merchandise during the relevant period; and (3) the extent to which the subsidy, in combination with the use of normal value, has increased the weighted average dumping margin for such merchandise can be reasonably estimated. Requires the administering authority, in such cases, to reduce the antidumping duty by the amount of the increase in the weighted average dumping margin estimated (but not by more than the portion of the countervailing duty rate attributable to the countervailable subsidy).
United States · United States Congress · 28 February 2012
Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities.
United States · United States Congress · 27 February 2012
Recognizes: (1) that no ethnic, demographic, religious, or cultural group has been unaffected by our economic struggles; and (2) the significance of the supplemental nutrition assistance program (SNAP). Supports adequate funding for SNAP as a means of preventing hunger and strengthening the nation.
United States · United States Congress · 17 February 2012
Restoring America's Commitment to Consumers Act of 2012 - Amends the Truth in Lending Act to prohibit the annual percentage rate (APR) applicable to an extension of credit on a credit card account under an open end consumer credit plan from exceeding 16%. Includes in an APR any compensation fee (including a membership fee or an annual fee) for: (1) opening or maintaining the account; (2) granting an extension of credit; or (3) making available a line of credit. Authorizes the Board of Governors of the Federal Reserve System (Board) to make adjustments to the maximum APR limitation; but creates the presumption that any increase by the Board to the maximum limitation is not in the public interest unless severe economic conditions justify the increase. Prohibits construction of this Act as an endorsement by Congress of a 16% APR. Declares the intention of Congress that: (1) such maximum APR limitation should merely serve as a ceiling on consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; and (2) consumer credit card issuers should strive to maintain APRs most advantageous to borrowers. Treats as an unfair or deceptive act or practice a credit card account which, as of February 8, 2012, bears an APR that is less than 16%, and subsequently increases it between February 8, 2012, and 60 days after enactment of this Act. Imposes a $15 cap upon certain credit card account fees, including fees (such as late fees, overdraft fees, or over-the-limit transaction fees) for borrower default or breach of any condition upon which credit was extended.
United States · United States Congress · 17 February 2012
Expresses support for the goals and ideals of Multiple Sclerosis Awareness Week. Reaffirms the nation's commitment to creating a world free of multiple sclerosis by promoting awareness about people that are affected with the disease, promoting new education programs, supporting research, and expanding access to medical treatment. Recognizes people living with multiple sclerosis and salutes the health care professionals and medical researchers who assist those so affected and continue to work to find ways to stop the progression of the disease, restore nerve function, and end multiple sclerosis forever.
United States · United States Congress · 15 February 2012
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 · 14 February 2012
Energy Assistance for American Families Act - Amends the Low-Income Home Energy Assistance Act of 1981 to authorize appropriations for FY2013-FY2016. Permits a state to use any allotment from such appropriations to assist households whose income does not exceed 75% of the state median income.
United States · United States Congress · 9 February 2012
Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2012 or DISCLOSE 2012 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 · 9 February 2012
Protecting Consumer Access to Generic Drugs Act of 2012 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than: (1) the right to market the generic drug before the expiration of the patent or other exclusivity period, or (2) the waiver of a patent infringement claim for damages. Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers. Amends the Federal Food, Drug, and Cosmetic Act to deem an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.
United States · United States Congress · 8 February 2012
Smarter Approach to Nuclear Expenditures Act - Prohibits using funds appropriated to the Department of Defense (DOD) for FY2013 or thereafter: (1) to arm a B-2 or B-52 aircraft with a nuclear weapon; (2) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (3) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; or (4) for the B61 or W78 life extension program. Requires that, beginning in FY2013, the Navy shall include no more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds: (1) for FY2013-FY2023 to procure an SSBN-X submarine, and (2) for FY2024 and thereafter to procure more than eight such submarines. Prohibits using DOD funds for FY2013 or thereafter: (1) to maintain more than 200 intercontinental ballistic missiles (ICBMs), (2) to maintain more than 250 submarine-launched ballistic missiles, (3) for the RDT&E or procurement of a new ICBM, or (4) for the medium extended air defense system. Prohibits using DOD or Department of Energy (DOE) funds for FY2013 or thereafter for: (1) the mixed oxide fuel fabrication facility project, (2) the chemistry and metallurgy research replacement nuclear facility, and (3) the uranium processing facility at the Y-12 National Security Complex. Requires an initial and subsequent annual reports from the Secretaries of Defense and Energy to Congress outlining their respective plans to carry out the requirements of this Act. Directs the President to submit annually to Congress a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report and the life cycle of such weapon or program.
United States · United States Congress · 8 February 2012
Arsenic Prevention and Protection from Lead Exposure in Juice Act of 2012 or the APPLE Juice Act of 2012 - Directs the Commissioner of Food and Drugs (FDA) to promulgate final regulations establishing tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA) to limit the quantity of total arsenic and lead in beverages containing fruit juice. Requires the limitations on total arsenic and lead in such beverages to be no less stringent than the allowable level for total arsenic and lead in bottled water under the FFDCA. Provides that if there are no such tolerances in effect within two years, a beverage containing fruit juice shall be deemed to be adulterated if the quantity of total arsenic or lead in the beverage exceeds the limits of the allowable level for total arsenic or lead, respectively, in bottled water.
United States · United States Congress · 6 February 2012
Paying a Fair Share Act of 2012 - Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2013. Expresses the sense of the House of Representatives that Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the tax system, and makes sure that the wealthiest taxpayers pay a fair share of taxes.
United States · United States Congress · 3 February 2012
Pullman Historic Site National Park Service Study Act - Directs the Secretary of the Interior to conduct a special resource study of the historic Pullman site in Chicago, Illinois, which was the site of an industrial town built between 1880-1884 to provide Pullman Palace Car Company employees and their families with a model community and suitable living conditions, as well as the site of the Pullman Strike of 1894. Requires the Secretary to evaluate the national significance of such site and to determine the suitability and feasibility of designating it as a unit of the National Park System.
United States · United States Congress · 1 February 2012
Help Veterans Return to Work Act - Requires full reinstatement of all appropriate employment and reemployment rights of an individual called away from employment with a small business employer due to active-duty service who subsequently returns, unless the employer can show that such employment or reemployment would impose an undue hardship on the employer.
United States · United States Congress · 31 January 2012
Visa Waiver Program Enhanced Security and Reform Act - Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) authorize the Secretary of Homeland Security (DHS) to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions.
United States · United States Congress · 31 January 2012
Principal Reduction Act of 2012 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) each to carry out a program to reduce the outstanding principal balances on qualified mortgages on single-family housing they own or guarantee. Directs a GSE, under its program, to: (1) reduce the principal of a mortgage to an amount resulting in a mortgage loan-to-value ratio of not more than 90%; (2) require a mortgagor, if the dwelling for which the mortgage principal has been reduced is sold by any process other than a foreclosure sale or short sale, to pay the GSE at least one-third of any appreciation in value; and (3) recover from the mortgagor, if a mortgage whose principal has been reduced subsequently enters foreclosure, the difference between the foreclosure sales price and the outstanding principal balance on the mortgage immediately before the principal reduction. Prohibits the charging of borrowers fees by either a GSE or a servicer conducting a principal reduction on behalf of a GSE. Requires a GSE to pay any servicer a fee of up to $1,000 for reducing a mortgage principal under the program. Directs the Director of Federal Housing Finance Agency (FHFA) to encourage the modification of second liens on dwellings on which the mortgage principal is reduced under this Act. Prohibits the Director from approving bonus compensation that exceeds the base compensation that exceeds the base compensation for any GSE executive or senior executive unless the aggregate number of qualified mortgages for which principal reductions have been taken pursuant to the program under this Act exceeds 1 million.
United States · United States Congress · 31 January 2012
Safety Of Untested and New Devices Act of 2012 or the SOUND Devices Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to require a medical device company seeking approval of a new device based on a determination of substantial equivalence to a predicate device to inform the Food and Drug Administration (FDA) if any predicate lineage products have harmed device recipients and to explain how the current device avoids past flaws. Prohibits finding a new device substantially equivalent to a predicate device if the predicate has been removed from the market by the Secretary of Health and Human Services (HHS) or determined to be misbranded or adulterated by judicial order. Permits the FDA to reject a claim of substantial equivalency for a device whose predicate has been corrected or removed from the market by its sponsor. Requires the Secretary to maintain an up-to-date database for purposes of determining whether devices are eligible for use as a predicate device. Requires each manufacturer's corrective action or removal of device report to contain the root cause of each defect leading to the corrective action or removal. Requires a manufacturer's report for devices in the same lineage as devices that have been subject to corrections or removals and requires such report to explain why the subsequent device does not share the flaws of its predecessor device. Requires the Secretary to conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall.
United States · United States Congress · 25 January 2012
Childcare Accountability and Responsibility Act of 2012 or the CARE for Kids Act of 2012 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for an individual who is a child care staff member, a family child care provider, or an adult who resides in the home of a family child care provider in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check. Makes a child care provider ineligible for Program funds if the criminal background check reveals an adult felony conviction of any such individual for: (1) child abuse or neglect; (2) spousal abuse; (3) a crime against children (including child pornography); (4) a violent crime; or (5) distribution, possession with intent to distribute, or importation of a controlled substance committed within the previous five years. Allows: (1) a child care provider or an individual subject to a background check to appeal the results to the appropriate designated state agency, and (2) a state to collect a fee from providers for such background checks to defray costs.
United States · United States Congress · 25 January 2012
Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2012, applicable to Direct Stafford loans first disbursed to undergraduate students on or after July 1, 2012.
United States · United States Congress · 23 January 2012
Egg Products Inspection Act Amendments of 2012 - Amends the Egg Products Inspection Act to revise housing and treatment of egg-laying hens and related enforcement provisions. Directs the Secretary of Agriculture (USDA) to delegate to the California Department of Food and Agriculture certain enforcement authority with respect to eggs produced, shipped, handled, transported or received in California prior to the date that is 18 years after the date of enactment of this Act.
United States · United States Congress · 23 January 2012
Sympathizes with the families of women and children victimized by sexual and other forms of gender-based violence in Haiti. Urges treatment of the issue of violence against women and children as a priority for U.S. humanitarian and reconstruction efforts in Haiti. Supports passage of Haiti's first comprehensive law on the prevention, punishment, and elimination of gender-based violence.
United States · United States Congress · 18 January 2012
Regulation of Mortgage Servicing Act of 2012 - Requires a mortgage servicer to assign one case manager to each borrower that seeks a mortgage loan modification or an alternative to foreclosure. Requires the case manager to: (1) manage the communication between the servicer and the borrower, and (2) make decisions about the borrower's eligibility for a loan modification or an alternative to foreclosure. Prohibits a servicer from initiating a covered foreclosure action against a borrower unless the servicer has performed specified tasks related to offering the borrower, if eligible, a loan modification or an alternative to foreclosure. Requires a servicer to suspend a covered foreclosure action initiated before the enactment of this Act until such tasks have been performed. Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower. Prescribes requirements a servicer must meet in order to be deemed to have made a reasonable effort to obtain necessary information to determine a borrower's eligibility for a loan modification or an alternative to foreclosure. Requires a servicer, before notifying a borrower of his or her ineligibility for a loan modification or an alternative to foreclosure, to obtain the services of an independent reviewer to review the borrower's file and determine whether or not the borrower is eligible. Makes a violation of this Act a bar to a covered foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation. Makes any servicer that fails to comply with any requirement of this Act liable to a borrower in the same manner that a creditor who fails to comply with any requirement is liable to a person.
United States · United States Congress · 13 January 2012
Haiti Empowerment, Assistance, and Rebuilding Act of 2012 - States that it is U.S. policy, in partnership with the government of Haiti and in coordination with the international community, to support the sustainable recovery and rebuilding of Haiti. Directs the Administrator of the United States Agency for International Development (USAID) to submit to Congress a multi-year strategy to provide assistance in support of Haiti's reconstruction. Authorizes FY2013-FY2014 appropriations for assistance to Haiti under this Act.
United States · United States Congress · 20 December 2011
Support and Defend Our Military Personnel and Their Families Act - States that any person who serves or has served under honorable conditions as a member of the U.S. Armed Forces in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities. Amends the Immigration and Nationality Act (INA) to extend the period for filing a naturalization application to one year after completion of eligible military service. Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces. Authorizes the Secretary of Homeland Security (DHS) to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces under honorable conditions. Permits posthumous benefits under specified circumstances. Permits the military enlistment of an alien who takes the oath set forth in this Act during any period of contingency operations. States that with respect to a removal proceeding under INA: (1) a notice to appear shall not be issued against an alien who serves or has served under honorable conditions in the Armed Forces without the Secretary's prior approval; (2) the Secretary, in determining whether to issue a notice, shall consider the alien's eligibility for naturalization, military service record, grounds of deportability, and any hardship to the Armed Forces, the alien, and his or her family if the alien were to be placed in removal proceedings; and (3) an alien who serves or has served under honorable conditions in the Armed Forces shall not be removed from the United States under specified grounds.
United States · United States Congress · 20 December 2011
Temporary Payroll Tax Cut Continuation Act of 2011 - Title I: Temporary Payroll Tax Relief - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to: (1) extend through 2012 the 2% reduction in the self-employment tax rate for self-employment income not exceeding the excess of $18,350 over any wages and compensation paid to a self-employed taxpayer, and (2) extend through February 29, 2012, the 2% reduction in employment tax rates for employee wages and compensation not exceeding $18,350. Title II: Temporary Extension of Unemployment Compensation Provisions - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through March 6, 2012. Postpones the termination of the program until August 15, 2012. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until March 7, 2012, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and August 15, 2012, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2011, to February 29, 2012, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the Railroad Unemployment Insurance Act, as amended by the American Recovery and Reinvestment Act of 2009, the Worker, Homeownership, and Business Assistance Act of 2009, and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, to extend through February 29, 2012, the temporary increase in extended unemployment benefits for employees with 10 or more years of service as well as for those with less than 10 years. Title III: Temporary Extension of Health Provisions -Amends title XVIII (Medicare) of the Social Security Act (SSA) to set the update to the single conversion factor in the formula for the physicians' fee schedules for the first two months of 2012 at zero (thus freezing the physician payment update for the first two months of 2012). Requires the conversion factor for the remaining portion of 2012 and subsequent years to be computed as if the zero update for the first two months of 2012 had never applied. Amends the Tax Relief and Health Care Act of 2006, as modified by other federal law, to extend section 508 hospital reclassifications for two months through November 30, 2011. ("Section 508" refers to Section 508 of the Medicare Modernization Act of 2003 [MMA], which allows the temporary reclassification of a hospital with a low Medicare area wage index, for reimbursement purposes, to a nearby location with a higher Medicare area wage index, so that the "Section 508 hospital" will receive the higher Medicare reimbursement rate.) Extends through February 29, 2012, the 1.0 floor on geographic indexing adjustments to the work portion of the physician fee schedule. Extends through February 29, 2012, the process allowing exceptions to limitations on medically necessary therapy caps. Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to extend until February 29, 2012, an exception to a payment rule that permits laboratories to receive direct Medicare reimbursement when providing the technical component of certain physician pathology services that had been outsourced by certain (rural) hospitals. Amends SSA title XVIII to extend the bonus and increased payments for ground ambulance services until March 1, 2012. Amends the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) to extend the payment of certain urban air ambulance services until February 29, 2012. Extends increased payments for super rural ambulance services until March 1, 2012. Amends MIPPA to extend the physician fee schedule mental health add-on payment provision through February 29, 2012. Extends through February 29, 2012, hold harmless provisions under the prospective payment system (PPS) for hospital outpatient department (OPD) services. Extends the minimum payment for bone mass measurement through the first two months of 2012. Amends SSA title XIX (Medicaid) to extend the Qualifying Individual (QI) Program through February 29, 2012, at specified allocations. xtends the Transitional Medical Assistance (TMA) Program through February 29, 2012. Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to extend the TANF program through February 29, 2012. Title IV: Mortgage Fees and Premiums - Amends the Housing and Community Development Act of 1992 to require the Director of the Federal Housing Finance Agency (FHFA) to require each government-sponsored enterprise (GSE) (the Federal National Mortgage Association [Fannie Mae] and the Federal Home Loan Mortgage Corporation [Freddie Mac]) to charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by mortgages on residential real properties designed principally for the occupancy of from one to four families. Requires the FHFA Director to prohibit a GSE from consummating any offer for a guarantee to a lender for mortgage-backed securities if: (1) the guarantee is inconsistent with the requirements of this Act; or (2) the risk of loss is allowed to increase, through the lowering of the underwriting standards or other means, for the primary purpose of meeting the requirements of this Act. Requires direct deposit into the Treasury of any amounts received from fee increases imposed by this Act that are necessary to comply with the minimum increase required by this Act. Requires the Director to require each GSE, as part of its annual report, to: (1) describe changes made to up-front fees and annual fees as part of the guarantee fees negotiated with lenders, changes to the riskiness of the new borrowers compared to previous origination years or book years, and any adjustments required to improve for future origination years or book years, in order to be in complete compliance with guarantee fee requirements; and (2) assess how the changes in such guarantee fees met the requirements of this title. Amends the National Housing Act with respect to requirements for each mortgage secured by a 1- to 4-family dwelling that is an obligation of the Mutual Mortgage Insurance Fund. Directs the Secretary of Housing and Urban Development (HUD), in addition to other required or authorized premiums, to establish and collect through FY2021 annual premium payments of up to 10 basis points of the remaining insured principal balance for any mortgage for which the Secretary collects an annual premium on the remaining insured principal balance. Title V: Other Provisions - Subtitle A: Keystone XL Pipeline - Directs the President, acting through the Secretary of State, to grant a permit for the Keystone XL pipeline project application filed on September 19, 2008. Waives such requirement if the President determines that the Keystone XL pipeline would not serve the national interest. Requires the President, in that case, to report to certain congressional committees and officials a justification for his determination, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors. Declares that a permit for such pipeline shall take effect by operation of law if after 60 days following enactment of this Act the President fails to: (1) determine that the Keystone XL pipeline would not serve the national interest, or (2) grant the permit. Subtitle B: Budgetary Provisions - Amends the Congressional Budget Act of 1974 to make it out of order in the Senate to consider a bill, resolution, amendment, motion, or conference report that includes an emergency designation. Permits waiver or suspension of such prohibition, or successful appeals from a ruling of the Chair, only by an affirmative vote of three-fifths (60 votes) of the Senate. Prohibits the budgetary effects of this Act from being entered on either PAYGO scorecard maintained pursuant to the Statutory Pay-As-You-Go Act of 2010.
United States · United States Congress · 20 December 2011
Amends the Public Health Service Act to include occupational therapists within the definition of "behavioral and mental health professionals" for purposes of the National Health Service Corps.
United States · United States Congress · 16 December 2011
School Building Enhancement Act - Authorizes the Secretary of Education to provide grants to: (1) states and local educational agencies (LEAs) for providing intensive technical assistance for, and assisting the implementation of, the EnergySmart Schools Program of the Department of Energy (DOE) and the Energy Star for K-12 School Districts program of the Environmental Protection Agency (EPA); (2) LEAs that become partners through such Energy Star program; and (3) states for use in the development, in partnership with the Secretary of Energy, of state-level school energy efficiency quality plans. Requires the Secretary of Education to give priority to projects to provide assistance to state and local educational agencies with a demonstrated need for energy efficiency improvement.
United States · United States Congress · 16 December 2011
Downed Animal and Food Safety Protection Act - States that it is U.S. policy that all nonambulatory livestock in interstate and foreign commerce be immediately and humanely euthanized when such livestock become nonambulatory. Amends the Humane Methods of Slaughter Act of 1958 to direct the Secretary of Agriculture (USDA) to promulgate regulations providing for the humane treatment, handling, and disposition of nonambulatory livestock by specified entities, including a requirement that nonambulatory livestock be humanely euthanized. Requires an entity to: (1) humanely euthanize nonambulatory livestock (while not limiting the Secretary's ability to test nonambulatory livestock for disease, such as bovine spongiform encephalopathy), and (2) not move nonambulatory livestock unless required for a specific test for disease. Prohibits an inspector at an establishment covered by the Federal Meat Inspection Act from passing through inspection any nonambulatory livestock, carcass, or carcass parts and requires an inspector at such establishment to label such material as "inspected and condemned."
United States · United States Congress · 16 December 2011
Due Process Guarantee Act of 2011 - Amends the federal criminal code to specify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a U.S. citizen or lawful permanent resident apprehended in the United States, unless an Act of Congress expressly authorizes such detention. Applies this Act to any such authorizations or declarations enacted before, on, or after the enactment of this Act.
United States · United States Congress · 15 December 2011
National Cooperative Development Act - Directs the Secretary of Housing and Urban Development (HUD) to: (1) establish a National Cooperative Development Program to create jobs and increase economic development in underserved areas by promoting cooperative development; and (2) select, through a competitive process and enter into a grant agreement with, a national cooperative development center. Defines "cooperative organization" as an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly owned and democratically controlled enterprise. Defines "cooperative development" as specified technical assistance for the establishment of cooperative organizations. Requires the national center to select local cooperative development centers. Authorizes the national center to establish up to three local cooperative development centers in each of FY2012-FY2016.
United States · United States Congress · 15 December 2011
National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.
United States · United States Congress · 14 December 2011
Wall Street Accountability through Sustainable Funding Act - Amends the Commodity Exchange Act to require the Commodity Futures Trading Commission (CFTC) to impose a fee on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option on such a contract, or a swap to recover the government's cost of the annual CFTC appropriation for the fiscal year.
United States · United States Congress · 14 December 2011
Amends the Internal Revenue Code to: (1) make permanent the low-income housing tax rate for new buildings that are not federally subsidized, and (2) establish a minimum 4% low-income tax credit rate for existing buildings that are not federally subsidized.
United States · United States Congress · 14 December 2011
Senator Paul Simon Water for the World Act of 2012 - Amends the Foreign Assistance Act of 1961 to direct: (1) the Administrator of the United States Agency for International Development (USAID) to designate a Global Water Coordinator to coordinate and oversee water, sanitation, and hygiene assistance, and (2) the Secretary of State to designate a Special Advisor for Water Resources to coordinate and oversee policy relating to water and sanitation assistance. Sets forth principles to ensure that water, sanitation, and hygiene projects carried out under the Foreign Assistance Act of 1961 and the Senator Paul Simon Water for the Poor Act of 2005 achieve maximum impact. Amends the Senator Paul Simon Water for the Poor Act of 2005 regarding the strategy to further the U.S. foreign assistance objective to provide access to safe water and sanitation in developing countries to: (1) transfer primary authority from the Secretary to USAID, (2) include hygiene, and (3) include designation of high priority countries. Directs the Administrator to maintain a webpage for information on U.S. water, sanitation, and hygiene foreign assistance programs.
United States · United States Congress · 13 December 2011
Restore the American Dream for the 99% Act or Act for the 99% - Title I: Emergency Job Creation to Rebuild America - Emergency Jobs to Restore the American Dream Act - Directs the Secretary of Education to make grants to states for: (1) subgrants to local education agencies (LEAs) to modernize, renovate, or repair public school facilities; and (3) grants to pay maintenance costs. Requires LEAs to use such funds, to the maximum extent practicable, for green schools. Authorizes appropriations to the Secretary for grants to institutions of higher education for an additional 250,000 part-time work-study jobs for students (Student Jobs Corps). Authorizes appropriations to the Secretary of Agriculture and to the Secretary of the Interior to create additional 100,000 positions in the Public Lands Corps. Authorizes the President to establish a Civilian Conservation Corps for specified activities in federal or state lands. Authorizes appropriations for: (1) a Teacher Corps in elementary and secondary schools; (2) a Community Oriented Policing Services (COPS) program to hire an additional 40,000 state, local, and tribal career law enforcement officers; (3) a Firefighters Corps program to hire an additional 12,000 firefighters; and (4) a Community Corps to create an additional 750,000 jobs to perform energy audits, conservation upgrades, recycling, initial demanufacturing activities, urban land reclamation, rural conservation, public property maintenance and beautification, housing rehabilitation, and new housing construction. Authorizes the Secretary of Health and Human Services (HHS) to grant financial assistance to health care or long-term care (LTC) providers to pay the costs of hiring and retaining additional health care or LTC professionals (Health Care Corps). Amends the Head Start Act to direct the Secretary of HHS to provide funds to Early Head Start programs to hire additional infant and toddler specialists. Makes appropriations to the Employment and Training Administration of the Department of Labor solely for on-the-job training. Buy American Enhancement Act of 2011 - Prescribes Buy American requirements for items purchased under this Act. Fairness and Transparency in Contracting Act of 2011 - Amends the Small Business Act to redefine independently owned and operated small business concerns to exclude publicly traded business concerns and subsidiaries as well as foreign-owned business concerns and subsidiaries. Requires the Administrator of the Small Business Administration (SBA) to report annually on prime federal contracts awarded to small business concerns for the purposes of achieving specified small business contracting goals of the federal government. National Infrastructure Development Bank Act of 2011 - Establishes the National Infrastructure Development Bank (NIDB) as a wholly owned government corporation to provide financial assistance for transportation, environmental, energy, and telecommunications infrastructure projects of regional or national significance contributing to economic growth and job creation. Wounded Veteran Job Security Act - Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to include as service in the uniformed services any period for which a person is absent from a position of employment for the purpose of obtaining medical treatment for a service-connected injury or illness or one for which a "line of duty" document has been granted by the Secretary of Defense (DOD). Prescribes documentation requirements for an applicant for reemployment due to an absence for the purpose of obtaining such medical treatment. Emergency Unemployment Compensation Extension Act of 2011 - Amends the Supplemental Appropriations Act, 2008 to extend until January 4, 2013, any federal-state agreement to make emergency unemployment compensation (EUC) payments. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 4, 2013, full federal funding of extended unemployment compensation. Emergency Unemployment Compensation Expansion Act of 2011 - Amends the Supplemental Appropriations Act, 2008 to authorize a state, if implementation of first-tier EUC would unduly delay the prompt EUC payments, to elect to pay second-tier, third-tier, or fourth-tier EUC. Currency Reform for Fair Trade Act - Amends the Tariff Act of 1930 to include as a "countervailable subsidy" requiring action under a countervailing duty or antidumping duty proceeding the benefit conferred on merchandise imported into the United States from foreign countries with fundamentally undervalued currency. Prioritize Emergency Job Creation Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to the designation of FY2012-FY2021 appropriations for discretionary accounts for emergency job creation. Fair Employment Opportunity Act of 2011 - Declares it an unlawful practice for certain employers with at least 15 employees for each working day in each of at least 20 calendar weeks in the current or preceding calendar year to: (1) refuse to consider or offer employment to an individual based on present or past unemployment regardless of the length of time such individual was unemployed; (2) publish an advertisement or announcement for any job with provisions indicating that such an unemployed status disqualifies an individual and that an employer will not consider an applicant based on such status; and (3) direct or request that an employment agency account for such status when screening or referring applicants. Prohibits an employment agency (including agents and persons maintaining a website publishing job advertisements or announcements), based on such an individual's status as unemployed, from: (1) refusing to consider or refer an individual for employment; (2) limiting, segregating, or classifying individuals in any manner limiting access to job information; or (3) publishing an advertisement or announcement for any job vacancy that includes provisions indicating that such an individual is disqualified and that an employer will not consider such individuals. New Jobs for America Act of 2011 - Directs the Secretary of Labor, subject to the availability of appropriations, to make grants to state and local governments and Indian tribes to carry out employment training programs to aid unemployed individuals in securing employment in a new area of expertise, particularly in emerging markets and industries (such as green technologies). Makes certain funds available to the Secretary of Transportation (DOT) for restoration, repair, construction, and other eligible surface transportation activities as well as for passenger and freight rail transportation and port infrastructure projects. Jobs NOW Act - Amends title IV part A (Grants to States for Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to establish in the Treasury the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs. Amends the Gramm-Rudman-Hollings Act to repeal new discretionary spending limits. Title II: Responsible Savings and Fair Taxation - Responsible End to the War in Afghanistan Act - Limits the obligation and expenditure of funds for operations of the Armed Forces in Afghanistan to the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense (DOD) contractor personnel. Defense and Deficit Reduction Act - Freezes the aggregate amount of funds made available for DOD-administered military functions (other than military personnel pay, health benefits, and drug interdiction and counter-drug activities) at: (1) the FY2008 level for FY2011, and (2) the previous fiscal year level for each of FY2012-FY2016. Places a permanent ceiling of 30,000 per fiscal year (with certain exceptions) on the end strength level of members of the Armed Forces assigned to permanent onshore duty in Europe and corresponding general end strength reductions. Specifies the breakdown of end strength levels for each of the services. Terminates the V-22 Osprey aircraft program as of FY2012. Amends the Internal Revenue Code to raise the basic range of income taxed at: (1) 15% from a maximum of $36,900 to a maximum of $69,000, (2) 28% from $36,900-$89,150 to $69,000-$139,350, (3) 31% from S89,150-$140,000 to $212,300-$379,150, (4) from $140,000-$ 250,000 to $379,150-$1 million, and (5) $39.6% from $250,000-and-over to $1 million-$10 million. Prescribes new tax rates of 45%, 46%, 47%, 48%, and 49% for specified income levels above $10 million to $1 billion-and-over. Specifies the breakdown of such tax rates for heads of households, unmarried individuals, and married individuals filing separate returns. Prescribes a special rule for recapture of lower capital gains rates for individuals subject to at least a 45% rate bracket. End Big Oil Tax Subsidies Act of 2011 - Revises requirements for the amortization of geological and geophysical expenditures to convert the special tax rule for major integrated oil companies into a special rule for covered large oil companies (a major integrated oil company or a taxpayer with taxable year gross receipts exceeding $50 million. Denies taxpayers who are not small, independent oil and gas companies: (1) the tax credit for production of oil and gas from marginal wells, (2) the enhanced oil recovering tax credit, (3) the deduction for the intangible drilling and development costs of oil and gas wells, (4) the percentage depletion allowance, (5) the deduction for tertiary injectant expenses, (6) the exclusion from (and consequently subjection to) the disallowance passive activity losses and credits, and (7) the deduction for a portion of income derived from domestic production activities. Prohibits a major integrated oil company from using last-in, first-out (LIFO) tax accounting. Prescribes a special rule to deny to a dual capacity taxpayer a foreign tax credit for certain amounts paid or accrued to a foreign country or U.S. possession with respect to combined foreign oil and gas income. Superfund Reinvestment Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Amends the Internal Revenue Code to reinstate until December 31, 2018, the Hazardous Substance Superfund financing rate and the corporate environmental income tax and extend the borrowing authority of the Superfund through 2021. Wall Street Trading and Speculators Tax Act - Amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security: (1) if such purchase occurs on a trading facility located in the United States, or (2) the purchaser or seller is a U.S. person. Extends through calendar year 2012 the making work pay tax credit. Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and (2) provide certain notice to each new employee and new non-employee, including classification as an employee or non-employee and information concerning their rights under the law. Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) fail to classify accurately an employee or non-employee. Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Directs the Secretary of Labor to establish a page on the Department of Labor website that summarizes the rights of employees under this Act. Amends SSA to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage, and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees. Corporate Assets Should be Used to Hire Act - Amends the Internal Revenue Code to impose on domestic corporations in taxable years beginning in 2011 or 2012 an additional 40% tax on the excess of their retained earnings over their average retained earnings for the preceding 3 taxable years. Exempts certain corporations from such tax, including corporations with retained earnings of less than $5 million in a taxable year. Title III: Protect and Strengthen Social Security, Medicare, and Medicaid - 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. Requires the Secretary to: (1) establish an office of the ombudsman for the public health insurance option, and (2) establish geographically adjusted premiums at a level sufficient to fully finance the costs of the health benefits provided and related administrative costs. Requires repayment of start-up costs for the public health insurance option. Medicare Prescription Drug Price Negotiation Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to negotiate with pharmaceutical manufacturers the prices that may be charged to Medicare part D prescription drug plan (PDP) sponsors and MedicareAdvantage (MA) organizations for covered part D drugs for part D eligible individuals who are enrolled under a PDP or under an MA-Prescription Drug (MA-PD) plan. Medicaid Enhancement and Emergency Job Creation Act of 2011 - Amends the American Recovery and Reinvestment Act of 2011 (ARRA) to extend through FY2012 the increase in the federal medical assistance percentage (FMAP) under SSA title XIX (Medicaid). Keeping Our Social Security Promises Act - Amends the Internal Revenue Code to apply employment and self-employment taxes to remuneration up to the contribution and benefit base and to remuneration in excess of $250,000.
United States · United States Congress · 13 December 2011
Foreign Manufacturers Legal Accountability Act of 2011 - Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court. Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding. Requires any person who imports into the United States a covered product manufactured or produced outside the United States to make to the U.S. Customs and Border Protection (CBP) a declaration that, to the best of the person's knowledge, with respect to the importation of each covered product, the foreign manufacturer or producer of the product has registered an agent in the United States. Subjects to certain penalties an importer who fails to provide this or files a false declaration. Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States. Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to study jointly the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court. Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process. Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007.
United States · United States Congress · 8 December 2011
Permanently Protecting Tenants at Foreclosure Act of 2011 - Amends the Protecting Tenants at Foreclosure Act of 2009 to repeal its sunset date December 31, 2012 (thus making the Act permanent). Establishes a private right of action to enforce compliance with such Act.
United States · United States Congress · 8 December 2011
End Racial Profiling Act of 2011 - Prohibits any law enforcement agent or agency from engaging in racial profiling. Defines "racial profiling" to mean the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, gender, or religion in selecting which individual to subject to routine or spontaneous investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial investigatory activity, except when there is trustworthy information relevant to the locality and timeframe that links a person of a particular race, ethnicity, national origin, gender, or religion to an identified criminal incident or scheme. Authorizes the United States or an individual injured by racial profiling to enforce this Act in a civil action for declaratory or injunctive relief. Requires: (1) federal law enforcement agencies to maintain adequate policies and procedures to eliminate racial profiling and to cease existing practices that permit racial profiling; and (2) state or local governmental entities or state, local, or tribal law enforcement agencies that apply for grants under the Edward Byrne Memorial Justice Assistance Grant Program and the Cops on the Beat Program to certify that they maintain adequate policies and procedures for eliminating racial profiling and have eliminated any existing practices that permit or encourage racial profiling. Requires the Attorney General to issue regulations to ensure that administrative complaint procedures and independent audit programs provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. Authorizes the Attorney General to award grants and contracts for the collection of data relating to racial profiling and for the development of best practices and systems to eliminate racial profiling. Requires: (1) the Attorney General to issue regulations for the collection and compilation of data on racial profiling, and (2) the Department of Justice Bureau of Justice Statistics to analyze the data collected for any statistically significant disparities. Requires the Attorney General to submit annual reports on racial profiling by law enforcement agencies.
United States · United States Congress · 8 December 2011
Part D Beneficiary Appeals Fairness Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, with respect to a prescription drug plan (PDP) that provides for any tiered cost-sharing within a formulary (including a structure that provides for different co-payment or coinsurance amounts for drugs in different tiers included within the formulary), to authorize a Medicare part D eligible individual enrolled in the plan to request an exception to the tiered cost-sharing structure. States that in no case may the Secretary of Health and Human Services (HHS) allow a PDP sponsor to make any element of the tiered cost-sharing structure (including a tier used for very high cost or unique items) ineligible for lower-cost sharing through an exception.
United States · United States Congress · 8 December 2011
School Access to Emergency Epinephrine Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), in awarding grants to states under the children's asthma treatment grants program, to favor states that require their public elementary and secondary schools to: (1) permit authorized personnel to administer epinephrine to any student believed to be having an anaphylactic reaction, and (2) maintain a supply of epinephrine that is prescribed by a licensed physician and is stored in a secure and easily accessible location. (States given this preference are also required by current law to require those schools to authorize students, under certain conditions, to self-administer medication to treat their asthma or anaphylaxis.) Requires such states to also have a Good Samaritan law protecting school employees and agents from liability related to the administration of epinephrine to students believed, in good faith, to be having an anaphylactic reaction.
United States · United States Congress · 7 December 2011
Postal Service Protection Act of 2011 - Sets forth rules for the recalculation of annuities for employees of the U.S. Postal Service (USPS) and for the redetermination of surplus or supplemental liabilities under the Civil Service Retirement System (CSRS). Prescribes the "average pay" to be used in calculating annuities and surplus amounts. Authorizes the transfer of surplus postal retirement contributions in FY2010 to the Postal Service Retiree Health Benefits Fund, the Postal Service Fund, and the Employees' Compensation Fund under the Federal Employees' Compensation Act (FECA) and to USPS for payment of its debt obligations. Eliminates the requirement for pre-funding of the Postal Service Retiree Health Benefits Fund. Sets forth criteria for the closing or consolidation of postal facilities. Allows USPS to provide any nonpostal service or product in a manner consistent with the public interest. Provides for the mailing of wine and beer sent by a licensed winery or brewery in accordance with the laws of the state, territory, or district where the addressee or agent takes delivery. Establishes in USPS the position of the Chief Innovation Officer who shall have proven expertise and success in the postal and shipping industry and in innovation, marketing, technology, and management. Establishes a Postal Innovation Advisory Commission. Requires the Postmaster General to report to Congress on a comprehensive strategy for maximizing USPS revenue through innovative postal and nonpostal products and services. Prohibits USPS from reducing the frequency of mail delivery to fewer than six days each week or from increasing the expected delivery time for market-dominant products.
United States · United States Congress · 6 December 2011
Rewriting to Improve and Secure an Exit Out of Poverty Act or RISE Out of Poverty Act - Amends part A (Temporary Assistance for Needy Families Act) (TANF) of title IV of the Social Security Act to require state TANF plans to address whether and how states will give priority to providing assistance in areas with the greatest need. Extends the TANF program. Establishes matching grants to the states for subsidized employment. Sets a flat minimum participation rate of 50% with respect to all families residing in a state that include a work-eligible individual. Revises participation requirements. Gives TANF recipients the option to have trained personnel assess certain barriers to employment. Revises the contents of individual responsibility plans. Authorizes a state to develop a modified employability plan for a TANF recipient with, or caring for a family member with, a disability. Prohibits a state from imposing a lifetime sanction or full-family sanction on assistance to any individual or family on the basis of a family member's failure to comply with a program requirement. Prohibits sanctioning individuals for failure to engage in work if the failure results from the inability to secure child care or after-school arrangements for a child under age 13. Prohibits imposing a limit of less than 60 months on duration of TANF assistance. Makes the durational limit inapplicable during a recession. Requires that states establish personnel standards through a merit-based system in the administration of TANF programs. Bans state use of federal TANF funds to replace state or local spending for non-qualified state expenditures. Requires TANF assistance to meet basic family economic needs. Makes reducing child poverty a purpose of the TANF program. Requires that states adopt standards and procedures to address domestic and sexual violence suffered by TANF recipients. Requires a state to guarantee child care services to TANF recipients employed or participating in a work activity. Eliminates the ban on providing assistance to families not assigning certain support rights to the state. Gives states the option to extend TANF eligibility to children through age 21. Prohibits considering financial aid tied to education of a child in determining eligibility for or the amount of TANF. Eliminates bars to TANF assistance for persons convicted of drug felonies, unwed teen parents not in school, and teens not in an adult-supervised living arrangement.
United States · United States Congress · 6 December 2011
Condemns the crackdown in the Socialist Republic of Vietnam against community organizers, bloggers, and democracy activists. Calls on the government of Vietnam to: (1) repeal articles 79 and 88 of the Vietnamese penal code and similar vague national security measures used to persecute peaceful political dissent; and (2) release all political prisoners, especially activists, writers, and bloggers who have been detained or sentenced under articles 79 and 88. Urges the Department of State to monitor rule of law developments in Vietnam.
United States · United States Congress · 1 December 2011
Invest in American Jobs Act of 2011 - Revises Buy American requirements with respect to federal-aid highways, capital investment grants to support intercity passenger rail service (rail grants), and Amtrak, particularly the handling of waiver requests. Revises similar Buy American requirements with respect to public transportation, particularly rolling stock. Requires the cost of rolling stock components and subcomponents produced in the United States to increase from 60% in FY2012 by 10% annual increments up to 100% for FY2016 and ensuing fiscal years. Revises waiver requirements as well to mirror those for federal-aid highways. Applies the rail grant Buy American requirements under this Act to recipients of rail loans and loan guarantees with respect to railroad rehabilitation and improvement. Prescribes Buy American requirements for procurement of a facility or equipment under federal aviation programs similar to those for rolling stock. Requires the Secretary of Transportation (DOT) to report annually to Congress on: (1) each project for which a waiver of Buy American requirements was issued; and (2) the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver. Amends the Federal Water Pollution Control Act to prescribe Buy American requirements for steel, iron, and manufactured goods used in the construction of a publicly owned wastewater treatment works. Adds similar Buy American requirements to the Public Works and Economic Development Act of 1965, with respect to economic development programs, and to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, with respect to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program. Declares that only a vessel owned by a U.S. citizen for which a certificate of documentation with a registry endorsement is issued may engage in support of exploration, development, or production of resources in, on, above, or below the exclusive economic zone (EEZ), or any other activity in the EEZ, to the extent that the regulation of such activity is not prohibited under customary international law. Exempts from this requirement any activities requiring either a coastwise endorsement or a fishery endorsement. Subjects to U.S. shipping law any vessels operating in the EEZ, to the extent that the regulation of such operation is not prohibited under customary international law. Directs the Secretary of the department in which the Coast Guard is operating to establish a program to provide Coast Guard personnel with the training necessary for implementation of U.S. shipping law in the EEZ.
United States · United States Congress · 1 December 2011
Medicaid Enhancement and Emergency Job Creation Act of 2011 - Amends the American Recovery and Reinvestment Act of 2011 (ARRA) to extend through FY2012 the increase in the federal medical assistance percentage (FMAP) under SSA title XIX (Medicaid).
United States · United States Congress · 1 December 2011
Stop AIDS in Prison Act of 2011 - Directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community. Requires such policy to include provisions for: (1) testing of inmates upon intake and counseling; (2) HIV/AIDS prevention education; (3) HIV testing of prisoners annually upon request or upon exposure to HIV; (4) HIV testing of pregnant inmates; (5) comprehensive medical treatment of inmates who test positive for HIV and confidential counseling on managing their medical condition and preventing its transmission to other persons; (6) protection of confidentiality; (7) testing, counseling, and referral prior to reentry into the community; (8) allowing inmates the right to refuse routine HIV testing; (9) excluding as "routine" the testing of an inmate who may have transmitted HIV to any U.S. officer or employee or to any person lawfully present but not incarcerated in a correctional facility; and (10) timely notification of test results. Amends the federal criminal code to: (1) require HIV testing for all federal prison inmates upon intake regardless of length of sentence or risk factors, (2) allow inmates to decline testing prior to release from incarceration, and (3) make HIV testing part of the routine health screening conducted at intake. Requires the Bureau to report on: (1) testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) the incidence among prison inmates of diseases transmitted through sexual activity and intravenous drug use.