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United States · Official source
1,673 records where Rep. Bono Mack, Mary [R-CA-45] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 13 November 2012
Designates the facility of the United States Postal Service located at 225 Simi Village Drive in Simi Valley, California, as the "Postal Inspector Terry Asbury Post Office Building."
United States · United States Congress · 21 September 2012
Defend Your Home Against Wildfire Act - Directs the Secretary of Agriculture (USDA) and the Secretary of the Interior to establish a process for the expedited consideration of a permit application submitted by the owner of eligible private property to remove vegetation on federal land adjacent to the property to reduce the risk of catastrophic wildfire that would threaten a residential structure on such property. Requires the final decision on an application for a vegetation removal permit to be made no later than 14 days after the application is received. Prohibits a vegetation removal permit from authorizing vegetation removal activities by a private landowner on federal land more than 100 feet beyond the boundary or boundaries shared by such land and the eligible private property. Authorizes the Secretary concerned to make a grant to a recipient of a vegetation removal permit to help cover up to 25% of the vegetation removal costs.
United States · United States Congress · 2 August 2012
Stop Overdose Stat Act or the S.O.S. Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) award grants or enter into cooperative agreements to enable eligible entities to reduce deaths occurring from drug overdoses, and (2) give priority to eligible public health agencies or community-based organizations that have expertise in preventing deaths occurring from overdoses in high risk populations. Conditions receipt of a grant or agreement on an entity agreeing to use the grant or agreement for: (1) purchasing and distributing the drug naloxone; (2) educating physicians and pharmacists about overdose prevention and naloxone prescription; (3) training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response; (4) implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need; and (5) expanding such programs. Requires the Director to: (1) compile and publish, annually, data on fatal and nonfatal drug overdoses for the preceding year; and (2) award grants to state, local, or tribal governments, or the National Poison Data System working in conjunction with such governments, to improve drug overdose surveillance and reporting capabilities. Requires the Secretary of Health and Human Services (HHS) to develop and submit to Congress a plan to reduce the number of deaths occurring from overdoses. Requires the Director of the National Institute on Drug Abuse (NIDA) to: (1) prioritize and conduct or support research on drug overdose and overdose prevention, and (2) support research on the development of dosage forms of naloxone for the prehospital treatment of unintentional drug overdose.
United States · United States Congress · 1 August 2012
Designates the facility of the United States Postal Service located at 211 Hope Street in Mountain View, California, as the "Lieutenant Kenneth M. Ballard Memorial Post Office."
United States · United States Congress · 1 August 2012
Wildfire Suppression Aircraft Transfer Act of 2012 - Directs the Secretary of Defense (DOD) to transfer to the Secretary of Agriculture (USDA) 14 C-27J aircraft that are excess to DOD needs and that acceptable for use by the Forest Service for wildfire suppression purposes. Grants the USDA Secretary priorty over other federal agencies regarding such transfers. Allows the DOD Secretary during FY2013-FY2017 to sell aircraft and aircraft parts that are excess to DOD needs to persons or entities contracting with the federal government for wildfire suppression purposes.
United States · United States Congress · 1 August 2012
Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, the value of any medal awarded in, or any prize money received from the U.S. Olympic Committee on account of, competition in the Olympic Games.
United States · United States Congress · 31 July 2012
Condemns the growing repression of democracy and human rights in Ecuador, including the suppression of freedom of expression and increased government control over the judiciary. Calls on the Secretary of State to: (1) note in the 2012 and future Country Reports on Human Rights Practices for Ecuador the limited ability to report on the full account of human rights abuses in Ecuador due to a lack of transparency within government institutions in that country; and (2) provide to the relevant Senate and House committees a budget and performance review of Department of State and U.S. Agency for International Development (USAID) activities in Ecuador funded to promote strong democratic institutions, the rule of law, and human rights. Expresses concern regarding: (1) the lack of high-level counternarcotics cooperation between the United States and Ecuador, (2) aspects of Ecuador's actions that fail to meet the intentions of the Andean Trade Preference Act (ATPA) and the Andean Trade Promotion and Drug Eradication Act, and (3) the expanded relationship between Ecuador and Iran. Declares that the House of Representatives is not inclined to support a renewal of ATPA for Ecuador based on the current status of such concerns. Calls for a careful review of such concerns, in addition to Ecuador's eligibility as a beneficiary country, when considering renewal of ATPA, which expires on July 31, 2013.
United States · United States Congress · 19 July 2012
Stop Tampering of Prescription Pills Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for tamper-resistant drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects. Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not tamper-resistant if a tamper-resistant drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need. Requires an abbreviated new (generic) drug application for a tamper-resistant drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is tamper-resistant and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug. Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes tamper-resistant unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Prescribes requirements governing when a drug which is not tamper-resistant may have its approval withdrawn or suspended.
United States · United States Congress · 19 July 2012
Ensuring Women's Access to Free-Market Healthcare Act of 2012 - Amends the Internal Revenue Code, with respect to the tax treatment of health savings accounts (HSAs), to allow a health plan which does not have a deductible for prenatal, labor and delivery, and postpartum care to be treated as a high deductible health plan.
United States · United States Congress · 17 July 2012
Extends, until September 30, 2020, the repeal date of the Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006 (U.S. SAFE WEB Act of 2006).
United States · United States Congress · 12 July 2012
Victory for Veterans Stamp Act of 2012 - Directs the Postal Service to issue a special stamp, to be called the Victory for Veterans Stamp, at a cost of 25 cents each. Makes such Stamp invalid for postage. Requires Stamp sale proceeds to be used as follows: (1) one-third for funding Department of Veterans Affairs (VA) veterans' vocational rehabilitation programs, (2) one-third to the general fund of the Treasury for deficit reduction, and (3) one-third for the Postal Service for modernization and fiscal administration. Requires such Stamp to be made available to the public within six months after the enactment of this Act.
United States · United States Congress · 28 June 2012
Motor Vehicle Safety Act of 2012 - Repeals the prohibition against a motor vehicle safety standard's requiring or allowing a manufacturer to comply with it by using a buzzer designed to indicate a safety belt is not in use, except a buzzer that operates only during the eight-second period after the ignition is turned to the "start" or "on" position. (Thus allows manufacturers to comply with the standard by using any sort of buzzer.) Directs the Secretary of Transportation (DOT), with respect to odometer disclosures required when ownership of a motor vehicle is transferred, to prescribe regulations permitting any written disclosures or notices and related matters to be provided electronically. Increases civil penalties (including damages) for violations of federal prohibitions against tampering with odometers. Prohibits a person from selling, offering for sale, introducing in interstate commerce, or importing into the United States motor vehicles or equipment about which a notice of a defect or order of noncompliance with federal motor vehicle safety requirements has been issued. Prescribes conditions on the importation of vehicles and equipment. Requires an officer or employee designated by the Secretary to enter into a memorandum of understanding with the Secretary of Homeland Security (DHS) for inspections and sampling of motor vehicle equipment being offered for import to determine compliance with federal transportation law. Directs the Secretary to: (1) require motor vehicle safety recall information be made available to the public on the Internet, and (2) publicize the means for contacting a National Highway Traffic Safety Administration (NHTSA) motor vehicle safety defect hotline for manufacturer, dealer, and mechanic personnel. Directs the Secretary to issue regulations to require passenger motor vehicle manufacturers to affix, in a readily accessible location, a device that provides information on how to submit a safety-related motor vehicle defect complaint to NHTSA. Directs the Secretary to report to specified congressional committees on the quality of data collected through the National Automotive Sampling System, including the Special Crash Investigations Program. Declares that filing for bankruptcy shall not negate a manufacturer's duty to comply with motor vehicle safety requirements for the recall of defective motor vehicle and motor vehicle equipment. Directs the Secretary to establish within NHTSA a Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies. Directs the Secretary to complete an examination of the need for safety standards with regard to electronic systems in passenger motor vehicles. Directs the Secretary to modify federal motor vehicle safety standards to: (1) improve the protection of children seated in child restraint systems during side impact crashes, (2) improve the ease of use of child restraint anchorage systems, and (3) provide a safety belt use warning system for designated seating positions in the rear seat.
United States · United States Congress · 28 June 2012
Healthcare Tax Relief and Mandate Repeal Act - Amends the Internal Revenue Code to: (1) terminate the requirement, added by the Patient Protection and Affordable Care Act (PPACA), that individuals maintain minimum essential health insurance coverage for themselves and dependents; and (2) repeal provisions added by PPACA requiring certain employers who have a workforce of 50 or more full-time employees to provide health insurance coverage for their employees.
United States · United States Congress · 28 June 2012
Supports the designation of a National Eagle Scout Day to commemorate the contributions made by Eagle Scouts of the Boy Scouts of America.
United States · United States Congress · 27 June 2012
Behavioral Health Information Technology Act of 2012 - Amends the Public Health Service Act to include as a health care provider behavioral and mental health professionals, substance abuse professionals, psychiatric hospitals, certain community mental health centers, and residential or outpatient mental health or substance abuse treatment facilities. Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to incentives for meaningful use of certified electronic health records (EHR) technology under the pay schedule for physician's services, to include as eligible professionals clinical psychologists providing qualified psychologist services. Makes inpatient psychiatric hospitals eligible for payment for inpatient hospital services. Amends SSA title XIX (Medicaid) to treat as Medicaid providers: (1) public and certain private hospitals that are principally psychiatric hospitals, (2) certain community mental health centers, and (3) certain residential or outpatient mental health or substance abuse treatment facilities. Makes eligible professionals under the Medicaid program certain clinical psychologists providing qualified psychologist services. Authorizes a covered entity to submit to a Patient Safety Organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology the entity has used or provided. Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology. Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or electronic health record used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an Reallotted adverse event involving certified EHR technology to information: (1) related to that event, and (2) from the period in which the event occurred. Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first. Requires tolling of this limitation, however, to the extent that the claimant is able to prove: (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person. Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only. Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety. Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.
United States · United States Congress · 27 June 2012
Global Conservation Act of 2012 - Requires the Government Accountability Office (GAO) to audit, and report to Congress on, existing U.S. international conservation policies and programs to determine the extent to which such programs are: (1) addressing natural resource challenges to ensure healthy and sustainable supplies of water, wildlife, fish, forests, plants, and other critical resources; (2) advancing U.S. foreign policy priorities in areas such as security, democratization, sustainable food production, and clean water; (3) enhancing economic and wildlife conservation benefits derived from properly managed international hunting and angling tourism; (4) addressing poaching, illegal logging, fishing, and wildlife trafficking; and (5) establishing more effective policies and processes for executive branch agencies engaged in international conservation. Directs the President: (1) to establish the Interagency Working Group on Global Conservation; and (2) through such Working Group, to establish the International Conservation Strategy to strengthen the capacity of the United States to collaborate with other countries, international organizations, the private sector, and private voluntary organizations to conserve natural resources and enhance biodiversity. Requires the Strategy to provide a comprehensive plan of action that identifies specific and measurable benchmarks, goals, and time frames. Requires the Working Group to ensure that the Strategy is appropriate to local needs and conditions and incorporates the views of partner countries. Establishes the Global Conservation Public Advisory Board to: (1) advise the Working Group on matters related to U.S. international conservation policies and programs and the implementation of the Strategy; and (2) ensure that the best scientific, policy, economic security, and business expertise are reflected in U.S. international conservation strategies and policies. Prohibits any provision in this Act from being construed as restricting, limiting, or otherwise impairing: (1) properly managed recreational hunting and angling, or (2) the ability of any foreign jurisdiction or authority to authorize regulated programs supporting wildlife for local consumption and commercialization. Urges the President to work with foreign assistance donor countries to: (1) develop a comprehensive international conservation assistance strategy consistent with the United States International Conservation Strategy, (2) identify multilateral mechanisms to coordinate international action, and (3) agree on a timetable for achieving the goals of the United States International Conservation Strategy.
United States · United States Congress · 5 June 2012
Startup Act 2.0 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security (DHS) to adjust to conditional permanent resident status up to 50,000 aliens who have earned a master's or doctorate degree in a science, technology, engineering, or mathematics field (STEM field) and permit such an alien to remain in the United States: (1) for up to one year after the expiration of the alien's student visa, if the alien is searching for STEM field employment; and (2) indefinitely if the alien remains actively engaged in a STEM field. Removes a STEM alien's conditional status after five years of maintaining eligibility during the entire five-year period. Authorizes the Secretary to issue conditional immigrant visas to up to 75,000 qualified alien entrepreneurs. Removes such conditional basis after four years of maintaining qualified entrepreneur status. Eliminates the per-country numerical limitation for employment-based visas. Increases the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual People's Republic of China immigrant visas to offset status adjustments under such Act. Amends the Internal Revenue Code to: (1) provide a permanent full tax exclusion on gain from the sale or exchange of qualified small business stock held for more than five years, (2) repeal the minimum tax preference and the 28% capital gains rate on such stock, and (3) provide a limited tax credit for certain startup small businesses. Directs the Secretary of Commerce to use certain federal agency extramural budget funds to award grants to institutions of higher education for initiatives to improve commercialization and transfer of technology. Requires the head of any federal or independent regulatory agency, before issuing a notice of rulemaking in connection with the issuance of a proposed major rule, to complete a review that, among other things, analyzes the problem that the rule intends to address, and identifies and analyzes the rule's expected impact on state, local, and tribal governments, as well as on the ability of new businesses to form and expand. Requires a cost-benefit analysis before rule issuance. Directs the Secretary of Commerce to regularly compile: (1) information from each of the states and the District of Columbia on laws that affect the formation and growth of new businesses, and (2) quantitative and qualitative information on U.S. businesses that are not more than one year old.
United States · United States Congress · 30 May 2012
Expresses the sense of Congress that the Assistant Secretary of Commerce for Communications and Information should continue working to implement the position of the United States on Internet governance that articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the multistakeholder model that governs the Internet today.
United States · United States Congress · 15 May 2012
Jobs Originated through Launching Travel Act of 2012 or the JOLT Act of 2012 - Amends the Immigration and Nationality Act to direct the Secretary of State (Secretary) to establish a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the Secretary to collect and set fee amounts. Authorizes the Secretary of Homeland Security (DHS) to admit into the United States a qualifying Canadian citizen over 50 years old and spouse for a period not to exceed 240 days if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Directs the Secretary to make publicly available each month data for the previous two years regarding visa appointment availability for each visa processing post to allow applicants to identify periods of low demand. Revises the visa waiver program to: (1) authorize the Secretary of Homeland Security 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. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security to include in the Global Entry Trusted Traveler Network individuals who meet security requirements and are employed and sponsored by an international organization which maintains a strong working relationship with the United States. Prohibits enrollment in the Network of a person who is a citizen of a state sponsor of terror as defined in the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Directs the Secretary to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; (2) set a goal of interviewing 80% of all nonimmigrant visa applicants, worldwide, within three weeks of application receipt; and (3) explore expanding visa processing capacity in China and Brazil with the goal of maintaining interview wait times under 15 work days, recognizing that the first priority of U.S. missions abroad is U.S. citizen protection.
United States · United States Congress · 27 April 2012
Violence Against Women Reauthorization Act of 2012 - Amends the Violence Against Women Act of 1994 (VAWA) to: (1) revise or add universal definitions under such Act; (2) modify grant conditions for VAWA programs, including imposing restrictions on disclosure of victims' confidential and personally identifying information and expanding nondiscrimination requirements; and (3) require audits of VAWA programs to be conducted by the Office of Audit, Assessment, and Management in the Department of Justice (DOJ). Requires an annual audit of not fewer than 10% of all VAWA grantees beginning in FY2013 to prevent waste, fraud, and abuse of funds. Prohibits: (1) the awarding of grants to nonprofit organizations that hold money in offshore accounts for tax avoidance purposes, (2) the use of grant funds to lobby any governmental employee regarding the award of grant funding, and (3) the use of amounts authorized to be appropriated to DOJ or the Department of Health and Human Services (HHS) to host or support conferences without prior written approval by appropriate DOJ or HHS officials. Title I: Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand services for sexual assault victims, including male victims, under the grant programs for combatting violent crimes against women (STOP grants) and for encouraging arrest policies and enforcing protection orders for sexual assault victims. Amends the Violence Against Women Act of 2000 to expand the availability of competent pro bono legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking. Revises the grant programs for supporting families with a history of domestic violence, dating violence, sexual assault, or stalking to authorize the Attorney General to make grants to improve the response of the civil and criminal justice system to such families and to train court personnel in assisting such families. Extends through FY2017 the authorization of appropriations for the Court-Appointed Special Advocate program to assist child victims of abuse or neglect. Revises and reauthorizes through FY2017 the grant program for outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations. Eliminates the requirement that recipients of grants to combat violent sex crimes against women include linguistically specific services in administering such grants. Amends the DNA Analysis Backlog Elimination Act of 2000 to require that not less than 75% of the grant amounts awarded in FY2013-FY2014 under such Act be used for DNA analyses of samples from crimes scenes. Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA to extend through FY2017 the authorization of appropriations for grant programs to: (1) assist states, Indian tribes, and territories to establish, maintain, and expand rape crisis centers and other programs to assist victims of sexual assault; and (2) assist victims of domestic violence and other sexual assault crimes in rural areas. Amends the Victims of Trafficking and Violence Protection Act of 2000 to extend through FY2017 the authorization of appropriations for grants to end violence against women with disabilities and women in later life. Title III: Services, Protection, and Justice for Young Victims of Violence - Amends the Public Health Service Act to extend through FY2017 the authorization of appropriations for grants for rape prevention and education programs conducted by rape crisis centers. Amends VAWA to replace certain grant programs for the protection of young victims of violent crimes with a program requiring the Attorney General to award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, sexual assault, or stalking and to prevent future violence. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to expand the requirements for the grant program to combat violent crimes on campuses to require training on violent crimes for incoming students and campus law enforcement officials. Amends the Higher Education Act of 1965 to expand the requirements for disclosure of campus security policies and crime statistics by institutions of higher education to require disclosure of disciplinary proceedings and procedures to protect the confidentiality of crime victims. Title IV: Violence Reduction Practices - Extends through FY2017 the authorization of appropriations for grants through the Centers for Disease Control and Prevention (CDC) to support research to examine prevention and intervention programs to further the understanding of sexual and domestic violence by and against adults, youth, and children. Amends VAWA to authorize the Attorney General to award grants to prevent domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms (SMART Prevention grants). Title V: Strengthening the Health Care System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking by developing or enhancing and implementing: (1) interdisciplinary training for health professionals, public health staff, and allied health professionals; (2) education programs for health profession students to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; and (3) comprehensive statewide strategies to improve the response of clinics, public health facilities, hospitals, and other health settings to domestic violence, dating violence, sexual assault, and stalking. Title VI: Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA with respect to housing rights of victims of domestic violence, dating violence, sexual assault, and stalking. Prohibits denial or termination of housing assistance on the basis of being such a victim under specified federal housing programs (covered programs), including the low-income housing tax credit program, if the applicant or tenant otherwise qualifies for such admission, assistance, participation, or occupancy. Prohibits denial of assistance, tenancy, or occupancy rights to assisted housing based solely on certain criminal activity directly related to domestic violence engaged in by a member of the individual's household or by any guest or other person under the individual's control, if the tenant or an affiliated individual is the victim or threatened victim. Defines "affiliated individual" as: (1) a spouse, parent, brother, sister, or child of that individual, or someone to whom such individual stands in loco parentis; or (2) any other individual, tenant, or lawful occupant living in the individual's household. Allows a public housing agency (PHA) or an owner or manager of assisted housing to bifurcate a housing lease in order to evict, remove, or terminate assistance to any tenant or lawful occupant who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. Requires each appropriate agency to adopt a model emergency relocation and transfer plan, meeting specified criteria, for PHAs and owners or managers of assisted housing to use voluntarily in allowing tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to relocate or transfer to another available and safe dwelling unit of assisted housing. Requires the Secretary of Housing and Urban Development (HUD) to establish policies and procedures under which a victim requesting such a transfer may receive section 8 (voucher program) assistance under the United States Housing Act of 1937. Makes conforming amendments to the United States Housing Act of 1937. Revises eligibility requirements for transitional housing assistance grants for child victims of domestic violence, dating violence, sexual assault, or stalking to specify that any victims are eligible. Decreases the authorization of appropriations for such grants for FY2012-FY2016. Decreases the authorization of appropriations for FY2012-FY2016 also for: (1) collaborative grants to increase the long-term stability of victims, and (2) grants to combat violence against women in public and assisted housing. Title VII: Economic Security for Victims of Violence - Amends VAWA to extend through FY2017 the authorization of appropriations for grants to eligible nonprofit nongovernmental entities or tribal organizations for a national resource center on workplace responses to assist victims of domestic and sexual violence. Title VIII: Immigration Provisions - Amends the Immigration and Nationality Act to direct the the Secretary of Homeland Security (DHS) to consider any credible relevant evidence, including evidence submitted by an accused U.S. national or permanent resident, in adjudicating an application for cancellation of removal by an alien who has been battered or subjected to extreme cruelty. Provides that: (1) permanent resident self-petitions for a battered spouse, child, or parent shall be adjudicated at local U.S. Citizenship and Immigration Services offices and shall include an in-person interview with the petitioning alien; (2) a petition shall not be granted unless it is supported by clear and convincing evidence; and (3) if the alien has made a material misrepresentation during any aspect of the self-petition adjudication the petition shall be denied and the alien removed from the U.S. on an expedited basis. Requires that a certification for a nonimmigrant U-visa (victims of certain crimes) confirm that: (1) the petitioner reported the criminal activity to a law enforcement agency within 60 days of its occurrence, (2) the statute of limitations for prosecuting the criminal activity has not lapsed, (3) the criminal activity is under active investigation or prosecution, and (4) the petitioner has provided information that will assist in identifying the perpetrator or the perpetrator's identity is known. Requires that a petition filed by a U.S. citizen for a nonimmigrant K-visa (fiancee/fiance) contain information on whether the petitioner has been convicted of attempting to commit abuse or stalking and whether any permanent protection or restraining orders have been issued against such petitioner. Amends the International Marriage Broker Regulation Act of 2005 to prohibit an international marriage broker from providing any individual or entity with personal contact information about an individual under the age of 18. Requires a broker to obtain, and keep for five years, a valid copy of each foreign national client's birth certificate or other official proof of age documented by the appropriate government entity. Requires the Government Accountability Office (GAO) to report to Congress on the approval processes for U-visa petitions and self-petitions for permanent residence filed by battered aliens in order to assess fraud and abuse safeguards. Eliminates authority to adjust U-visa recipients to permanent resident status. Requires DHS to report to Congress each year on the U-visa program, the T-visa program (victims of trafficking) and the self-petition process for battered aliens. Makes the surviving child of an alien who was a VAWA self-petitioner who filed a pending or approved petition for classification or application for status adjustment or other benefit eligible for lawful permanent resident status under such alien's petition. Excludes from the public charge bar to admission an alien who is: (1) a VAWA self-petitioner, (2) a U-visa applicant, or (3) a battered spouse or child. States that an unmarried alien who seeks to accompany, or follow to join, a parent granted U-visa status who was under 21 years of age on the date on which the parent petitioned for such status shall continue to be classified as a child if the alien attains 21 years of age after the parent's petition was filed but while it was pending. Extends the conditions under which the waiver of the two-year waiting period for permanent resident status application may be granted to a battered alien spouse. Authorizes DOJ, the Department of State, and DHS to disclose information to national security officials solely for national security use in a manner that protects the confidentiality of such information. Requires GAO to report to Congress on the adjudication of U-visa petitions. Title IX: Safety for Indian Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct a portion of certain grants to combat violent crime against American Indian women toward: (1) sex trafficking, (2) services for youthful victims, and (3) legislation and policies effective in combating such crime. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to require the National Institute of Justice to include sex trafficking in its study of violence against Indian women. Title X: Criminal Provisions - Amends the federal criminal code to expand sexual abuse provisions involving a ward who is in official detention or supervised by, or otherwise under the control of, the United States, to include sexual abuse of such ward: (1) during arrest; (2) during pretrial release; (3) while in official detention or custody; or (4) while on probation, supervised release, or parole. Enhances criminal penalties for criminal civil rights violations involving sexual abuse. Amends the Civil Rights of Institutionalized Persons Act and the Prison Rape Elimination Act of 2003 to prohibit the commission of a sexual act in custodial settings. Directs the DHS Secretary to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rapes and sexual assaults in detention facilities for aliens detained for a violation of U.S. immigration laws. Requires the Secretary of HHS to publish a similar final rule for the protection of unaccompanied alien children in custodial facilities. Amends the federal criminal code to increase criminal penalties for: (1) the crime of stalking involving conduct in violation of a protection order or involving victims under the age of 18 or over the age of 65; and (2) the crime of assault, including assaults of a spouse, intimate partner, or dating partner by strangling or suffocating. Imposes mandatory minimum prison terms for aggravated sexual abuse involving force or threats (10 years) and for aggravated sexual abuse involving other means, including by the use of drugs or intoxicants (5 years).
United States · United States Congress · 18 April 2012
Designates the facility of the United States Postal Service located at 19 East Merced Street in Fowler, California, as the "Cecil E. Bolt Post Office."
United States · United States Congress · 27 March 2012
Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012 or SECURE IT Act of 2012 - Authorizes private entities to employ countermeasures and use cybersecurity systems to obtain, identify, or possess cyber threat information on its own networks or the networks of another entity with such entity's authorization. Allows private entities, nonfederal government agencies, or state, tribal, or local governments to voluntarily disclose cyber threat information to designated cybersecurity centers or to each other to assist with preventing, investigating, or mitigating threats to information security. Requires federal contractors of electronic communication, remote computing, or cybersecurity services to immediately provide the contracting agency with any cyber threat information directly related to the contract. Permits contractors to also provide such information to a cybersecurity center. Directs federal agencies receiving such contractor-provided information to disclose it immediately to a cybersecurity center. Declares that such contractor information requirements and procedures shall not apply with respect to services provided under a contract in effect on the date of enactment of this Act. Permits cyber threat information provided to a cybersecurity center to be disclosed to, or used by, consistent with otherwise applicable law, the federal government for a cybersecurity or national security purpose or to prevent, investigate, or prosecute various criminal offenses for which law enforcement officials are authorized, under existing law, to seek a court order authorizing an interception of wire, oral, or electronic communications. Prohibits federal, state, tribal, or local agencies from directly using such information to regulate an entity's lawful activities. Sets forth conditions with regard to information provided to a cybersecurity center including: (1) the disclosure of such information to state, tribal, or local governments; (2) the use, distribution, and any prerequisite consent necessary for sharing such information; and (3) the legal treatment of such information under specified privileges, exemptions, ex parte communications rules, and requirements for disclosing public information and records. Provides legal protections to entities engaged in authorized cybersecurity activities. Directs the Director of National Intelligence (DNI) and Secretary of Defense (DOD) to develop procedures for sharing classified and unclassified information through cybersecurity centers. Authorizes the Council of the Inspectors General on Integrity and Efficiency to review compliance by cybersecurity centers and federal agencies with required procedures, including privacy and civil liberty protections through anonymization and other methods. Amends the Federal Information Security Management Act of 2002 to replace existing information security procedures for federal agencies with a new framework for coordinating and securing federal information. Directs the Secretary of Commerce to issue compulsory and binding policies and directives governing agency information security operations. Requires that national security systems be overseen as directed by the President. Requires each agency to comply with such policies and provide risk-commensurate information security protections for information systems used or operated by the agency or a contractor or other organization on an agency's behalf. Requires each agency's Chief Information Officer to develop an agencywide information security program. Directs the Secretary of Homeland Security (DHS) to: (1) designate a DHS entity to conduct an ongoing security analysis of agency information systems using automated processes, and (2) develop a timeline for each agency to adopt continuous monitoring systems. Sets forth separate requirements for national security systems. Requires that federal information systems be based on National Institute of Standards and Technology (NIST) standards. Amends the Computer Fraud and Abuse Act to increase and further delineate the criminal penalties for computer fraud and related activities. Establishes an offense for aggravated damage to a public or private critical infrastructure computer that manages or controls systems or assets vital to national defense, national security, national economic security, or public health or safety. Amends the High-Performance Computing Act of 1991 to re-designate the National High-Performance Computing Program as the Networking and Information Technology Research and Development Program. Requires the Director of the Office of Science and Technology Policy (STP) to establish goals for inter-agency collaborative research and development with Program Component Areas, industry, institutions of higher education, federal laboratories, and international organizations. Directs agencies to develop a five-year strategic plan. Requires that agencies be encouraged under the Program to address application areas with potential for contributions to national economic competitiveness and other societal benefits. Directs the STP Director to continue a National Coordination Office (NCO) with a Director and full-time staff to: (1) provide technical and administrative support to agencies implementing the Program and to the advisory committee on networking and information technology, and (2) serve as the primary point of contact on federal networking and information technology activities. Requires the NCO Director to convene: (1) a task force (with participants from institutions of higher education, federal laboratories, and industry) to report to Congress on options for the research, development, and organizational structure of cyber-physical systems; and (2) an interagency working group to report to Congress on the potential use of cloud computing for federally funded science and engineering research. Defines "cyber-physical systems" as physical or engineered systems whose networking and information technology functions and physical elements are integrated and actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions. Directs the STP Director to convene a university-industry task force to report to Congress on mechanisms for carrying out collaborative research, development, education, and training activities for cybersecurity. Requires the National Science Foundation (NSF) to continue a Federal Cyber Scholarship-for-Service program. Requires NIST to coordinate federal agencies engaged in the development of international technical standards. Amends the Cyber Security Research and Development Act to add research areas eligible for NSF computer and network security research grants and to revise the application requirements for the establishment of a research center. Authorizes various grant programs, traineeships, and research centers through FY2014. Repeals the cyber security faculty development traineeship program. Requires NIST to expand its checklist of requirements for government hardware and software systems to include security automation standards and protocols enabling standardized and interoperable technologies for continuous monitoring of information security within the federal government. Requires NIST to conduct intramural security research activities under its computing standards program.
United States · United States Congress · 1 March 2012
Affirms that it is a vital national interest of the United States to prevent Iran from acquiring a nuclear weapons capability and warns that time is limited to prevent that from happening. Urges increasing economic and diplomatic pressure on Iran to secure an agreement that includes: (1) suspension of all uranium enrichment-related and reprocessing activities, (2) complete cooperation with the International Atomic Energy Agency (IAEA) regarding Iran's nuclear activities, and (3) a permanent agreement that verifiably assures that Iran's nuclear program is entirely peaceful. Supports: (1) the universal rights and democratic aspirations of the Iranian people, and (2) U.S. policy to prevent Iran from acquiring nuclear weapons capability. Rejects any U.S. policy that would rely on efforts to contain a nuclear weapons-capable Iran. Urges the President to reaffirm the unacceptability of an Iran with nuclear-weapons capability and oppose any policy that would rely on containment as an option in response to the Iranian nuclear threat.
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 · 28 February 2012
Online Pharmacy Safety Act - Amends the the Federal Food, Drug, and Cosmetic Act to permit the dispensing of drugs only pursuant to a "valid prescription" and requires such a prescription to include at least one in-person medical evaluation of the patient by a licensed health care practitioner. Requires the the Secretary of Health and Human Services (HHS) to establish a Registry of Legitimate Online Pharmacy Websites for the purpose of educating consumers and promoting public health and safety. Allows only those pharmacies designated as legitimate by the Secretary on the site. Sets forth criteria for determining the legitimacy of a pharmacy. Requires the Secretary to: (1) engage in a campaign to educate consumers on the availability and use of the Registry to promote public health and safety; and (2) make consumer education materials available, on the Food and Drug Administration's (FDA) website, regarding how to safely purchase drugs over the Internet.
United States · United States Congress · 16 February 2012
Designates the facility of the United States Postal Service located at 1444 Main Street in Ramona, California, as the "Nelson 'Mac' MacWilliams Post Office Building."
United States · United States Congress · 16 February 2012
Health Information Technology Reform Act - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to exclude pathologists from Medicare and Medicaid incentive payments and, in particular, penalties relating to the meaningful use of electronic health records.
United States · United States Congress · 16 February 2012
Amends the Communications Act of 1934 to require one member of the Federal-State Joint Board on universal service (recommends changes to universal service implementation regulations) to be a Tribal representative who is nominated by the Federal Communication Commission's (FCC) Office of Native Affairs and Policy and appointed by the FCC.
United States · United States Congress · 16 February 2012
Science and Technology Regulatory Relief Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit a state or political subdivision from conducting or requiring an inspection of a factory, warehouse, or establishment in which a drug or device is manufactured, processed, packed, or held by a manufacturer or wholesale distributor for introduction into interstate commerce, or after such introduction, for purposes of verifying compliance with such Act, Public Health Service Act requirements regarding the regulation of biological products, or any similar requirements established pursuant to state law. Makes exceptions for such an inspection if: (1) the state or subdivision makes a determination that a drug or device presents a threat of serious adverse health consequences or death; (2) the Secretary of Health and Human Services (HHS) orders a recall of a drug, biological product, or device manufactured, processed, packed, or held at the factory, warehouse, or establishment; or (3) the Secretary requests or authorizes the state to conduct or require the inspection.
United States · United States Congress · 9 February 2012
Energizing America through Employment Act - Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008. Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline. Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities. Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline. Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State. States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA. Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act. Instructs the Secretary of State, for purposes of making a national interest determination under Executive Order 13337 (or any successor Executive Order) regarding a pipeline application, to solicit the views of specified congressional committees regarding such application and pertinent information.
United States · United States Congress · 2 February 2012
Designates the facility of the United States Postal Service located at 8771 Auburn Folsom Road in Roseville, California, as the "Private First Class Victor A. Dew Post Office."
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 · 2 December 2011
North American Energy Access Act - Prohibits construction, operation, or maintenance of the oil pipeline and related facilities described in the Final Environmental Impact Statement (EIS) for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011 (including any modified version of that pipeline and related facilities), unless it is in compliance with the terms of a permit prescribed under this Act. Instructs the Federal Energy Regulatory Commission (FERC), to issue, within 30 days after receipt of an application, a permit for such pipeline and related facilities implemented in accordance with such Final EIS. Deems a permit to have been issued if FERC has not acted upon a permit application within 30 days after receipt. Declares FERC approval a prerequisite to authorization for a permit applicant to make substantial modifications to either the pipeline route or any other term of the Final EIS. Directs FERC to: (1) enter into a memorandum of understanding with the state of Nebraska for review under the National Environmental Policy Act of 1969 of any modification to the proposed pipeline route, and (2) complete consideration and approval of such modification within 30 days after receiving the governor's approval. Deems approval to have been issued if FERC has not acted within 30 days after receiving an application for approval of a modification. Declares a permit issued under this Act to be the sole legal authority to construct, operate, and maintain the Keystone XL Pipeline Project and related facilities.
United States · United States Congress · 1 December 2011
Amends the Railway Labor Act to require the National Mediation Board to apply the same procedures, including voting standards, to the direct decertification of a labor organization as are applied to elections to certify a representative.
United States · United States Congress · 30 November 2011
Cyber Intelligence Sharing and Protection Act of 2011 - Amends the National Security Act of 1947 to add provisions concerning cyber threat intelligence and information sharing. Defines "cyber threat intelligence" as information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private entity, including information pertaining to the protection of a system or network from: (1) efforts to degrade, disrupt, or destroy such system or network; or (2) theft or misappropriation of private or government information, intellectual property, or personally identifiable information. Requires the Director of National Intelligence to: (1) establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities, and (2) encourage the sharing of such intelligence. Requires the procedures established to ensure that such intelligence is only: (1) shared with certified entities or a person with an appropriate security clearance, (2) shared consistent with the need to protect U.S. national security, and (3) used in a manner that protects such intelligence from unauthorized disclosure. Provides for guidelines for the granting of security clearance approvals to certified entities or officers or employees of such entities. Authorizes a cybersecurity provider (a non-governmental entity that provides goods or services intended to be used for cybersecurity purposes), with the express consent of a protected entity (an entity that contracts with a cybersecurity provider) to: (1) use cybersecurity systems to identify and obtain cyber threat information in order to protect the rights and property of the protected entity; and (2) share cyber threat information with any other entity designated by the protected entity, including the federal government. Regulates the use and protection of shared information, including prohibiting the use of such information to gain a competitive advantage and, if shared with the federal government, exempts such information from public disclosure. Prohibits a civil or criminal cause of action against a protected entity, a self-protected entity (an entity that provides goods or services for cybersecurity purposes to itself), or a cybersecurity provider acting in good faith under the above circumstances. Directs the Privacy and Civil Liberties Oversight Board to submit annually to Congress a review of the sharing and use of such information by the federal government, as well as recommendations for improvements and modifications to address privacy and civil liberties concerns. Preempts any state statute that restricts or otherwise regulates an activity authorized by the Act.
United States · United States Congress · 18 November 2011
Job Creation Act of 2011 - Title I: Trade - Expresses the sense of Congress that: (1) Congress should continue to work with the Administration to expand trading markets; (2) the President should pursue quick entry into force of the United States-Colombia Trade Promotion Agreement, the United States-Panama Trade Promotion Agreement, and the United States-Korea Free Trade Agreement; and (3) the future growth of the U.S. economy requires this pro-growth strategy. Expresses the sense of Congress that China's intellectual property rights violations are a problem for the U.S. economy. Title II: Tax Reform - Expresses the sense of Congress that reforming the federal tax code will benefit taxpayers and the U.S. economy. Title III: Balanced Budget Amendment - Expresses the sense of Congress that it needs to pass a balanced budget amendment to the U.S. Constitution and send it to the states for ratification. Title IV: Energy - American Energy Independence and Price Reduction Act - Directs the Secretary of the Interior to implement a competitive leasing program for the exploration, development, and production of the oil and gas resources on the Coastal Plain of Alaska. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against leasing or other development leading to production of oil and gas from the Arctic National Wildlife Refuge (ANWR). Deems any oil and gas leasing programs and activities authorized by this Act to be in compliance with ANWR purposes. Authorizes the Secretary to designate up to 45,000 acres of the Coastal Plain as a Special Area, after consultation with the state of Alaska, the city of Kaktovik, and the North Slope Borough. Permits directional drilling in the Special Area. Prescribes procedures governing Coastal Plain lease sales, as well as terms and conditions, including: (1) environmental protection; (2) federal and state distribution of revenues; (3) rights-of-way; and (4) local government impact aid and community service assistance. Sets forth: (1) a "no significant adverse effect" standard to govern Coastal Plain activities; and (2) guidelines for expedited judicial review of complaints. Establishes the ANWR Alternative Energy Trust Fund. Title V: Reduction In Federal Workforce - Requires the Office of Management and Budget (OMB) to take appropriate measures to ensure that: (1) the total number of federal employees, beginning in FY2015, does not exceed 90% of the total number of such employees as of September 30, 2011; (2) until the end of FY 2014,agencies do not appoint more than one employee for every three employees retiring or otherwise separating from government service; and (3) there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Requires OMB to continuously monitor all agencies and make a determination as to whether the total number of federal employees exceeds the limitation imposed by this Act. Prohibits a federal agency from filling any vacancy unless OMB provides written notice to the President and Congress that the number of federal employees does not exceed the limitation established by this Act. Allows the President to waive the workforce limitations imposed by this Act if the President determines that the existence of a state of war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. Allows the President additional discretion to waive such workforce limitations if the President determines that the efficiency of a federal agency or the performance of its critical mission so requires. Title VI: Repeal of Employer Health Insurance Mandate - Amends the Internal Revenue Code to repeal provisions added by the Patient Protection and Affordable Care Act requiring certain employers who have a workforce of 50 or more full-time employees to provide health insurance coverage for their employees. Title VII: Secret Ballot Protection Act - Secret Ballot Protection Act - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a unit appropriate for such purposes in a secret ballot election conducted by the National Labor Relations Board (NLRB), or (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner. Title VIII: Federal Rules of Civil Procedure Improvements - Amends Rule 11 of the Federal Rules of Civil Procedure (sanctions for filing a frivolous lawsuit) to: (1) require courts to award reasonable expenses, including attorney's fees, to a prevailing party in a Rule 11 proceeding (currently discretionary); and (2) eliminate the 21-day period allowed for withdrawing or correcting a claim deemed frivolous. Requires state courts to apply Rule 11 to actions in state courts that substantially affect interstate commerce. Limits venue for personal injury claims filed in state or federal courts to the county or district: (1) in which the plaintiff or defendant resides, (2) where the plaintiff resided at the time of the alleged injury, or (3) the district in which the defendant's principal place of business is located. Imposes additional sanctions: (1) on attorneys who are found to violate Rule 11 three or more times, and (2) for willful and intentional destruction of documents relevant to a pending action in federal court. Establishes a rebuttable presumption of a Rule 11 violation if a plaintiff attempts to litigate a claim that has already been litigated and lost on the merits. Prohibits a court in a Rule 11 proceeding from ordering the nondisclosure of the record of the proceeding unless the court makes a specific finding of fact that justifies such an order. Title IX: Regulatory Flexibility Improvements Act of 2011 - Regulatory Flexibility Improvements Act of 2011 - Amends the Regulatory Flexibility Act of 1980 (RFA) to revise the definition of "rule" under such Act to exclude a rule of particular (and not general) applicability relating to rates, wages, and other financial indicators and to define "economic impact" with respect to a proposed or final rule as any direct economic effect on small entities from such rule and any indirect economic effect on small entities that is reasonably foreseeable and that results from such rule. Includes tribal organizations within the definition of "small governmental jurisdictions" for purposes of such Act. Requires initial and final regulatory flexibility analyses to: (1) describe alternatives to a proposed rule that minimize any adverse significant economic impact or maximize the beneficial significant economic impact on small entities, and (2) include revisions or amendments to a land management plan developed by the Secretary of Agriculture or the Secretary of the Interior under specified Acts. Expands elements of initial and final regulatory flexibility analyses under RFA to include estimates and descriptions of the cumulative economic impact of a proposed rule on a small entity. Repeals provisions allowing a waiver or delay of the completion of an initial regulatory flexibility analysis. Requires the Chief Counsel for Advocacy of the Small Business Administration (SBA) to issue rules governing federal agency compliance with RFA requirements. Authorizes the Chief Counsel to modify or amend such rules, to intervene in agency adjudication relating to such rules, and to inform an agency of the impact of its rulemaking on small entities. Revises requirements for agency notification of the SBA Chief Counsel for Advocacy prior to the publication of any proposed rule. Requires agencies to provide the Chief Counsel with: (1) all materials prepared or utilized in making the proposed rule, and (2) information on the potential adverse and beneficial economic impacts of the proposed rule on small entities. Requires each agency to publish in the Federal Register a plan for the periodic review of existing and new rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded. Provides for judicial review of an agency final rule for compliance with RFA requirements after the publication of such rule. Grants federal courts of appeal jurisdiction to review all final rules issued in accordance with RFA.
United States · United States Congress · 14 November 2011
Fallen Heroes of 9/11 Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of congressional gold medals in honor of the men and women who perished as a result of the September 11, 2001, terrorist attacks on the United States to the Flight 93 National Memorial in Pennsylvania, the National September 11 Memorial and Museum in New York, and the Pentagon Memorial at the Pentagon. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medals, with amounts received from the sale to be deposited in the United States Mint Public Enterprise Fund.
United States · United States Congress · 10 November 2011
Enhanced Border Security Act - Directs the Secretary of State to submit to Congress a counterinsurgency strategy that: (1) outlines the transnational criminal organizations in Mexico; (2) assesses Mexico's capabilities to counter such organizations; (3) describes such organizations' operations in the United States and at the U.S. and international borders, and presents a plan to combat their operations and financial networks; and (4) utilizes all such information to combat the terrorist insurgency in Mexico. Requires the Secretary and the Office of Foreign Assets Control of the Department of the Treasury to update such strategy reports quarterly.
United States · United States Congress · 3 November 2011
Visa Improvements to Stimulate International Tourism to the United States of America Act or the VISIT USA Act - Amends the Immigration and Nationality Act to provide qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa. Requires such persons to be screened through the automated electronic travel authorization system. Transfers authority to establish and collect the premium fee for employment-based petitions and applications from the Attorney General (DOJ) to the Secretary of Homeland Security (DHS). Directs the Secretary of State to: (1) offer for a fee premium visitor visa processing; (2) develop, subject to security concerns, a pilot program for processing visitor visas using secure remote videoconferencing technology to conduct visa interviews; and (3) decrease nonimmigrant visa application and issuance fees in selected countries when there is a low demand from such countries for visitor visas. Establishes a W (nonimmigrant)-visa for: (1) a Canadian citizen who is older than 50 years of age and owns a U.S. residence or has rented a U.S. accommodation for the duration of his or her stay; and (2) such alien's accompanying spouse and children. Makes such visa renewable every three years with a maximum stay of 240 consecutive days in each authorized period. Revises the visa waiver program to: (1) authorize the Secretary of Homeland Security 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. Establishes an X (nonimmigrant)-visa for: (1) an alien who invests (and maintains) at least $500,000 in U.S. residential real estate, of which at least $250,000 must be for a U.S. primary residence where such person will reside for more than 180 days per year; and (2) such alien's accompanying spouse and children. Makes such visa renewable every three years. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security to include in the Global Entry Trusted Traveler Network individuals who meet security requirements and are employed and sponsored by an international organization which maintains a strong working relationship with the United States.
United States · United States Congress · 27 October 2011
America's Cup Act of 2011 - Authorizes vessels operating in preparation for, or in connection with, the 34th America's Cup competition, that have been certified by the Administrator of the Maritime Administration to be eligible vessels, to position competing vessels and transport individuals, equipment, and supplies utilized for the staging, operations, or broadcast of the competition from and around U.S. ports. Deems such an eligibility certification to be conclusive evidence to the Secretary of the Department of Homeland Security (DHS) of the qualification of a vessel to participate in the competition. Subjects to specified penalties any vessel participating in the 34th America's Cup as a competing or supporting vessel that has not received an eligibility certification or that is not in compliance with provisions regarding coastwise endorsement to specified penalties.
United States · United States Congress · 27 October 2011
Diagnostic Imaging Services Access Protection Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services (HHS) from applying a multiple procedure payment reduction policy to the professional component of imaging services furnished: (1) in 2012; or (2) in 2013 or a subsequent year unless the reduction is based on the data, analysis, and conclusions of a study completed by an expert panel of physician members from a national medical speciality society expert in the field of diagnostic imaging services.
United States · United States Congress · 26 October 2011
Stop Online Piracy Act - Authorizes the Attorney General (AG) to seek a court order against a U.S.-directed foreign Internet site committing or facilitating online piracy to require the owner, operator, or domain name registrant, or the site or domain name itself if such persons are unable to be found, to cease and desist further activities constituting specified intellectual property offenses under the federal criminal code including criminal copyright infringement, unauthorized fixation and trafficking of sound recordings or videos of live musical performances, the recording of exhibited motion pictures, or trafficking in counterfeit labels, goods, or services. Sets forth an additional two-step process that allows an intellectual property right holder harmed by a U.S.-directed site dedicated to infringement, or a site promoted or used for infringement under certain circumstances, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to forward the notification and suspend their services to such an identified site unless the site's owner, operator, or domain name registrant, upon receiving the forwarded notification, provides a counter notification explaining that it is not dedicated to engaging in specified violations. Authorizes the right holder to then commence an action for limited injunctive relief against the owner, operator, or domain name registrant, or against the site or domain name itself if such persons are unable to be found, if: (1) such a counter notification is provided (and, if it is a foreign site, includes consent to U.S. jurisdiction to adjudicate whether the site is dedicated to such violations), or (2) a payment network provider or Internet advertising service fails to suspend its services in the absence of such a counter notification. Requires online service providers, Internet search engines, payment network providers, and Internet advertising services, upon receiving a copy of a court order relating to an AG action, to carry out certain preventative measures including withholding services from an infringing site or preventing users located in the United States from accessing the infringing site. Requires payment network providers and Internet advertising services, upon receiving a copy of such an order relating to a right holder's action, to carry out similar preventative measures. Provides immunity from liability for service providers, payment network providers, Internet advertising services, advertisers, Internet search engines, domain name registries, or domain name registrars that take actions required by this Act or otherwise voluntarily block access to or end financial affiliation with such sites. Permits such entities to stop or refuse services to certain sites that endanger public health by distributing prescription medication that is adulterated, misbranded, or without a valid prescription. Expands the offense of criminal copyright infringement to include public performances of: (1) copyrighted work by digital transmission, and (2) work intended for commercial dissemination by making it available on a computer network. Expands the criminal offenses of trafficking in inherently dangerous goods or services to include: (1) counterfeit drugs; and (2) goods or services falsely identified as meeting military standards or intended for use in a national security, law enforcement, or critical infrastructure application. Increases the penalties for: (1) specified trade secret offenses intended to benefit a foreign government, instrumentality, or agent; and (2) various other intellectual property offenses as amended by this Act. Directs the U.S. Sentencing Commission to review, and if appropriate, amend related Federal Sentencing Guidelines. Requires the Secretary of State and Secretary of Commerce to appoint at least one intellectual property attache to be assigned to the U.S. embassy or diplomatic mission in a country in each geographic region covered by a Department of State regional bureau.
United States · United States Congress · 14 October 2011
Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act or the RELIEF Act - Amends the Lacey Act Amendments of 1981 to: (1) make such Act inapplicable to any plant that was imported into the United States before May 22, 2008, or any finished plant or plant product the assembly and processing of which was completed before such date; (2) limit the application of plant importation declaration requirements to plants that are entered for consumption; (3) exclude from declaration requirements a plant product that is derived from a tree unless the product is solid wood (requires the Administrator of the Animal and Plant Health Inspection Service to issue regulations that define the term "solid wood" for such purpose); (4) make the prohibition on asserting an ownership interest in property that it is illegal to possess inapplicable to an imported plant or plant product acquired by an innocent owner; and (5) establish civil penalties for specified first violations involving plant importations. Requires the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970, to review the implementation of plant declarations with 180 days. Requires the Director of the United States Fish and Wildlife Service (currently, the Secretary of Commerce) to report on plant declaration requirements, including an evaluation of the feasibility of creating a publicly available database of laws of foreign countries from which plants are exported. Requires the heads of federal agencies responsible for implementing such Act to allocate sufficient amounts to implement provisions concerning plant declarations from amounts otherwise available. Requires the Director of the United States Fish and Wildlife Service, the Administrator of the Animal and Plant Health Inspection Service, and the heads of other federal agencies responsible for implementing such Act to issue regulations to establish a standard certification process for plant and plant products legally harvested, imported, or manufactured after May 22, 2008, that considers individual item certification and individual manufacturer, importer, and retailer certification for purposes of sale and resale. Requires the Federal Trade Commission (FTC) to review and report on the competitiveness in the domestic market for raw materials for the manufacture of musical instruments and the impact of this Act on such competitiveness.
United States · United States Congress · 14 October 2011
Food and Drug Administration Mission Reform Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the mission of the Food and Drug Administration (FDA) to include establishment of a regulatory system that: (1) advances medical innovation by incorporating modern scientific tools, standards, and approaches; (2) protects the public health and enables patients to access novel products while promoting economic growth, innovation, competitiveness, and job creation among the industries regulated by the FFDCA; (3) is based on the best available science; (4) allows for public participation and an open exchange of ideas; (5) promotes predictability, allows flexibility, and reduces uncertainty; (6) identifies and uses the most innovative and least burdensome tools for achieving regulatory ends; (7) ensures that regulations are accessible, consistent, transparent, written in plain language, and easy to understand; (8) measures, and seeks to improve, the actual results of regulatory requirements; and (9) incorporates a patient-focused benefit-risk framework that accounts for varying degrees of risk tolerance.
United States · United States Congress · 14 October 2011
FDA Renewing Efficiency From Outside Reviewer Management Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise and extend through October 1, 2017, provisions authorizing accredited persons to provide classification reports for a medical device and to inspect class II device or class III device facilities. Deems a recommendation of an accredited person as to the classification of a medical device to be accepted by the Secretary of Health and Human Services (HHS) if the Secretary fails to make a determination with respect to the recommendation within 30 days. Requires the Secretary to regularly publish: (1) detailed decision summaries for each clearance of a device, classification of a device, approval of an application of a device, or grant of exemption for a device occurring after the enactment of this Act; and (2) total product life cycles information for devices. Expands the devices for which an accredited person may perform a review to include: (1) a class II device for which clinical data is required in the report, and (2) a class II device which is intended to be permanently implantable or life sustaining or supporting only if notification is provided to the Secretary before such a review. Deems the review permissible if the Secretary does not object within 60 days. Requires the Secretary to provide for the initial training and periodic updating of training of accredited persons. Makes accreditation valid for three years. Sets forth provisions regarding reaccreditation. Prohibits an accredited person from being a sole practitioner. Provides that the prohibitions against an accredited person being owned or controlled by a manufacturer, supplier, or vendor of devices or engaging in the design, manufacture, promotion, or sale of devices shall apply only if the devices are of the same type for which the person is accredited.
United States · United States Congress · 13 October 2011
March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.
United States · United States Congress · 6 October 2011
Earthquake Insurance Affordability Act - Authorizes the Secretary of the Treasury to guarantee holders of debt against loss of principal or interest, or both, on debt issued by eligible state programs designed to: (1) promote the availability of private capital to provide liquidity and capacity to state earthquake (specifically, residential property) insurance programs, and (2) expedite the payment of claims under such programs and better assist financial recovery from significant earthquakes. Prescribes operational requirements for eligible state programs which include an established earthquake insurance program that: (1) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses; and (2) does not require insurers to pool resources to provide property insurance coverage for earthquakes. Includes among such operational requirements that the state: (1) has in effect and enforces, or the appropriate local governments within the state have in effect and enforce, nationally recognized building, seismic-design, and safety codes and consensus-based standards; and (2) has taken actions to establish an insurance rate structure that takes into account measures to mitigate insured losses. Directs the Secretary to establish procedures for certification of an eligible state program. Limits to $5 billion, including interest, the aggregate principal amount of outstanding debt obligations guaranteed by the Secretary. Makes appropriations to satisfy debt guarantee commitments. Requires the Secretary, upon request of an eligible state program, to provide such debt guarantees. Pledges the full faith and credit of the United States to the payment of all guarantees issued under this Act.
United States · United States Congress · 23 September 2011
Creating Hope Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the priority review voucher program for tropical diseases to: (1) include rare pediatric diseases; (2) allow unlimited transfers of vouchers under the program; and (3) require a sponsor intending to use a voucher to notify the Secretary of Health and Human Services (HHS) at least 90 days (currently, 365 days) before submission of the application. Revises provisions regarding the priority review user fee, including to make it payable upon notification of the Secretary of intent to use the voucher. Authorizes the Secretary, upon request of the manufacturer or sponsor of a new drug, to designate that a new drug is: (1) for a rare pediatric disease, and (2) an eligible treatment. Requires the Secretary to deem a rare pediatric disease product application to be incomplete if it does not contain a description of the sponsor's plan to market the product in the United States. Authorizes the Secretary to refuse to issue a priority review voucher upon the approval of a rare pediatric disease application if the Secretary finds that the sponsor lacks a good faith intention to market the product in the United States. Directs the Secretary to issue a guidance document setting forth the evidentiary support necessary to demonstrate such a good faith intention. Requires sponsors of applications under the priority review voucher program to report to the Secretary within five years after the approval of the application on the demand and distribution of the product within the United States.
United States · United States Congress · 22 September 2011
Reducing the Size of the Federal Government Through Attrition Act of 2011 - Requires the Office of Management and Budget (OMB) to take appropriate measures to ensure that: (1) the total number of federal employees, beginning in FY2015, does not exceed 90% of the total number of such employees as of September 30, 2011; (2) agencies do not appoint, until the end of FY 2014, more than one employee for every three employees retiring or otherwise separating from government service; and (3) there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Requires OMB to continuously monitor all agencies and make a determination whether the total number of federal employees exceeds the limitation imposed by this Act. Prohibits a federal agency from filling any vacancy unless OMB provides written notice to the President and Congress that the number of federal employees does not exceed the limitation established by this Act. Allows the President to waive the workforce limitations imposed by this Act if the President determines that the existence of a state of war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. Allows the President additional discretion to waive such workforce limitations if the President determines that the efficiency of a federal agency or the performance of its critical mission so requires.