United States · United States Congress · 29 November 2011
Expresses the sense of the House of Representatives that: (1) the Patient Protection and Affordable Care Act (PPACA) is unconstitutional in its entirety, and (2) the Anti-Injunction Act applies to neither the individual mandate nor to the penalty provision that enforces it and thus does not preclude the federal courts from finding PPACA unconstitutional in its entirety.
United States · United States Congress · 18 November 2011
Designates the facility of the United States Postal Service located at 133 Hare Road in Crosby, Texas, as the "Army First Sergeant David McNerney Post Office Building."
United States · United States Congress · 17 November 2011
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 17 November 2011
Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare electronic health record incentives to eligible professionals practicing in rural health clinics, and (2) extend Medicare quality reporting incentives to such clinics.
United States · United States Congress · 16 November 2011
Recreational Shooting Protection Act - Requires National Monument land to be open to access and use for recreational shooting, except as limited by the Director of the Bureau of Land Management (BLM) for one or more of the following: (1) reasons of national security, (2) reasons of public safety, and (3) to comply with an applicable federal statute. Instructs the Director, before a restriction or closure becomes effective, to: (1) publish a public notice of the closure or restriction in a newspaper in the area where it will be carried out, and (2) report to Congress on the location and extent of, and evidence justifying, such closure or restriction. Requires management of BLM National Monument land in a manner that supports, promotes, and enhances recreational shooting opportunities. Prohibits the issuance of closures or restrictions on such land that are substantially similar to those that were previously issued and not approved by federal law.
United States · United States Congress · 15 November 2011
Send Equipment for National Defense Act or SEND Act - Directs the Secretary of Defense, within one year after eligible equipment returns to the United States from Iraq, to transfer at least 10% of such equipment to federal and state agencies, with a preference to agencies that will use the equipment primarily for U.S. southern border security purposes. Defines as "eligible equipment" that equipment determined to be suitable for use in law enforcement activities, including surveillance unmanned aerial vehicles, night-vision goggles, and high mobility multi-purpose wheeled vehicles (humvees). Authorizes the Secretary to waive the transfer requirement in the case of equipment needed for immediate use, after certification to Congress.
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 · 10 November 2011
Jobs Through Growth Act - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax (AMT) for individual taxpayers after 2010, (2) allow an individual taxpayer to elect an alternative income tax system in lieu of existing rates, (3) allow an inflation adjustment to the cost of certain capital assets for purposes of determining gain or loss from the sale or exchange of such assets, (4) reduce the top income tax rate on corporations to 25%, (5) extend through 2012 the election allowed to a U.S. corporation to deduct dividends received from a controlled foreign corporation and reduce the amount of such deduction for corporations that fail to maintain specified employment levels for full-time U.S. employees, and (6) repeal the estate and generation-skipping transfer taxes and make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Requires the House Committee on Ways and Means to report legislation to broaden the tax base for the corporate income tax and to transition to a territorial tax system (taxation of domestic income but not income earned overseas). Prohibits a federal agency from taking any significant regulatory action (generally, an action having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy) until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of a significant regulatory action by a person adversely affected or aggrieved by such action. Exempts businesses with 200 or fewer employees from federal regulation. Revises provisions for congressional review of agency rulemaking to require congressional approval of major rules of the executive branch before they may take effect (currently, major rules take effect unless Congress passes and the President signs a joint resolution disapproving them). Provides that if a joint resolution of approval of a major rule is not enacted by the end of 70 session days or legislative days after the agency proposing the rule submits its report on such rule to Congress, the rule shall be deemed not to be approved and shall not take effect. Sets forth House and Senate procedures for joint resolutions approving major rules and disapproving non-major rules. Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). Defines "economic impact" with respect to a proposed or final rule to mean: (1) any direct economic effect of a rule on small entities, and (2) any indirect economic effect on such entities, including potential job creation or job loss. Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to obtain an injunction of a proposed rule that is noncompliant with RFA requirements. Requires each federal agency to establish a plan for the periodic review (every eight years) of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities. Terminates any rule if the issuing agency has failed to complete a required periodic review. Expands to all federal agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities. Extends RFA requirements to informal agency guidance documents. Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each federal agency to review on a periodic basis its policies or programs for imposing regulatory penalties on small entities. Allows a small business concern to elect to be exempt from any rule or regulation issued on or after January 1, 2008. Sets forth a deadline for action on certain permit applications under existing Outer Continental Shelf (OCS) leases. Amends the Gulf of Mexico Energy Security Act of 2006 to repeal the moratorium on oil and gas leasing in certain areas of the Gulf of Mexico. Instructs the Secretary of the Interior (Secretary) to offer for leasing areas made available as a result of such repeal. Instructs the Secretary to: (1) offer specified areas for oil and gas leasing pursuant to certain Lease Sale Schedules, (2) conduct OCS lease sales in specified Planning Areas, (3) share OCS receipts derived from all leases with states and local governments, (4) implement a leasing program for certain land within the Arctic Coastal Plain, and (5) issue rights-of-way and easements across the Coastal Plain for oil and gas transportation. Authorizes the Secretary of the Interior to designate certain Coastal Plain lands, including the Sadlerochit Spring area, as Special Areas requiring special management and regulatory protection. Revokes a specified Secretarial Order relating to protecting wilderness characteristics on lands managed by the Bureau of Land Management (BLM). Amends the Consolidated Appropriations Act, 2008 to repeal the prohibition on the use of funds for either a commercial oil shale leasing program or for oil shale lease sales. Directs the Secretary to offer leases for oil shale resources. Confers exclusive jurisdiction upon the U.S. District Court for the District of Columbia for covered energy projects under this Act. Establishes the Office of the Federal Oil and Gas Permit Coordinator. Instructs the Secretary to establish and maintain, in coordination with the Mayor of the North Slope Borough of Alaska, a separate Alaska Offshore Continental Shelf Coordination Office to coordinate the leasing program. Amends the Clean Air Act to redefine "air pollutant" to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride (greenhouse gases). Declares that nothing in specified statutes addressing pollution control shall be treated as authorizing or requiring the regulation of climate change or global warming. Amends the Energy Independence and Security Act of 2007 to repeal the prohibition against federal procurement of alternative or synthetic fuel. Requires the Administrator of the Environmental Protection Agency (EPA), upon request of the governor of a state or the governing body of an Indian tribe, to enter into a streamlined refinery permitting agreement. Sets forth deadlines for: (1) approval or disapproval of consolidated permits for construction of new or expansion of existing refineries, and (2) submission of existing refinery permit applications. Requires the EPA Administrator to conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel. Directs the Secretary to extend by one year the term of any lease that was: (1) not producing as of April 30, 2010; or (2) suspended from operations, permit processing, or consideration in accordance with the moratorium set forth in a May 30, 2010, Minerals Management Service Notice, or the Secretary's decision memorandum dated July 12, 2010. Directs the President, acting through the Secretary of Energy (DOE), to coordinate with specified federal agencies to ensure an expedited schedule for construction and operation of the Keystone XL pipeline. Expresses the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests; and (2) Canada has long been a strong trading partner, and increased access to its energy resources will create jobs in the United States.
United States · United States Congress · 4 November 2011
Saving Over Spending Act - Allows 50% of any unobligated balance of an appropriated amount available for salaries and expenses that would otherwise expire at the end of a fiscal year to remain available for expenditure for the subsequent fiscal year and allocates the other 50% for deficit reduction.
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
Amends the Motor Carrier Safety Improvement Act of 1999 to revise exemptions from federal maximum driving and on-duty time motor carrier regulations for drivers transporting agricultural commodities and farm supplies during planting and harvest periods. Extends the exemptions to drivers transporting agricultural farm supplies: (1) from a wholesale or retail distribution point of the farm supplies to a farm or other location where such supplies are intended to be used within a 100 air-mile radius from the distribution point, or (2) from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 100 air-mile radius from the wholesale distribution point.
United States · United States Congress · 14 October 2011
Small Company Job Growth and Regulatory Relief Act of 2011 - Amends the Sarbanes-Oxley Act of 2002 to revise the small issuer exemption from the requirement that each registered public accounting firm that prepares or issues the audit report for a securities issuer attest to, and report on, the issuer's management assessment of the effectiveness of its internal control structure and procedures for financial reporting. Specifies that this requirement shall not apply to an issuer that has a total public float for the relevant reporting period of less than $350 million. Prohibits this Act from being construed to relieve or exempt an issuer from the internal control reporting and assessment requirements of the Sarbanes-Oxley Act of 2002, or from its requirement that officers of the issuer certify certain annual and quarterly reports.
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 · 13 October 2011
Requires the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency (EPA), prior to the implementation of any waiver, partial waiver, or decision pursuant to current law and no later than 45 days after this Act's enactment, to enter into an agreement with the National Academies to provide a comprehensive assessment of research on the implications of the use of mid-level ethanol blends (defined as an ethanol-gasoline blend containing 15% or 20% ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine). Recommends that the assessment compare mid-level ethanol blends to gasoline blends containing 10% and 0% ethanol. Requires such assessment to: (1) evaluate the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) identify research and development necessary to permit existing motor fuels infrastructure to handle mid-level ethanol blends while preventing or mitigating against adverse impacts such as corrosion of materials used in pipes or storage tanks, ensuring fuel fungiblity, and protecting against misfueling by users at various points in the distribution and supply chain.
United States · United States Congress · 12 October 2011
Farmers Undertake Environmental Land Stewardship Act or the FUELS Act - Requires the Administrator of the Environmental Protection Agency (EPA), in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, to require certification of compliance with such rule by: (1) a professional engineer for a farm with an individual tank with a storage capacity greater than 10,000 gallons, an aggregate storage capacity of at least 42,000 gallons, or a history that includes a spill; or (2) the owner or operator of the farm (via self-certification) for a farm with an aggregate storage capacity greater than 10,000 gallons but less than 42,000 gallons and no history of spills. Exempts from all requirements of such rule any farm with an aggregate storage capacity of at least 10,000 gallons and no history of spills. Excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons from the aggregate storage capacity of a farm.
United States · United States Congress · 11 October 2011
Expresses the sense of the House of Representatives that there exists significant cause for concern and further investigation of counterterrorism threats from Iran's growing influence in the Western Hemisphere. Urges the the Administration to: (1) include the Western Hemisphere in the Administration's 2012 National Strategy for Counterterrorism's "Area of Focus" with specific attention to Iran's presence and activities in the Western Hemisphere; (2) utilize an existing counterterrorism task force to be led by the Department of Homeland Security (DHS) to examine such presence and activities, including within the United States; and (3) provide Congress with a comprehensive counterterrorism and counter-radicalization strategy to defend U.S. geostrategic interests and defeat Iranian interests in the Western Hemisphere.
United States · United States Congress · 6 October 2011
Heartbeat Informed Consent Act - Amends the Public Health Service Act to require abortion providers to perform an obstetric ultrasound on the pregnant woman, display the ultrasound images so that the she may view them, and provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. Requires the ultrasound to be performed before the woman gives informed consent for an abortion. Requires an abortion provider to make the embryonic or fetal heartbeat audible for the pregnant woman to hear prior to the woman giving informed consent to an abortion if the pregnancy is at least eight weeks after fertilization. Exempts an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. Requires a certification in such cases. Subjects an abortion provider who knowingly or recklessly fails to comply with this Act to civil penalties and notification of the appropriate state medical licensing authority. Gives standing to file a civil action for violations of this Act to the Attorney General or a woman upon whom an abortion has been performed in violation of this Act or the parent or legal guardian of such a woman if she is an unemancipated minor.
United States · United States Congress · 5 October 2011
San Antonio Missions National Historical Park Boundary Expansion Act - Directs the Secretary of the Interior to study lands within Bexar and Wilson Counties in Texas, to identify lands that would be suitable for inclusion in the San Antonio Missions National Historical Park. Instructs the Secretary, in such study, to include an estimate of the costs the federal government is expected to incur and to denote those lands that could be acquired by donation. Modifies the boundary of the Park to include approximately 151 acres of additional identified land. Bars the use of condemnation authority by the Secretary for the acquisition of lands and interests under this Act.
United States · United States Congress · 5 October 2011
Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial. Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties.
United States · United States Congress · 5 October 2011
Freeze and Investigate Affordable Care Act of 2011 - Declares that the provisions of the health reform law that are not in effect on the date of the enactment of this Act shall not take effect. Prohibits the federal government from promulgating or enforcing regulations under the provisions of the health reform law that are not in effect on the date of enactment of this Act, or otherwise prepare to implement such provisions. Establishes the Affordable Care Evaluation Commission to report to the President and Congress a projection of the impact that the implementation of the provisions of the health reform law that are not in effect on the enactment of this Act would have on: (1) the quality of health care delivered to individuals who are Medicare recipients on the date of the enactment of this Act, (2) health insurance coverage of individuals insured as of such date, (3) participation in state exchanges and the effect on the federal deficit, and (4) job creation and the size of the tax base. Requires the report also to: (1) evaluate findings, conclusions, and recommendations developed by all other relevant government agencies regarding the facts and circumstances surrounding such implementation, and (2) recommend corrective measures to mitigate any negative impact of such implementation.
United States · United States Congress · 5 October 2011
Repeals a provision of the Energy Independence and Security Act of 2007 which prohibits a federal agency from entering into a contract for procurement of an alternative or synthetic fuel unless the contract specifies that the lifecycle greenhouse gas emissions associated with such fuel are less than or equal to emissions from the equivalent conventional fuel produced from conventional petroleum sources.
United States · United States Congress · 4 October 2011
Repeals the termination date in the Jobs Growth Tax Relief Reconciliation Act of 2003 for provisions reducing individual tax rates on capital gains and dividend income.
United States · United States Congress · 26 September 2011
Accelerating the End of Breast Cancer Act of 2011 - Directs the President to establish the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to: (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress. Terminates the Commission on June 1, 2020.
United States · United States Congress · 23 September 2011
Retirement Income Protection Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that no person shall be considered a fiduciary to an employee benefit plan (special entity) by reason of that person's performing any service, act, or duty as a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant with respect to such entity. Amends the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 to redefine "special entity" to exclude from its meaning as well as from certain business conduct standards: (1) employee benefit plans, and (2) any collective investment vehicle in which one or more special entities invest. Declares that no swap dealer shall be treated as an advisor to a Special Entity (and thus subject to specified duties and restrictions related to fraudulent, deceptive, or manipulative behavior) if: (1) the Special Entity represents in writing that it will not rely on recommendations of the swap dealer, but will rely on advice from an independent representative; and (2) the swap dealer discloses to the Special Entity that it is not undertaking to act in the Special Entity 's best interests. Declares further that no swap dealer shall be considered to act as an advisor to a Special Entity solely by reason of providing information to an independent representative of a Special Entity. Prescribes criteria for considering a representative of a Special Entity to be independent of a swap dealer.
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
Amends the Anti-Smuggling Act of 1935 to subject to seizure and forfeiture any vehicles, other conveyances, or instruments of international traffic employed to defraud U.S. revenue or to smuggle merchandise into the United States.
United States · United States Congress · 21 September 2011
Raoul Wallenberg Centennial Celebration Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.
United States · United States Congress · 21 September 2011
Superfund Common Sense Act - Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean: (1) digestive emissions, feces, urine, urea and other excrement from livestock; (2) any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock; (3) any process water associated with such items; and (4) any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items. Amends the Superfund Amendments and Reauthorization Act of 1986 to exempt from notification requirements releases associated with manure.
United States · United States Congress · 20 September 2011
Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices. Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations. Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules that affect the substantive rights of a person, employer, employee, or labor organization. Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them. Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved party to bring a civil action for relief (including injunctions) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice.
United States · United States Congress · 15 September 2011
Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses.
United States · United States Congress · 15 September 2011
Patients First Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), provided that such techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act. Requires the Secretary to issue guidelines implementing this Act to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients. Requires the Secretary to report on peer reviewed stem cell research proposals that were not funded.
United States · United States Congress · 15 September 2011
Capital Gains Inflation Relief Act of 2011 - Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets (including C corporation common stock and tangible property used in a trade or business) held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets. Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons.
United States · United States Congress · 14 September 2011
National Labor Relations Reorganization Act of 2011 - Amends the National Labor Relations Act to abolish the National Labor Relations Board (NLRB). Transfers all functions of the NLRB for overseeing elections of collective bargaining representatives to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards. Establishes within the Department of Justice (DOJ) a Bureau of Labor Relations Enforcement, to which are transferred all functions of the NLRB for the prevention of unfair labor practices.
United States · United States Congress · 14 September 2011
Family Educational Records Privacy Extension Act - Amends the General Education Provisions Act to require parental consent before educational agencies or institutions release the educational records of home-schooled students.
United States · United States Congress · 12 September 2011
Regulation Moratorium and Jobs Preservation Act of 2011 - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Defines as "significant" any regulatory action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act.
United States · United States Congress · 8 September 2011
Abstinence Education Reallocation Act of 2011 - Authorizes the Administrator of the Health Resources and Services Administration (HRSA) to award grants for qualified sexual risk avoidance education to youth and their parents. Requires such education to meet certain criteria, including: (1) being age-appropriate, medically accurate, and evidence-based; (2) having as its sole purpose the teaching of the skills and benefits of sexual abstinence as the optimal sexual health behavior for youth; and (3) teaching the benefits of refraining from nonmarital sexual activity, the advantage of reserving sexual activity for marriage, and the foundational components of a healthy relationship. Gives priority to programs that serve youth ages 12 to 19 and that will promote the protective benefits of parent-child communication regarding healthy sexual decisionmaking.
United States · United States Congress · 8 September 2011
Supports Israel's right to annex Judea and Samaria in the event that the Palestinian Authority (PA) continues to press for unilateral recognition of Palestinian statehood at the United Nations (U.N.).
United States · United States Congress · 7 September 2011
Employer Free Choice Act - Repeals the final rule on "Notification of Employee Rights under the National Labor Relations Act" published by the National Labor Relation Board (NLRB) in the Federal Register on August 30, 2011. Prohibits the NLRB from promulgating or enforcing any rule that requires employers to post notices informing employees of their rights to bargain collectively under the National Labor Relations Act (NLRA) on or after enactment of this Act. Declares that nothing in this Act shall be construed to prohibit an employer from voluntarily posting such notices.
United States · United States Congress · 2 September 2011
Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials, in cooperation with the respective state and fish and wildlife agency, to exercise their authority under existing law, including regarding land use planning, to facilitate the use of, and access to, federal public lands and waters for fishing, sport hunting, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, be open to recreational fishing, hunting, and shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such lands for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows federal agencies to: (1) lease their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Requires annual reports on closures of federal public lands to recreational fishing, sport hunting, or shooting. Sets forth requirements for specified closures or significant restrictions involving 640 or more contiguous acres of federal public lands or waters to fishing or hunting or related activities. Instructs federal agencies to consult with respective advisory councils as specified in Executive Orders 12962 and 13443 in fulfilling the duties described in this Act.
United States · United States Congress · 2 September 2011
Employee Workplace Freedom Act - Repeals the National Labor Relation Board's (NLRB) final rule published in the Federal Register on August 30, 2011, requiring employers (including labor organizations in their capacity as employers) to post notices informing employees of their rights to collectively bargain under the National Labor Relations Act (NLRA). Prohibits the NLRB from promulgating or enforcing any rule that requires employers to post such notices on or after enactment of this Act.
United States · United States Congress · 30 August 2011
United Nations Transparency, Accountability, and Reform Act of 2011 - Directs the President to use U.S. influence at the United Nations (U.N.) on a wide variety of issues, including to shift the funding mechanism for the regular budget of the U.N. from an assessed to a voluntary basis. Withholds up to 50% of nonvoluntary U.S. contributions to the regular budget of the U.N. unless the Secretary of State certifies to Congress that 80% of the total regular budget of the U.N. is apportioned on a voluntary basis. Requires the annual congressional budget justification to include a detailed itemized request in support of the U.S. contribution of the regular budget of the U.N. Sets forth requirements for the Comptroller General with respect to audits and investigations of U.S. contributions to the U.N. and such contributions' use by U.N. entities. Prohibits the obligation or expenditure of a U.S. contribution to any U.N. entity unless the entity has provided the Comptroller General with a transparency certification and is in compliance with such certification. Prohibits making funds available: (1) to international organizations for any purpose other than an assessed U.S. contribution to a U.N. entity or other international organization; (2) to international organizations and programs for any purpose other than a voluntary U.S. contribution to a U.N. entity or other international organization; and (3) for international peacekeeping activities for any purpose other than a U.S. contribution to U.N. peacekeeping activities, to the International Criminal Tribunal for the former Yugoslavia (ICTY), or to the International Criminal Tribunal for Rwanda (ICTR). Directs the Secretary to withhold from the regular budget of the U.N. an amount equal to the amount of U.S. overpayments to the U.N. States that is U.S. policy to oppose any proposals on expansion of the Security Council that would: (1) diminish U.S. influence on the Security Council, or (2) include veto rights for new Security Council members. Directs the Secretary to withhold U.S. contributions from any U.N. entity that recognizes a Palestinian state or upgrades the status of the Palestinian observer mission at the U.N., the Palestine Liberation Organization (PLO), the Palestinian Authority (PA), or any other Palestinian administrative organization or governing entity prior to the achievement of a final peace agreement with Israel. Provides that until the Secretary makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Directs the Secretary to withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for: (1) the U.N. Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967; and (2) any other U.N. Special Procedures used to display bias against the United States or Israel or to provide support for any member state which is subject to Security Council sanctions, under a Security Council-mandated human rights investigation, has repeatedly supported acts of international terrorism, or is a country of particular concern for religious freedom. States that it is U.S. policy to oppose any legitimization of the Goldstone Report and to lead a diplomatic campaign supporting its revocation. Prohibits funds from being used for U.S. participation in the Durban III meeting or any part of the Durban process. Withholds U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary makes specified certifications to Congress. Prohibits any U.S. contribution to the International Atomic Energy Agency (IAEA) from being used to support Technical Cooperation program assistance to any country, including North Korea, that: (1) has repeatedly supported acts of international terrorism; or (2) is in breach of, or under investigation for breach of, obligations regarding its safeguards agreement with the IAEA, the Nuclear Non-Proliferation Treaty, or any relevant Security Council resolution. Directs the Secretary to withhold from the U.S. voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in 2007-2008 on Technical Cooperation program assistance to such countries. Sets forth U.S. policy regarding reform of U.N. peacekeeping operations. Directs the President to use U.S. influence at the U.N. to oppose the creation of new, or expansion of existing, U.N. peacekeeping operations until the Secretary certifies to Congress that specified peacekeeping reforms have been adopted by the U.N. Department of Peacekeeping Operations or the General Assembly.
United States · United States Congress · 5 August 2011
Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires a neutral, private organization, chosen by agreement between an employer and a labor organization that is the exclusive representative of employees in an appropriate bargaining unit, to conduct a secret ballot election by the employees, every three years after the labor organization's initial certification, to determine whether a majority desire to continue to be represented by that labor organization. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
United States · United States Congress · 29 July 2011
Medicare Firewall Act of 2011 - Amends the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, to defund as of the end of FY2011: (1) the convening of multi-stakeholder groups for input into the selection of health care quality measures, (2) the Independence at Home Demonstration Program, (3) the Community-Based Care Transitions Program, (4) the demonstration project on separate payments under title XVIII (Medicare) of the Social Security Act for complex diagnostic laboratory tests, (5) outreach and assistance for specified state and local low-income programs, (6) the Independent Medicare Advisory Board, (7) evaluation of community-based prevention and wellness programs, and (8) the pilot program for care of certain individuals residing in emergency declaration areas. Restores to the Medicare Trust Funds unobligated amounts that were originally transferred from them for such programs and activities. Directs the Secretary of Health and Human Services (HHS) to report to Congress on demonstration, pilot, or similar projects undertaken with funding from any of the Medicare Trust Funds, especially those for which the initial period of the project has: (1) not demonstrated that the project has met its objectives, or (2) resulted in net expenditures from the Medicare Trust Funds. Requires the Secretary to include with this report a plan for termination or modification of each such project.
United States · United States Congress · 27 July 2011
Brian A. Terry Memorial Act - Designates the United States Border Patrol station located at 2136 South Naco Highway in Bisbee, Arizona, as the "Brian A. Terry Border Patrol Station."
United States · United States Congress · 26 July 2011
Designates the facility of the United States Postal Service located at 122 North Holderrieth Boulevard in Tomball, Texas, as the "Tomball Veterans Post Office."
United States · United States Congress · 15 July 2011
Free File Program Act of 2011 - Authorizes and directs the Secretary of the Treasury to continue to implement and operate the Internal Revenue Service (IRS) Free File program (free online individual income tax preparation and electronic filing services provided by the private sector technology industry to lower income taxpayers).
United States · United States Congress · 15 July 2011
Prohibits the Secretary of the Treasury from requiring a payor of interest to file an information return on interest that is not effectively connected with a trade or business within the United States and that is paid to a nonresident alien on a deposit maintained at an office within the United States.
![Official portrait of Rep. Canseco, Francisco "Quico" [R-TX-23]](https://www.congress.gov/img/member/c001082_200.jpg)