United States · United States Congress · 15 February 2012
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Jack Nicklaus in recognition of his service to the nation in promoting excellence and good sportsmanship. Directs the Secretary of the Treasury to strike such gold medal and to strike and sell duplicate bronze medals at a price sufficient to cover the costs of the gold and bronze medals.
United States · United States Congress · 8 February 2012
Honoring Our Nation's Outstanding Rifle Squads Act or HONOR Act - Authorizes the Secretary of the Army, if determined appropriate to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, to: (1) loan or donate excess small arms; (2) authorize the organization to retain small arms other than M-1 rifles; or (3) if excess small arms stock is insufficient to meet organizational requirements, prescribe policies and procedures to establish a rotational loan program based on the organization's needs.
United States · United States Congress · 31 January 2012
Honest Budget Act of 2012 - Amends procedures in the Congressional Budget Act of 1974 that make it out of order in the Senate to consider appropriations legislation until the Senate agrees to a concurrent resolution on the budget. Permits waivers or suspension of such requirements, or successful appeals from a ruling of the Chair, by an affirmative vote of three-fifths (60) of the Senate. Makes it out of order in either chamber to consider certain bills, joint resolutions, or conference reports that designate as: (1) an emergency requirement any provision that creates discretionary or direct spending or decreases revenues, or (2) being for disaster relief. Requires an affirmative vote of three-fifths of the Members to successfully appeal a ruling of the Chair on a point of order against such a measure. Establishes a procedure for emergency designations by amendment. Makes it out of order in the House of Representatives to consider a rule or order that waives the application of such prohibitions against consideration of such measures or amendments. Amends the Federal Credit Reform Act of 1990 (FCRA) to revise the budgetary treatment of federal direct loans and loan guarantees to account for them on a fair value basis (currently, a FCRA accrual basis). Expands such new budgetary treatment to financial investments beginning in FY2015. Defines "financial investment" as a federal government investment in any securities (debt or equity) or futures, swaps, or other derivatives, issued by a non-federal entity, regardless of whether the issuances are federally guaranteed, or issued by a federal entity if the issuance consists of marketable securities. Requires the President's budget: (1) from FY1992 on to reflect the Treasury discounting component of direct loan and loan guarantee programs; and (2) from FY2015 on to reflect the costs of direct loan, loan guarantee, and financial investment programs. Defines "Treasury discounting component" as the estimated long-term cost to the federal government of a direct loan, loan guarantee, or financial investment calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. Revises other requirements for the President's budget including conditions for new direct loan obligations incurred and loan guarantee commitments made for FY1992 and thereafter, and new financial investment commitments for FY2015 and thereafter. Requires new budget authority for such loans or loan guarantee or financial investment commitments to be provided in advance in an appropriations Act. Exempts a direct loan or loan guarantee program that constitutes an entitlement (such as the guaranteed student loan program or the veteran's home loan guaranty program) as well as all existing credit programs of the Commodity Credit Corporation (CCC) from: (1) the above requirement; and (2) the prohibition against modification of an outstanding direct loan, loan guarantee, or financial investment in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act. Revises requirements for Treasury transactions with financing accounts (nonbudget accounts associated with each program account which holds balances, receives the cost payment from the program account, and also includes all other cash flows to and from the federal government resulting from such obligations or commitments made on or after October 1, 1991). Limits the availability of amounts in liquidating accounts to specified payments resulting from direct loan obligations or loan guarantee commitments made before October 1, 1991. Prescribes requirements for consideration of legislation in both chambers after agreement on a budget resolution (in effect, extending a point of order against certain changes in mandatory programs to all such programs in appropriations bills). Prohibits the congressional budget committees from counting rescissions of budget authority that do not result in outlay savings over the period covered by a budget resolution when determining the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year. Suspends within-grade step increases in the compensation of certain federal employees from the date of enactment of this Act until December 31, 2012. Makes it out of order in both chambers to consider any legislation that would provide an advance appropriation, except for specified programs or activities, including the Employment and Training Administration, education for the disadvantaged, Head Start, rental assistance, the Corporation for Public Broadcasting, and veterans' medical services. Allows: (1) waiver of this rule in either chamber by an affirmative vote of three-fifths of the Members; and (2) successful appeals in the Senate from the ruling of the Chair, only by an affirmative vote of three-fifths (60). Makes it out of order in the House, notwithstanding the allowance of such a waiver by the vote of a super-majority, to consider a rule or order that waives the application of such prohibition. Prohibits shifts in outlays or revenues from one year to another by a date change to act as an offset for other provisions that increase the deficit for a time period. Makes it out of order in the House to consider a rule or order that waives the application of such prohibition. Prescribes a budget scoring rule for transfers from the Treasury General Fund to the Highway Trust Fund that increase the level of indebtedness subject to the current applicable statutory public debt limit. Makes it out of order in the House to consider a rule or order that waives the application of such requirement.
United States · United States Congress · 25 January 2012
Extends gratitude to the more than 1.5 million members of the U.S. Armed Forces, from both the regular and reserve components of the Army, Navy, Air Force, Marine Corps, Coast Guard, and Merchant Marine, who served in Operations Iraqi Freedom and New Dawn. Recognizes their success in operations against a dangerous and determined enemy. Recognizes the tremendous personal sacrifice of those who served in such Operations, many of whom were committed to multiple deployments, and the contributions of military families on the home front. Pays tribute to the 4,486 members who lost their lives in such Operations, and commits to honoring their memory for their courage and sacrifice.
United States · United States Congress · 23 January 2012
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions or any claim or diagnosis that the woman will engage in conduct intended to result in her death. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods. Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports.
United States · United States Congress · 18 January 2012
Countering Iran in the Western Hemisphere Act of 2012 - States that it shall be U.S. policy to use all elements of national power to counter Iran's growing presence and hostile activity in the Western Hemisphere. Directs the Secretary of State to submit to Congress a strategy to address Iran's growing presence and activity in the Western Hemisphere.
United States · United States Congress · 10 January 2012
Disapproves of the President's appointment of four federal officers or employees during a period when no congressional recess of more than three days was authorized by concurrent resolution. Expresses the sense of the House of Representatives that those appointments were made in violation of the U.S. Constitution.
United States · United States Congress · 16 December 2011
Equitable Treatment for the Living Victims of Lockerbie Act - Directs the Foreign Claims Settlement Commission to: (1) determine the validity and amount of plaintiff claims for loss of wages and other property in the case Bruce D. Abbott et al. v. Socialist People's Libyan Arab Jamahiriya , (2) publish notice in the Federal Register of the time within which such claims may be filed, and (3) consider such claims as soon as practicable after filing. Requires such claims to be paid from the appropriate Treasury fund before any corporate claims are paid from such fund.
United States · United States Congress · 15 December 2011
Senior Medicare Fairness Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act for plan year 2013 and subsequent plan years with respect to payments to Medicare + Choice organizations for original fee-for-service benefits under a specialized Medicare Advantage plan for special needs individuals that: (1) offers integrated Medicare and Medicaid services under contract with the state agency under title XIX (Medicaid) of the Social Security Act; and (2) is offered by a Medicare Advantage organization that as of January 1, 2010, had a contract with such state Medicaid agency that participated in the "Demonstrations Serving Those Dually-Eligible for Medicare and Medicaid." Directs the Secretary of Health and Human Services (HHS) to apply the frailty adjustment under payment rules for programs of all-inclusive care for the elderly (PACE) rather than those which would otherwise apply for plan enrollees.
United States · United States Congress · 14 December 2011
Counterfeit Drug Penalty Enhancement Act of 2011 - Amends the federal criminal code to establish criminal penalties of a fine, imprisonment for not more than 20 years, or both, for trafficking in counterfeit drugs. States that nothing in this Act shall be construed to apply to a drug solely because the drug is manufactured in or imported from a foreign country.
United States · United States Congress · 7 December 2011
Pro-Growth Budgeting Act of 2011 - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the costs of such legislation for: (1) the period for which the cost estimate is prepared, and (2) the 10-fiscal year period beginning with the first fiscal year after the last fiscal year for which such estimate was prepared and each of the 2 next 10-fiscal year periods. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP.
United States · United States Congress · 7 December 2011
Good Samaritan Health Professionals Act of 2011 - Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug.
United States · United States Congress · 7 December 2011
Recognizes the importance of Christmas symbols and traditions. Disapproves of attempts to ban references to Christmas. Supports the use of these symbols and traditions by those who celebrate Christmas.
United States · United States Congress · 1 December 2011
Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011 - Imposes criminal penalties on anyone who knowingly or knowingly attempts to: (1) perform an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent; (2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion; (3) solicit or accept funds for the performance of such an abortion; or (4) transport a woman into the United States or across a state line for the purpose of obtaining such an abortion. Authorizes civil actions, for verifiable money damages for injuries and punitive damages, by: (1) fathers, or maternal grandparents if the mother is an unemancipated minor, of unborn children who are the subject of an abortion performed or attempted through any of the above violations; and (2) women upon whom an abortion has been performed or attempted with a knowing or attempted use of force or threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion. Authorizes, to prevent an abortion provider from performing or attempting further abortions in violation of this Act, injunctive relief to be obtained by the women upon whom such an abortion is performed or attempted, spouses or parents of a woman upon whom such an abortion is performed, or the Attorney General (DOJ). Deems a violation of this Act to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.) Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report. Prohibits a woman having such an abortion from being prosecuted or held civilly liable. Excludes from the definition of "abortion" actions taken to terminate a pregnancy if the intent is to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.
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 · 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 · 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
Expresses the sense of Congress that the Secretary of the Navy should provide an appropriate site at the former Navy Dive School at the Washington Navy Yard (District of Columbia) for a memorial to honor members of the Armed Forces who have served as divers and whose service in defense of the United States has been carried out beneath the waters of the world.
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
Government Results Transparency Act - Requires the head of each federal agency to submit to the Recovery Accountability and Transparency Board (RATB) all information concerning the agency's programs, priority goals, and results for publication online by RATB in its original format. Requires RATB to: (1) publish for each fiscal year the amount spent for each program identified by an agency and performance information for such program; (2) designate, by rule, common data elements (i.e., codes, identifiers, and fields) for information required to be reported by agencies; and (3) designate data reporting standards to govern agency reporting requirements.
United States · United States Congress · 14 October 2011
Designates the facility of the United States Postal Service located at 170 Evergreen Square SW in Pine City, Minnesota, as the "Master Sergeant Daniel L. Fedder Post Office."
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 · 14 October 2011
Expresses the sense of the House of Representatives that further reductions to core national security funding, such as those triggered by the sequestration alternative of the Budget Control Act of 2011, may cause irreparable harm to U.S. interests and that decisions on U.S. national security policy and spending levels should be based on: (1) the National Security Strategy, a sequential determination of the threats to the United States, and an analysis of the capabilities needed to deter or defeat threats; and (2) the principles that a strong economy and a strong national security are inextricably linked and that national security is the most important obligation of the federal government and should take precedence over other priorities.
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 · 12 October 2011
Supports the goals and ideals of National Adoption Day and National Adoption Month. Recognizes that every child in foster care deserves a permanent and loving family.
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 · 3 October 2011
Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.
United States · United States Congress · 23 September 2011
Enforcing Orders and Reducing Customs Evasion Act of 2011 - Amends the Tariff Act of 1930 to require the Commissioner responsible for U.S. Customs and Border Protection (CBP) to initiate, upon petition or a referral from another federal agency, an investigation into claims of evasion of antidumping or countervailing duties (including any cash deposits or other security) with respect to covered merchandise entered into the United States. Requires the Commissioner, in the case of an affirmative preliminary determination, to: (1) suspend liquidation of each unliquidated entry of the covered merchandise and extend the liquidation of covered merchandise entered before such determination, (2) review and reassess the amount of bond or other security required to be posted for each entry of covered merchandise, (3) require the posting of a cash deposit for each entry, and (4) take other appropriate measures to ensure the collection of any duties that may be owed on covered merchandise. Requires the Commissioner, in the case of an affirmative final determination, to: (1) suspend or continue to suspend liquidation of each entry of covered merchandise and extend the liquidation of covered merchandise entered before such determination, (2) notify the administering authority (Secretary of Commerce or other responsible U.S. officer) of the determination and request identification of the applicable antidumping or countervailing duties or cash deposit rate for such entries, (3) require the posting of cash deposits and assess duties, (4) review and reassess the amount of bond or other security required to be posted for covered merchandise entered on or after the date of such determination, and (5) take appropriate additional enforcement measures. Requires the administering authority to apply the highest applicable cash deposit or antidumping or countervailing duty in cases where the producer or exporter of covered merchandise is unknown. Applies the amendments made by this Act to goods from Canada and Mexico. Requires the Commissioner, to the maximum extent practicable, to ensure that CBP employs and assigns sufficient personnel to prevent the entry of covered merchandise in a manner that evades antidumping and countervailing duty orders or findings. Requires the Secretary of Homeland Security (DHS), the Commissioner, and the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) to assess and properly allocate the resources of CBP and ICE to improve efforts to investigate and combat evasion. Directs the Comptroller General to report on: (1) efforts to prevent the entry of covered merchandise into the U.S. customs territory through evasion, and (2) the estimated amount of duties that could not be collected on covered merchandise that entered U.S. customs territory through evasion during FY2009-FY2010 because the Commissioner did not have the authority to reliquidate the entries of such merchandise.
United States · United States Congress · 22 September 2011
Transportation Security Administration Authorization Act of 2011 - Authorizes appropriations to the Secretary of Homeland Security (DHS) for the Transportation Security Administration (TSA) for FY2012-FY2013. Directs the Assistant Secretary of Homeland Security (TSA) to carry out a risk-based program at airport checkpoints that expedites screening for trusted passengers, including members of the Armed Forces and their families. Requires the Assistant Secretary to carry out a program to ensure appropriate treatment in the screening of individuals with metal implants, prosthetics, and physical disabilities traveling by airplane. Prohibits pat-down screening of an air passenger child, unless a screening anomaly cannot be reasonably resolved by checkpoint technology. Directs the Assistant Secretary to establish requirements for screening technologies for all carry-on baggage and cargo destined for commercial aircraft. Requires the Assistant Secretary to ensure that by the end of 2013 at least 100 explosives detection canine teams are used to screen passengers at large U.S. airports. Directs the Assistant Secretary, working in cooperation with the Commissioner of Customs and Border Protection (CBP), to develop a pilot program at a large airport to test the feasibility of streamlining aviation security screening of baggage and passengers arriving in the United States who continue on domestic flights to a final destination. Prescribes requirements for: (1) standardization of operating procedures at airport checkpoints for passengers and carry-on baggage, (2) installation of automated targeting recognition software on all advanced imaging technology machines deployed in commercial airports for passenger screening, and (3) the disabling of image retention on all advanced imaging technology used to screen passengers. Directs the Assistant Secretary to ensure that advance notice of a covert test of a transportation security system is not provided to any individual (including any security screener) before completion of the test. Requires the Assistant Secretary to establish recurring training of transportation security officers on updated screening procedures and technologies. Establishes in the TSA an Office of the Ombudsman. Authorizes the Secretary to establish a voluntary air cargo advanced screening pilot program (ACAS Program) for targeting high-risk cargo entering the United States. Directs the Assistant Secretary to: (1) develop a process to certify third-party explosive detection canines for the screening of air cargo; and (2) encourage airports to develop clear reporting procedures for sharing information among federal, state, and local law enforcement personnel and airport Federal Security Directors. Requires the Assistant Secretary to conduct an efficiency review of TSA to identify spending reductions and savings through the streamlining and restructuring of its divisions. Directs the Secretary, acting through the Assistant Secretary, to develop a strategic plan to reduce the TSA workforce by 5% by the end of FY2013. Directs the Assistant Secretary to establish in the TSA the Aviation Security Advisory Committee, including air cargo security and general aviation security working groups. Requires the Assistant Secretary to submit to Congress detailed acquisition and deployment plans for checkpoint security technology, explosive detection systems, and air cargo security technology for large commercial airports. Prescribes requirements for criminal investigative training for newly hired federal air marshals. Requires the Assistant Secretary to develop a strategic risk-based plan to improve airport transportation security that includes best practices to make airport perimeter access controls more secure. Requires the Assistant Secretary to study electromagnetic emission and radiation exposure from passenger and baggage screening equipment at commercial service airports. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the Assistant Secretary to establish a process for resolving reimbursement claims for airports that have incurred eligible costs for development of partial or completed in-line baggage systems. Directs the Assistant Secretary to: (1) review the process for amending airport security plans, (2) develop security procedures to enable aircraft operators subject to TSA security programs to obtain access to temporarily restricted airspace, and (3) assess periodically the risk of domestic and international flights to determine the optimal assignment of air marshals to highest risk flights. Authorizes the Assistant Secretary to donate, loan, or lease obsolete airport equipment, as well as provide training and other assistance, to foreign airports to mitigate assessed security vulnerabilities. Includes as an allowable airport improvement (AIP) cost projects to reconfigure or construct new terminal baggage areas as needed to install explosive detection systems. Requires the Secretary to establish a task force on crimes that disqualify individuals from transportation-related employment. Amends the Homeland Security Act of 2002 to direct the Secretary to issue final regulations prohibiting commercial motor vehicle operators and shippers from transporting a security-sensitive material without holding a valid transportation security card. Directs the Secretary to prohibit Mexican or Canadian licensed commercial motor vehicle operators from transporting a security-sensitive material in the United States without being subjected to, and not disqualified as a result of, a security threat assessment by a federal agency. Requires the Assistant Secretary to: (1) develop qualitative performance measures and objectives for assessing the effectiveness of Visible Intermodal Prevention and Response (VIPR) teams in providing transportation security, and (2) implement an interoperability of communications plan for VIPR team operations. Revises public transportation security grant requirements. Makes law enforcement agencies eligible for such grants. Directs the Assistant Secretary to conduct a freight rail security demonstration project. Requires the Assistant Secretary to increase the number of explosives detection canine teams certified by the TSA for passenger rail and public transportation security activities. Directs the Comptroller General to study the roles of DHS and the Department of Transportation (DOT) with respect to pipeline safety. Repeals the prohibition against installation or utilization of motor carrier security-sensitive material tracking technology without additional congressional authority. Directs the Assistant Secretary to establish in the TSA the Surface Transportation Advisory Committee, including passenger carrier security and freight rail security working groups. Directs the Secretary, acting through the Assistant Secretary, to develop a plan that includes best practices to improve intelligence information sharing with state and local transportation entities.
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 · 15 September 2011
Directs the Secretary of Agriculture to release, without consideration, specified conditions (including the reversionary interest retained by the United States) on the use of certain land conveyed to the state of Minnesota for the establishment of an airport in Cook County, Minnesota.
United States · United States Congress · 15 September 2011
Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.
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 · 12 September 2011
Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.) Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization. Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States. Subjects an individual who knowingly uses the social security number or other identification of another person to fine and/or imprisonment. Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. (Exempts from verification requirements seasonal agricultural workers who return to work for a previous employer.) Requires reverification of the following workers who have not been verified under E-verify: (1) federal, state, or local government employees; (2) certain employees who require a federal security clearance; and (3) certain employees assigned to work in the United States under a federal or state contract. Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed). Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies. Requires EEVS to provide employers with: (1) temporary verification or nonverification within 3 working days of an inquiry; and (2) in the case of nonverification, a final verification or nonverification within 10 working days. Sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors. Provides for the establishment of programs to: (1) block the use of misused social security numbers, and (2) suspend or limit the use of social security numbers of victims of identity fraud.
United States · United States Congress · 7 September 2011
Fallen Heroes of 9/11 Act - Authorizes the President to award a Fallen Heroes of 9/11 Congressional Medal to: (1) the Flight 93 National Memorial in Pennsylvania, (2) the National September 11 Memorial and Museum in New York, and (3) the Pentagon Memorial. Instructs the Secretary of the Treasury to strike three designs of such gold medal to honor, respectively: (1) those who lost their lives in the the attack at the World Trade Center, (2) the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania, and (3) those who lost their lives at the Pentagon. Authorizes the Secretary to strike and sell bronze duplicates of such medals and to distribute any funds from such sales exceeding costs equally between the three memorial sites.
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
Commercial Vessel Discharges Reform Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow a person owning, operating, or chartering by demise a commercial vessel to discharge ballast water into navigable waters only if the discharge: (1) meets the ballast water performance standard, qualifies as a safety exemption, meets the requirements of an alternative method of compliance and the vessel operates exclusively within a geographically limited area or operates pursuant to a geographic restriction, or is made into a facility that meets applicable standards; and (2) is in accordance with an approved ballast water management plan. Exempts specified vessels. Requires owners or operators to: (1) conduct ballast water treatment before discharging ballast water using a ballast water treatment technology certified for the vessel; and (2) ensure that any ballast water discharge meets the numerical ballast water performance standard set forth in the International Convention for the Control and Management of Ships' Ballast Water and Sediments or a revised standard. Authorizes an owner or operator to discharge ballast water without regard to a ballast water performance standard if: (1) the discharge is done solely to ensure the safety of life at sea; (2) the discharge is accidental and the result of damage to the commercial vessel or its equipment, all reasonable precautions to prevent or minimize the discharge have been taken, and the owner or operator did not willfully or recklessly cause such damage; or (3) the discharge is solely for the purpose of avoiding or minimizing the discharge of pollution that would otherwise violate federal or state law. Requires the Administrator of the Environmental Protection Agency (EPA) to complete by January 1, 2016, and every 10 years thereafter a review to determine whether revising the ballast water performance standard would result in a reduction in the risk of the introduction and establishment of aquatic nuisance species. Prohibits the Administrator or a state from requiring any new permit or permit condition under the National Pollutant Discharge Elimination System (NPDES) for any discharge of ballast water from a commercial vessel into navigable waters. Requires the Administrator, within three years, to evaluate discharges incidental to the normal operation of a commercial vessel. Revises provisions concerning the expiration of the Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels issued under NPDES. Prohibits the regulation of a discharge incidental to the normal operation of a commercial vessel or a discharge of ballast water from a commercial vessel in any manner other than specified in this Act. Repeals provisions of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 directing the Secretary of the department in which the Coast Guard is operating to issue voluntary guidelines to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through the exchange of ballast water of vessels prior to entering those waters.
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 · 1 August 2011
Medicare Cost Contract Extension Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend through December 31, 2015, the indefinite extendability or renewability of Medicare reasonable cost reimbursement contracts.
United States · United States Congress · 28 July 2011
Condemns the terrorist attacks in Oslo and Utoya, Norway, on July 22, 2011, and expresses condolences to the families and friends of those individuals who were killed or injured in the attacks. Reaffirms the joint mission of the United States and Norway to seek peace and reconciliation around the world.
United States · United States Congress · 20 July 2011
European Union Emissions Trading Scheme Prohibition Act of 2011 - Directs the Secretary of Transportation (DOT) to prohibit an operator of a U.S. civil aircraft from participating in any emissions trading scheme unilaterally established by the European Union. Directs the Secretary, the Administrator of the Federal Aviation Administration (FAA), and other appropriate U.S. government officials to use their authority to conduct international negotiations and take other actions necessary to ensure that operators of U.S. civil aircraft are held harmless from any such scheme.
United States · United States Congress · 18 July 2011
Reaffirms the U.S. arms embargo on China. Calls upon the President, consistent with the Taiwan Relations Act, to clarify his policy towards Taiwan and to reaffirm support for U.S. allies in the region. Expresses concern over China's repression of political dissidents and religious and ethnic minorities. Reasserts that it should be U.S. policy to oppose any diminution of the European Union (EU) arms embargo against China.
United States · United States Congress · 15 July 2011
Authorizes a Wall of Remembrance as part of the previously authorized Korean War Veterans Memorial to include, in regards to the Korean War: (1) a list by name of members of the U.S. Armed Forces who were killed such action; (2) the number of members who were wounded, missing, or prisoners; and (3) the number of members of the Korean Augmentation to the U.S. Army, the Republic of Korea Armed Forces, and the other nations of the United Nations (U.N.) Command who were killed, wounded, missing, or prisoners. Allows certain private contributions for the memorial to fund such wall.
United States · United States Congress · 15 July 2011
Reaffirms U.S. support for the peaceful resolution of maritime territorial disputes in the South China Sea, the East China Sea, and the Yellow Sea. Condemns the use of naval force by China in the South China and East China Seas and by China's North Korean ally in the Yellow Sea. Welcomes the diplomatic efforts of Association of Southeast Asian Nations (ASEAN), Taiwan, Japan, and the Republic of Korea to resolve these outstanding disputes. Supports U.S. Armed Forces operations in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea.
United States · United States Congress · 14 July 2011
Silviculture Regulatory Consistency Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from requiring a permit under national pollutant discharge elimination system permitting requirements for a discharge resulting from the conduct of any silvicultural activity, such as nursery operations, site preparation, reforestation, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road use, construction, and maintenance, from which there is runoff. Specifies that nothing in this Act exempts silvicultural activity from permit requirements for the discharge of dredged or fill material into navigable waters.
United States · United States Congress · 14 July 2011
National Baseball 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 in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015. Directs the Secretary to hold a competition to design the obverse of the coins. Requires the design on the reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations.
United States · United States Congress · 13 July 2011
Academic Partnerships Lead Us to Success Act or A PLUS Act - Allows each state to enter into a five-year performance agreement with the Secretary of Education permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965. Requires each agreement to be approved by a combination of specified state parties, and list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires them to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows amendments to the scope of performance agreements. Requires each agreement state to: (1) maintain an accountability system measuring annual student progress toward state proficiency standards, (2) disseminate annually student performance data disaggregated by specified student groups, and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment. Limits administrative expenses. Requires the inclusion of private schools and teachers in activities funded on a consolidated basis. Directs the Secretary to evaluate each performance agreement midway through its execution. Allows the Secretary to terminate an agreement whose terms are not met for three consecutive school years.