United States · United States Congress · 27 April 2012
Stop Abortion Funding in Multi-state Exchange Plans Act or SAFE Act - Amends the Patient Protection and Affordable Care Act to require the Director of the Office of Personnel Management (OPM), in entering into contracts with health insurance issuers, to ensure that no multi-state qualified health plan offered in a health benefit exchange provides coverage of abortion. Excepts from such limitation: (1) a pregnancy that results from rape or incest; or (2) a case where a woman suffers from a physical disorder, injury, or illness that would place the her in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. Prohibits any state law from preempting the coverage limitations of this Act.
United States · United States Congress · 25 April 2012
Yucca Utilization to Control Contamination Act - Amends the Nuclear Waste Policy Act of 1982 to direct the President to publish in the Federal Register a notice certifying that the Yucca Mountain site (Nevada) is the selected site for the development of a repository for the disposal of high-level radioactive radioactive waste and spent nuclear fuel. Declares that, if the President fails to publish the certification or revokes it, each entity: (1) that is required to make a payment to the Nuclear Waste Fund shall not be required to make any additional payment; and (2) that has made a payment shall receive a refund, 75% of which shall be used for rebates to the entity's ratepayers, and 25% shall be used to carry out upgrades to the entity's nuclear power facilities to enhance the storage and security of materials used to generate nuclear power. Requires the Secretary of Energy to initiate by January 1, 2017, the transportation to the Yucca Mountain site of defense waste from each state in which it is located. Imposes penalties on the Secretary for failure to initiate such transportation.
United States · United States Congress · 19 April 2012
Agency Conferences and Conventions Operating Under Necessary Transparency Act of 2012 or the ACCOUNT Act - Requires the head of a federal agency to: (1) approve in writing any conference costing more than $25,000, (2) approve such a conference only upon determining that it is necessary to the core mission of the agency, and (3) publish a summary on the agency website of the conference that includes the purpose and total cost of the conference and the cost per employee that attended the conference.
United States · United States Congress · 17 April 2012
Amends the Internal Revenue Code to: (1) require individuals who claim a tax credit for qualified tuition and related expenses under the Hope Scholarship tax credit or the Lifetime Learning tax credit to include their social security numbers on their tax returns, (2) require the educational institutions of such individuals to provide their employer identification numbers, and (3) make permanent the authority of the Secretary of the Treasury to disclose tax return information relating to inmates in federal or state prisons whom the Secretary has determined may have filed or facilitated the filing of a false tax return.
United States · United States Congress · 29 March 2012
Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2012 or WAVE4 Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to require certain delivery process reforms for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, working in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Authorizes such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Prohibits expenditures from the Fund for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures equal to or exceeding $100 million.
United States · United States Congress · 28 March 2012
Surface Transportation Extension Act of 2012 - Directs the Secretary of Transportation (DOT) to reduce the amount apportioned for a surface transportation program, project, or activity for FY2012 by amounts apportioned or allocated under the Surface Transportation Extension Act of 2011, Part II for the period from October 1, 2011, through March 31, 2012. Amends the Surface Transportation Extension Act of 2011, Part II to continue through June 1, 2012, and authorizes appropriations through that date for, specified federal-aid highway programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation, however, at two-thirds of the total amount, as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund (HTF) for FY2011. Subjects contract authority, however, between October 1, 2011, and June 1, 2012, for such programs to a specified pro rata limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. Extends the allocation of certain transportation program funds to: (1) states for specific programs, including the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, the Surface Transportation program, and the Highway Bridge program; and (2) the territories and Puerto Rico. Prohibits use of program funds for a high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California. Authorizes the appropriation of $261,903,500 from the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for the period from October 1, 2011, through June 1, 2012. Amends SAFETEA-LU to extend for the same period the authorization of appropriations for specified National Highway Traffic Safety Administration (NHTSA) safety programs (including NHTSA administrative expenses) and Federal Motor Carrier Safety Administration (FMCSA) programs. Extends, from October 1, 2011, through June 1, 2012, the funding for hazardous materials (hazmat) research projects. Amends the Dingell-Johnson Sport Fish Restoration Act to continue for the same period of time the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends, from October 1, 2011, through June 1, 2012, the allocation of capital investment grant funds for federal transit programs, including the metropolitan planning program and the state planning and research program. Extends the special rule authority of the Secretary to award urbanized area formula grants to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000. Allocates, from October 1, 2011, through June 1, 2012, certain amounts for formula and bus grants and capital investment grants for: (1) certain new fixed guideway capital projects; (2) new fixed guideway ferry systems and extension projects in Alaska and Hawaii; (3) payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; (4) ferry boats or ferry terminal facilities; (5) a set-aside for the national fuel cell bus technology development program; (6) projects in nonurbanized areas; (7) intermodal terminal projects; and (8) bus testing. Extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations. Extends, from October 1, 2011, through June 1, 2012, the apportionment of capital investment grant funds for certain fixed guideway modernization projects. Extends for that same period the authorization appropriations from the HTF Mass Transit Account for: (1) formula and bus grant projects, (2) capital investment grants, (3) transit research, and (4) administration expenses. Extends, from October 1, 2011, through June 1, 2012, certain SAFETEA-LU programs, including: (1) the contracted paratransit pilot program, (2) the public-private partnership pilot program, (3) project authorizations for final design and construction and preliminary engineering of specified fixed guideway projects, and (4) the elderly individuals and individuals with disabilities pilot program. Extends certain allocations for national research and technology programs. Amends the Internal Revenue Code to extend through June 1, 2012, authority for expenditures from the: (1) HTF Highway and Mass Transit accounts, (2) Sport Fish Restoration and Boating Trust Fund, and (3) Leaking Underground Storage Tank Trust Fund. Extends through June 1, 2012, excise taxes on: (1) fuel used by certain buses, (2) certain alcohol fuels, (3) gasoline (other than aviation gasoline) and diesel fuel or kerosene, (4) certain heavy trucks and trailers, and (5) tires. Extends the Leaking Underground Storage Tank Trust Fund tax. Extends through FY2013 the excise tax on certain heavy vehicles. Extends through June 1, 2012, the exemptions from excise taxes on: (1) certain sales, and (2) motor vehicles used by a state and local government. Extends the transfer of: (1) certain highway excise taxes to the HTF, and (2) motorboat fuel taxes from the HTF into the land and water conservation fund.
United States · United States Congress · 28 March 2012
Surface Transportation Extension Act of 2012 - Directs the Secretary of Transportation (DOT) to reduce the amount apportioned for a surface transportation program, project, or activity for FY2012 by amounts apportioned or allocated under the Surface Transportation Extension Act of 2011, Part II for the period from October 1, 2011, through March 31, 2012. Amends the Surface Transportation Extension Act of 2011, Part II to continue through June 30, 2012, and authorizes appropriations through that date for, specified federal-aid highway programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation, however, at three-quarters of the total amount, as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund (HTF) for FY2011. Subjects contract authority, however, between October 1, 2011, and June 30, 2012, for such programs to a specified pro rata limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. Extends the allocation of certain transportation program funds to: (1) states for specific programs, including the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, the Surface Transportation program, and the Highway Bridge program; and (2) the territories and Puerto Rico. Prohibits use of program funds for a high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California. Authorizes appropriations from the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for the period from October 1, 2011, through June 30, 2012. Amends SAFETEA-LU to extend for the same period the authorization of appropriations for specified National Highway Traffic Safety Administration (NHTSA) safety programs (including NHTSA administrative expenses) and Federal Motor Carrier Safety Administration (FMCSA) programs. Extends, from October 1, 2011, through June 30, 2012, the funding for hazardous materials (hazmat) research projects. Amends the Dingell-Johnson Sport Fish Restoration Act to continue for the same period of time the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends the set-aside for administrative expenses for carrying out such projects. Extends, from October 1, 2011, through June 30, 2012, the allocation of capital investment grant funds for federal transit programs, including the metropolitan planning program and the state planning and research program. Extends the special rule authority of the Secretary to award urbanized area formula grants to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000. Allocates, from October 1, 2011, through June 30, 2012, certain amounts for formula and bus grants and capital investment grants for: (1) certain new fixed guideway capital projects; (2) new fixed guideway ferry systems and extension projects in Alaska and Hawaii; (3) payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; (4) ferry boats or ferry terminal facilities; (5) a set-aside for the national fuel cell bus technology development program; (6) projects in nonurbanized areas; (7) intermodal terminal projects; and (8) bus testing. Extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations. Extends, from October 1, 2011, through June 30, 2012, the apportionment of capital investment grant funds for certain fixed guideway modernization projects. Extends for that same period the authorization appropriations from the HTF Mass Transit Account for: (1) formula and bus grant projects, (2) capital investment grants, (3) transit research, and (4) administration expenses. Extends, from October 1, 2011, through June 30,2012, certain SAFETEA-LU programs, including: (1) the contracted paratransit pilot program, (2) the public-private partnership pilot program, (3) project authorizations for final design and construction and preliminary engineering of specified fixed guideway projects, and (4) the elderly individuals and individuals with disabilities pilot program. Extends certain allocations for national research and technology programs. Amends the Internal Revenue Code to extend through June 30, 2012, authority for expenditures from the: (1) HTF Highway and Mass Transit accounts, (2) Sport Fish Restoration and Boating Trust Fund, and (3) Leaking Underground Storage Tank Trust Fund. Extends through June 30, 2012, excise taxes on: (1) fuel used by certain buses, (2) certain alcohol fuels, (3) gasoline (other than aviation gasoline) and diesel fuel or kerosene, (4) certain heavy trucks and trailers, and (5) tires. Extends the Leaking Underground Storage Tank Trust Fund tax. Extends through FY2013 the excise tax on certain heavy vehicles. Extends through June 30, 2012, the exemptions from excise taxes on: (1) certain sales, and (2) motor vehicles used by a state and local government. Extends the transfer of: (1) certain highway excise taxes to the HTF, and (2) motorboat fuel taxes from the HTF into the land and water conservation fund.
United States · United States Congress · 27 March 2012
Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container. Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation. Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee. Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.
United States · United States Congress · 22 March 2012
Surface Transportation Extension Act of 2012 - Directs the Secretary of Transportation (DOT) to reduce the amount apportioned for a surface transportation program, project, or activity for FY2012 by amounts apportioned or allocated under the Surface Transportation Extension Act of 2011, Part II for the period from October 1, 2011, through March 31, 2012. Amends the Surface Transportation Extension Act of 2011, Part II to continue through June 30, 2012, and authorizes appropriations through that date for, specified federal-aid highway programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation, however, at three-quarters of the total amount, as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund (HTF) for FY2011. Subjects contract authority, however, between October 1, 2011, and June 30, 2012, for such programs to a specified pro rata limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. Extends the allocation of certain transportation program funds to: (1) states for specific programs, including the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, the Surface Transportation program, and the Highway Bridge program; and (2) the territories and Puerto Rico. Prohibits use of program funds for a high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California. Authorizes the appropriation of $294,641,438 from the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for the period from October 1, 2011, through June 30, 2012. Amends SAFETEA-LU to extend for the same period the authorization of appropriations for specified National Highway Traffic Safety Administration (NHTSA) safety programs (including NHTSA administrative expenses) and Federal Motor Carrier Safety Administration (FMCSA) programs. Extends, from October 1, 2011, through June 30, 2012, the funding for hazardous materials (hazmat) research projects. Amends the Dingell-Johnson Sport Fish Restoration Act to continue for the same period of time the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 1992, boating infrastructure projects, and the National Outreach and Communications Program. Extends, from October 1, 2011, through June 30, 2012, the allocation of capital investment grant funds for federal transit programs, including the metropolitan planning program and the state planning and research program. Extends the special rule authority of the Secretary to award urbanized area formula grants to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000. Allocates, from October 1, 2011, through June 30, 2012, certain amounts for formula and bus grants and capital investment grants for: (1) certain new fixed guideway capital projects; (2) new fixed guideway ferry systems and extension projects in Alaska and Hawaii; (3) payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; (4) ferry boats or ferry terminal facilities; (5) a set-aside for the national fuel cell bus technology development program; (6) projects in nonurbanized areas; (7) intermodal terminal projects; and (8) bus testing. Extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations. Extends, from October 1, 2011, through June 30, 2012, the apportionment of capital investment grant funds for certain fixed guideway modernization projects. Extends for that same period the authorization appropriations from the HTF Mass Transit Account for: (1) formula and bus grant projects, (2) capital investment grants, (3) transit research, and (4) administration expenses. Extends, from October 1, 2011, through June 30,2012, certain SAFETEA-LU programs, including: (1) the contracted paratransit pilot program, (2) the public-private partnership pilot program, (3) project authorizations for final design and construction and preliminary engineering of specified fixed guideway projects, and (4) the elderly individuals and individuals with disabilities pilot program. Extends certain allocations for national research and technology programs. Amends the Internal Revenue Code to extend through June 30, 2012, authority for expenditures from the: (1) HTF Highway and Mass Transit accounts, (2) Sport Fish Restoration and Boating Trust Fund, and (3) Leaking Underground Storage Tank Trust Fund. Extends through June 30, 2012, excise taxes on: (1) fuel used by certain buses, (2) certain alcohol fuels, (3) gasoline (other than aviation gasoline) and diesel fuel or kerosene, (4) certain heavy trucks and trailers, and (5) tires. Extends the Leaking Underground Storage Tank Trust Fund tax. Extends through FY2013 the excise tax on certain heavy vehicles. Extends through June 30, 2012, the exemptions from excise taxes on: (1) certain sales, and (2) motor vehicles used by a state and local government. Extends the transfer of: (1) certain highway excise taxes to the HTF, and (2) motorboat fuel taxes from the HTF into the land and water conservation fund.
United States · United States Congress · 8 March 2012
Due Process and Military Detention Amendments Act - Amends the National Defense Authorization Act for Fiscal Year 2012 to provide that, in the case of a person detained in the United States pursuant to the Authorization for Use of Military Force, disposition under the law of war shall only mean transfer for trial and proceedings by a court established under article III of the Constitution. Requires such trial and proceedings to have all due process provided under the Constitution. Repeals the requirement of detention in military custody pending disposition under the law of war for individuals determined to be a member or part of al Qaeda or an associated force who has participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners.
United States · United States Congress · 7 March 2012
Recognizes and supports the efforts of the Gold Star Dads of America (fathers of members of the Armed Forces who die in defense of the United States) to assist members who suffer catastrophic injuries while serving on active duty and to assist the families of such members.
United States · United States Congress · 7 March 2012
Expresses the sense of Congress that, except in response to an actual or imminent attack against the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates the exclusive power of Congress to declare war under article I of the Constitution, and therefore constitutes an impeachable high crime and misdemeanor under article II.
United States · United States Congress · 28 February 2012
Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities.
United States · United States Congress · 28 February 2012
Presidential Allowance Modernization Act - Revises provisions relating to presidential pensions to allow former Presidents an annuity of $200,000 and an additional monetary allowance of $200,000 per year. Reduces such pension by the amount that a President's adjusted gross income in a taxable year exceeds $400,000. Increases from $20,000 to $100,000 the annual annuity of a surviving spouse of a former President.
United States · United States Congress · 27 February 2012
Sportsmen's Heritage Act of 2012 - Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials to facilitate the use of, and access to, federal public lands and waters for fishing, sport hunting, and recreational shooting, except as restricted by specified limitations, including statutory authority that authorizes or withholds action for reasons of national security, public safety, or resource conservation. 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 for specified purposes, including resource conservation, public safety, energy production, water supply facilities, or national security. Allows federal agencies to: (1) lease their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Sets forth requirements for a withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands or waters for fishing or hunting or related activities. Recreational Shooting Protection Act - Requires National Monument land under BLM's jurisdiction to be open to access and use for recreational shooting, except as limited by the Director of BLM for reasons of national security and public safety and to comply with an applicable federal statute. 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. Polar Bear Conservation and Fairness Act of 2012 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person: (1) who submits proof that the polar bear was legally harvested before February 18, 1997; or (2) who has submitted, in support of an application submitted before May 15, 2008, proof that the bear was legally harvested before such date from a polar bear population from which a sport-hunted trophy could be imported before such date. Hunting, Fishing, and Recreational Shooting Protection Act - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.
United States · United States Congress · 17 February 2012
Condemns Iran for its state-sponsored persecution of religious minorities and its continued violation of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Calls for Iran to release Youcef Nadarkhani and all other individuals held or charged on account of their religion. Recognizes that religious freedom is a universal human right and a fundamental individual freedom.
United States · United States Congress · 16 February 2012
Freeze Government Spending Act of 2012 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish discretionary spending limits (spending caps) at the same specified level for each of FY2013-FY2021. Requires the Office of Management and Budget (OMB), on January 2, 2013, for FY2013, and in its sequestration preview reports for FY2014-FY2021, to state: (1) the net amount of reduction in nonexempt direct spending accounts as $18.333 billion for each of FY2013-FY2020 and $18.336 billion for FY2021; and (2) the sequestration percentage necessary to achieve that reduction in nonexempt direct spending accounts for the applicable fiscal year. Requires OMB, on such date during each applicable year, to prepare and the President to issue a sequestration order of nonexempt direct spending to achieve such direct spending reduction. Requires: (1) the percentage reduction for the Medicare programs specified in the Gramm-Rudman-Hollings Act to be not more than 2% for a fiscal year; and (2) if the reduction would exceed 2% in the absence of such requirement, OMB to increase the reduction for all other direct spending by a uniform percentage to a level sufficient to achieve the required reduction in nonexempt direct spending. Requires OMB to report to Congress on information about the calculations required under this Act, a listing of the reductions required for each nonexempt direct spending account, and any other data and explanations that enhance public understanding of this Act and actions taken under it.
United States · United States Congress · 16 February 2012
Disapproves and nullifies the rule submitted by the National Labor Relations Board (NLRB) and published December 22, 2011, relating to representation election procedures.
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 · 9 February 2012
Energizing America through Employment Act - Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008. Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline. Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities. Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline. Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State. States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA. Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act. Instructs the Secretary of State, for purposes of making a national interest determination under Executive Order 13337 (or any successor Executive Order) regarding a pipeline application, to solicit the views of specified congressional committees regarding such application and pertinent information.
United States · United States Congress · 9 February 2012
Keep Employees' Emails and Phones Secure Act or KEEP Secure Act - Amends the National Labor Relations Act to prohibit the National Labor Relations Board (NLRB) from requiring an employer to provide the NLRB or a labor organization with employee telephone numbers or email addresses.
United States · United States Congress · 9 February 2012
Improving Security for Investors and Providing Closure Act of 2012 or Improving SIPC Act of 2012 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a U.S. district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that the SIPC refuses to commit its funds or otherwise act for the protection of customers of any SIPC member (debtor broker or dealer). Authorizes the SIPC, at the time such an SEC action against it is initiated, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund to settle their net equity claims against the debtor. Prescribes procedures for such a customer election. Limits the amount paid to a customer under this election to the customer's net equity claims against the debtor. Caps at $500,000 the amount of a one-time payment the SIPC can make under this election. Subrogates SIPC to all rights of the customer against the debtor, regardless of whether the one-time payment was in an amount to fully satisfy the customer's claims against the debtor. Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD.
United States · United States Congress · 31 January 2012
Prohibits federal funds from being used by a federal agency or instrumentality to participate in a lawsuit to overturn, enjoin, or otherwise invalidate specified immigration-related laws in Oklahoma, Missouri, Arizona, Utah, Indiana, Alabama, South Carolina, or Georgia.
United States · United States Congress · 31 January 2012
Preserving Access to Manufactured Housing Act - Amends the S.A.F.E. Mortgage Licensing Act of 2008 to exclude a seller of manufactured homes from the definition of loan originator subject to such Act, unless such individual or entity is engaged in the business of a loan originator or receives compensation or gain for engaging in certain residential mortgage loan activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, to revise the definition of "high cost mortgage."
United States · United States Congress · 31 January 2012
Protecting Foods and Beverages from Government Attack Act of 2012 - Prohibits the use of any appropriation for print, radio, television or any other media advertisement, campaign, or form of publicity against the use of a food or beverage that is lawfully marketed under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 31 January 2012
American Energy and Infrastructure Jobs Act of 2012 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Alternative Transportation Account) equal to current federal highway funding levels for FY2013-FY2016 for: (1) certain core federal-aid highway programs, and (2) Federal Highway Administration (FHWA) administrative expenses. Authorizes appropriations out of the HTF Alternative Transportation Account equal to such levels for FY2013-FY2016 for certain other core federal-aid highway programs. Prescribes ceiling obligations for: (1) federal-aid highway and highway safety construction programs, and (2) the Alternative Transportation Account. Directs the Secretary of Transportation of the U.S. Department of Transportation (DOT) to apportion the remainder of federal-aid highway funds to the states for the National Highway System (NHS), the congestion mitigation and air quality improvement (CMAQ), the surface transportation, and the highway safety improvement programs. Directs the Secretary to identify deficient highway bridges in each state and determine their replacement and rehabilitation costs. Requires states to develop and implement a risk-based state asset management plan identifying actions for the maintenance, repair, and rehabilitation of NHS infrastructure and that lead to the achievement of the national goals for infrastructure condition and performance. Replaces the interstate maintenance program with the NHS program. Revises NHS program, surface transportation program, and CMAQ eligibility requirements. Revises formulae for the state apportionment of federal-aid highway funds in urbanized areas with populations over 200,000 as well as in other areas. Authorizes a state to obligate the apportionment of CMAQ funds for projects: (1) resulting in new capacity for single occupant vehicles only if it will contribute to the mitigation of congestion or improvement of air quality, and (2) for PM-10 nonattainment areas. Revises the equity bonus program. Requires the Secretary to ensure that a state's apportionment of funds for specified federal-aid highway programs is at least 94% (currently, 92%) of the amount obtained from a specified formula involving estimated highway use taxes paid into the HTF by a state. Reauthorizes and revises the emergency relief fund program. Revises program eligibility requirements to include the costs of debris removal as an eligible disaster project cost only in certain cases. Authorizes the Secretary to obligate fund amounts for the repair or reconstruction of disaster-affected tribal roads, federal lands highways, and other federally-owned roads open to public travel, whether or not they are federal-aid highways. Revises the apportionment of funds to states for the construction of ferry boats and ferry terminal facilities (excluding ferry maintenance facilities). Revises the highway bridge program. Directs the Secretary to: (1) inventory all highway bridges and tunnels, (2) identify structurally deficient or functionally obsolete bridges or tunnels, (3) assign a risk-based priority for replacement or rehabilitation of each structurally deficient bridge or tunnel, (3) establish national inspection standards for evaluating all highway bridges and tunnels, and (4) establish a training program for highway bridge and tunnel inspectors. Makes 10% of a state's apportionment of certain federal-aid highway funds available only for National Highway System (NHS) bridge replacement projects. Amends the federal-aid highway program to modify the minimum penalties states are required to impose on motorists convicted multiple times for driving while intoxicated or under the influence of alcohol. Requires repeat offenders to have: (1) all their driving privileges (currently, only a driver's license) suspended for at least one year; or (2) their unlimited driving privileges suspended for one year, with limited driving privileges permitted, if an ignition interlock device is installed for at least one year on each of the motor vehicles they own or operate. Amends the the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise DOT's TIFIA program of direct loans, loan guarantees, and credit for surface transportation projects. Makes eligible for TIFIA program assistance: (1) a program of related transportation projects coordinated to achieve a common transportation goal and meet certain other requirements; and (2) a highway, transit, or pedestrian project that improves mobility within the station area of a transit, passenger rail, or intercity bus station. Authorizes a state, local government, state or local government agency, or public authority to apply to the Secretary for assistance under a master credit agreement. Requires the Secretary to establish procedures for processing such applications. Increases from 33% to 49% the maximum amount of direct loans, loan guarantees, and credit for project costs. Revises the state infrastructure bank program. Revises the toll roads, bridges, tunnels, and ferries program. Allows a state, interstate compact of states, or public entity to: (1) reconstruct, restore, or rehabilitate a Interstate System (IS) high occupancy vehicle (HOV) highway, bridge, or tunnel toll facility over which it has jurisdiction provided certain requirements are met, and (2) levy tolls on vehicles (excluding HOVs). Requires all federal-aid highway toll facilities to implement technologies or business practices that provide for the interoperability of electronic toll collection programs. Revises the highway safety improvement program. Requires state strategic highway safety plans to be updated biannually and meet certain requirements. Prohibits a state from obligating highway safety improvement program funds to purchase, operate, or maintain an automated traffic enforcement system. Requires states to report to the Secretary on: (1) the 10 railway-highway crossings with the greatest need for safety improvement; and (2) an action plan that identifies projects to improve safety at those railway-highway crossings. Directs the Secretary to develop a five-year National Freight Policy for the expansion and improvement of freight transportation infrastructure in the United States. Requires the Secretary to encourage states to develop freight plans. Prescribes certain federal weight limitations requirements for trucks operating on the IS. Authorizes tribal transportation and federal lands transportation programs for various transportation planning and highway improvement projects. Repeals specified federal-aid highway programs. Authorizes the governor of a state to use the state's apportionment of federal-aid highway funds for the repair or replacement of transportation facilities in the event of an emergency. Directs the Secretary to conduct a survey to evaluate the capacity of each state to provide adequate parking and rest facilities for commercial motor vehicles. Encourages the Secretaries of Labor and of Education to use funds to develop training and employment education programs for transportation-related careers and trades. Public Transportation Act of 2012 - Revises capital investment grant requirements for new fixed-guideway capital projects. Requires the Secretary to enter into full funding grant agreements for new fixed-guideway capital projects under the Federal Transit Administration (FTA) New Starts and Small Starts programs. Authorizes the Secretary to make bus and bus facilities formula grants to assist states and local governments in financing capital projects to: (1) replace, rehabilitate, and purchase buses and related equipment; and (2) construct bus-related facilities. Directs the Secretary to apportion a specified percentage of rural area formula grants to states to develop and support public transportation and intercity bus transportation in rural areas. Authorizes the Secretary to make competitive coordinated access and mobility program formula grants to states, local governments, nonprofits organizations, or private operators of public transportation services for: (1) public transportation projects to meet the special needs of elderly individuals and individuals with disabilities; (2) job access and reverse commute projects to transport welfare recipients and eligible low-income individuals to and from jobs; and (3) new public transportation services and public transportation alternatives for individuals with disabilities. Authorizes the Secretary to undertake, or make grants and contracts for, programs that provide training and technical assistance to providers of public transportation services. Authorizes the Secretary to award grants or enter into contracts with a public university to establish a National Transit Institute to support training and educational programs for federal, state, and local transportation employees engaged in government-aid public transportation work. Revises the apportionment of appropriations for job access and reverse commute formula grants for certain urbanized areas with populations less than 200,000. Reauthorizes and revises the fixed guideway modernization program. Authorizes appropriations for: (1) formula and bus grants; (2) capital investment grants; (3) transit research, training and outreach, and technical assistance activities; and (4) administration. Prescribes procedures for expediting the environmental review of surface transportation projects. Revises and makes permanent the surface transportation project delivery pilot program. Requires the Secretary to establish an alternative relocation payment process for the payment of relocation assistance to persons displaced by federally-assisted programs and projects. Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to provide increases in payments made by a displacing agency for: (1) relocation expenses for displaced farms, nonprofit organizations, or small businesses; and (2) replacement housing for displaced homeowners and certain other tenants. Revises metropolitan transportation planning requirements. Requires the designation of a Metropolitan Planning Organization (MPO) for an urbanized area with a population of more than 100,000 individuals. Requires MPOs, in cooperation with state and public transportation operators, to develop metropolitan long-range transportation plans and transportation improvement programs (TIPs) that provide for the development and operation of transportation systems and facilities (including environmental mitigation activities) for metropolitan planning areas (i.e. urbanized areas and nonattainment areas for ozone or carbon monoxide). Requires the Secretary to identify as a transportation management area each urbanized area with a population over 200,000 individuals. Requires the selection of congestion mitigation projects for a metropolitan planning area serving a transportation management area from an approved metropolitan long-range transportation plan and TIP. Requires states to develop statewide strategic long-range transportation plans and statewide TIPs. Directs the Secretary to develop a national strategic transportation plan for transportation projects (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, and intermodal connectors) that facilitate the development of: (1) a national transportation system, and (2) an integrated regional transportation system. Directs the Secretary to establish: (1) a national performance management system, and (2) certain core performance measures. Authorizes appropriations for NHTSA for: (1) highway safety programs, (2) the National Driver Register, and (3) administrative expenses. Revises highway safety program requirements. Revises the formula for the apportionment to states of highway safety funds to require specified percentages of funds going only to states that have enacted and are enforcing: (1) a primary safety belt use law, (2) an ignition interlock law, and (3) a graduated drivers licensing law. Directs the Secretary to require the governor of each state to develop for DOT approval a highway safety plan that includes: (1) certain quantifiable performance targets for traffic crashes and resulting fatalities and serious injuries; and (2) the state's strategy for using its funds apportionment for projects and activities that will allow the state to meet those performance targets. Repeals specified highway safety programs. Motor Carrier Safety, Efficiency, and Accountability Act of 2012 - Authorizes appropriations from the HTF (other than the Alternative Transportation Account) for FY2013-FY2016 for the Secretary to: (1) make grants to states for the development of commercial motor vehicle safety programs, and (2) pay administrative expense of the Federal Motor Carrier Safety Administration (FMCSA). Authorizes appropriations for: (1) the commercial driver's license (CDL) improvement grant program, and (2) the commercial vehicle information systems and networks deployment grant program. Revises commercial motor vehicle registration requirements. Requires the Secretary to issue a distinctive registration number to persons registered to provide transportation or service as a motor carrier, freight forwarder, or broker. Requires the Secretary to register a person to provide motor carrier services if, in addition to meeting other criteria, that person has also: (1) completed a DOT proficiency examination demonstrating knowledge of motor carrier safety regulations and requirements; (2) disclosed any relationship involving common stock, common ownership, common control, common management, or common familial relationship between the carrier and any other motor carrier in the three-years preceding the filing of an application for registration; and (3) been issued a DOT number. Authorizes the Secretary to register a person to provide transportation of household goods as a household goods motor carrier only after that person demonstrates: (1) the ability to comply with the DOT household goods consumer protection rules, and (2) knowledge of household goods motor carrier safety regulations and requirements through completion of a DOT proficiency examination. Requires the Secretary to register a person to provide service as a freight forwarder or to be a broker for transportation of property if that person is qualified by experience to act as one. Revises requirements for the registration as a motor carrier of freight forwarders and brokers. Authorizes the Secretary to deny, suspend, amend, or revoke the registration of a motor carrier, broker, or freight forwarder for failure to disclose in its application a material fact with respect to its ability to comply with federal law, regulations, or a registration condition. Prohibits two or more employers from using common ownership, common management, common control, or common familial relationship to avoid compliance, or conceal noncompliance or a history of noncompliance with commercial motor vehicle safety regulations or a DOT order. Revises financial security requirements for brokers and freight forwarders. Authorizes the Secretary to register a person as a broker or freight forwarder only if that person files with the Secretary a surety bond, proof of trust fund, or other financial security (or combination of them) to ensure financial responsibility of $100,000. Prohibits certain persons, including certain ocean freight forwarders, customs brokers, or indirect air carriers holding an approved Standard Security Program from providing interstate brokerage services unless the person: (1) is registered and in compliance with federal broker registration requirements, and (2) has satisfied federal financial security requirements. Authorizes an employer (or employee) to operate a commercial motor vehicle only if that employer is registered by the Secretary and receives a DOT number. Requires the Secretary to administer a motor carrier safety assistance program to make grants to states to develop motor carrier safety improvement programs and enforce federal and state commercial motor vehicle safety and hazardous materials transportation safety regulations, standards, and orders. Requires state plans to establish performance targets for enforcement activities and other benchmarks to reduce commercial motor vehicle fatalities and crashes. Requires the Secretary to carry out a performance and registration information systems management program to link federal motor carrier safety information systems with state commercial vehicle registration and licensing systems. Revises commercial motor vehicle driver safety fitness requirements. Directs the Secretary to require a safety review of newly registered commercial motor vehicle owners or operators that: (1) transport hazardous materials (hazmat) within 9 months after the beginning of operations, and (2) transport passengers within 90 days after the beginning of operations. Requires the Secretary to: (1) determine the safety fitness and assign a rating for each registered motorcoach owner and operator; and (2) establish a process for monitoring regularly the safety performance of each owner or operator following the assignment of a rating. Revises medical examiner requirements. Requires the Secretary to establish a national registry of medical examiners. Requires a medical examiner to pass an examination developed by the Secretary in order to be listed in the national registry. Directs the Secretary to issue safety standards for new motorcoaches with respect to: (1) occupant protection systems (including seatbelts) to protect against collisions and rollovers, (2) roof strength, (3) fire prevention and mitigation, and (4) emergency passenger evacuation. Directs the Secretary to revise window glazing standards for new motorcoaches to prevent passenger ejection. Directs the Secretary to establish a national clearinghouse for verified positive alcohol and controlled substance test results and test refusals or failures to comply with testing program requirements. Prohibits an employer from hiring an individual to operate a commercial motor vehicle or perform any other safety sensitive function unless the employer requests information from the clearinghouse that indicates, during the preceding three-year period, the individual: (1) did not violate testing program requirements; or (2) is eligible to return to safety sensitive duties, pursuant to an established return-to-duty process, after violating such requirements. Prescribes new and revises current penalties for violations of certain commercial motor vehicle drug and alcohol prohibitions and specified other requirements. Directs the Secretary to issue final regulations establishing minimum training requirements for commercial motor vehicle operators. Requires states to request information from the CDL information system concerning a CDL applicant from the drug and alcohol clearinghouse before renewing or issuing a CDL. Requires states to submit plans for complying with specified CDL program requirements to avoid the withholding of the state's apportionment of certain federal-aid highway funds. Requires states to have approved CDL program plans to receive a CDL program improvement grant. Prohibits the Secretary from requiring individuals with class A CDLs to obtain a hazmat endorsement to operate a truck carrying diesel fuel of 1,000 gallons or less if: (1) the fuel tank is clearly marked with a placard reading "Diesel Fuel," and (2) the individual is acting within the scope of employment as an employee of certain farm-related service industries. Directs the Secretary to establish accelerated licensing procedures to assist veterans to acquire CDLs. Directs the Secretary to conduct a field study of the efficacy of FMCSA's 2011 restart rule (the 34-hours of service [HOS] restart rule) with respect to commercial motor vehicle operators subject to federal maximum driving time requirements. Requires any regulations the Secretary issues regarding electronic logging devices to monitor compliance with HOS requirements to include specified performance standards. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to extend through FY2017 FMCSA's Motor Carrier Safety Advisory Committee. 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 such exemptions to drivers transporting agricultural farm supplies between specified points within a 150-mile radius. Extends these exemptions also to drivers transporting grapes: (1) during a harvest period, and (2) to an area within 175 air-miles radius from the location where the grapes are picked or distributed. Exempts certain covered farm vehicles from commercial motor vehicle safety requirements relating to CDLs, drug testing, medical certificates, and HOS. Requires the Comptroller General to study the impact of federal motor carrier safety regulations on small trucking companies. Directs the Secretary to issue a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road. Prohibits the transportation of horses in a motor vehicle containing two or more levels stacked on top of each other. Authorizes appropriations for FY2013 and FY2016 for specified transportation research and education programs. Replaces the Surface Transportation Research Program with the Surface Transportation Research, Development, and Technology Program. Replaces the National Technology Deployment Program with the Research and Development Program. Authorizes the Secretary to establish centers for surface transportation excellence. Directs the Secretary to carry out a technology and innovation deployment program. Revises the intelligent transportation system (ITS) program. Directs the Secretary to carry out an ITS program to research and develop intelligent vehicles and intelligent infrastructure systems for application to U.S. surface transportation systems. Repeals the national university transportation centers grant program, as well as grants to specified Tier II centers. Extends the regional university transportation research center grant program through FY2013-FY2016. Repeals or revises certain intercity passenger rail capital grant programs. Amends the Passenger Rail Investment and Improvement Act of 2008 to authorize appropriations for FY2012-FY2013 for National Railroad Passenger Corporation (Amtrak) operations. Prohibits Amtrak from using federal funds to hire or contract with any outside legal professional to pursue any cause of action in federal or state court against a passenger rail service provider, including any action against a provider arising from a competitive bid process in which Amtrak and the provider participated. Allows Amtrak to provide food and beverage service on its trains only if the Federal Railroad Administration (FRA) selects a qualified bidder whose bid would result in the lowest cost, or the greatest source of revenue, to Amtrak. (Under current law, Amtrak may provide such services on its trains only if revenues from the services each year at least equal the cost of providing them.) Authorizes the FRA to exempt Amtrak from such requirement if no qualified bidder responds to FRA requests for proposals. Prescribes an environmental review process for freight or intercity passenger rail capital project development decisionmaking. Authorizes the federal lead agency (DOT), at project sponsor request, to adopt and use a planning product (decisionmaking process) that integrates the planning and environmental review process of a rail project in National Environmental Policy Act (NEPA) proceedings. Directs the Secretary to establish a program to eliminate duplicative state and federal environmental reviews and approvals of rail projects. Directs the Secretary to treat a rail project as a class of action categorically excluded (because not involving significant environmental impact) from environmental review requirements promulgated by the Council on Environmental Quality, if specified circumstances apply. Directs the Secretary to carry out a rail project delivery program. Makes high-speed rail facilities eligible for railroad rehabilitation and improvement direct loans and loan guarantees. Requires the Secretary to give priority to projects that enhance the installation of positive train control systems. Revises the railroad safety risk reduction program. Extends from December 31, 2015, to December 31, 2020, the deadline for submission to DOT by each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation of a plan for implementing a positive train control system on certain of its tracks. Authorizes such plans, in lieu of installing positive train control, to provide an alternative risk reduction strategy that would reduce the risk of release of poison- or toxic-by-inhalation hazmat to the same extent such risk of release would be reduced if positive train control were installed. Prescribes requirements for improving regulations issued by Federal Railroad Administration (FRA). Hazardous Material Transportation Safety, Efficiency, and Accountability Act of 2012 - Revises hazmat transportation safety requirements. Eliminates training grants for training instructors to train hazmat employees in the safe loading, unloading, handling, storing, and transporting of hazmat. Directs the Secretary to review implementation of the hazmat safety permit program. Authorizes the Secretary to make hazmat planning and training grants to states or Indian tribes in a fiscal year only if they certify that they are in compliance with certain fairness requirements for fees charged to transport hazmat. Prohibits the Secretary from denying an application for a modification or renewal of a special permit granting a variance from regulations for the safe transport of hazmat, or an application for party status to an existing special permit, for the sole reason that the applicant has a greater than national average hazmat out-of-service percentage. Directs the Secretary to issue regulations to implement the Uniform Motor Carrier Permit Program. Authorizes a designated DOT officer, employee, or agent to inspect a package for transportation if the officer, employee, or agent reasonably believes that the package may contain an undeclared hazmat and the inspection takes place at a properly equipped DOT-designated facility. Authorizes appropriations for FY2012-FY2016 for specified hazmat transportation safety programs. Directs the Secretary to establish pilot projects to evaluate the feasibility and cost effectiveness of electronic shipping paper systems. Requires DOT studies: (1) of the transportation of flammable liquids in the external product piping of cargo tank motor vehicles (wetlines); and (2) on whether it is necessary to continue to designate any amount or form of finished pharmaceutical, finished cosmetic, or similar product containing ethyl alcohol as a hazmat. Expresses the sense of Congress that: (1) the Harbor Maintenance Trust Fund is not being used for its intended purpose, (2) the Administration should request full use of the Fund for operating and maintaining the nation's navigation system, and (3) Congress should fully expend amounts in the Fund to operate and maintain such system. Sportfishing and Recreational Boating Safety Act of 2012 - Amends the Dingell-Johnson Sport Fish Restoration Act to continue through FY2016 the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends the set-aside for administrative expenses for carrying out such projects. Earmarks amounts allocated to the Secretary for recreational boating safety programs for: (1) payment of expenses of the Coast Guard for personnel and related activities, and (2) National Boating Safety Advisory Council activities. Amends the Internal Revenue Code to extend through FY2016 authority for expenditures from the Sport Fish Restoration and Boating Trust Fund. Surface Transportation Extension Act of 2012 - Amends the Surface Transportation Extension Act of 2011, Part II to continue through FY2012, and authorizes appropriations through that date for, specified federal-aid highway programs under SAFETEA-LU, the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund (HTF) for FY2011. Subjects contract authority for such programs, however, to the same limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. Extends the allocation of certain transportation program funds to: (1) states for specific programs, including the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, the Surface Transportation program, and the Highway Bridge program; and (2) the territories and Puerto Rico. Authorizes appropriations for administrative expenses of the federal-aid highway program through FY2012. Amends SAFETEA-LU to extend through that date the authorization of appropriations for specified NHTSA safety programs and FMCSA programs (including NHTSA and FMCSA administrative expenses). Extends through FY2012 the funding for hazmat research projects. Amends the Dingell-Johnson Sport Fish Restoration Act to continue through that date the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends the set-aside for administrative expenses for carrying out such projects. Extends through FY2012 the allocation of capital investment grant funds for federal transit programs, including the metropolitan planning program and the state planning and research program. Extends the special rule authority of the Secretary to award urbanized area formula grants to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000. Allocates through FY2012 certain amounts for formula and bus grants and capital investment grants for: (1) certain new fixed guideway capital projects; (2) new fixed guideway ferry systems and extension projects in Alaska and Hawaii; (3) payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; (4) ferry boats or ferry terminal facilities; (5) a set-aside for the national fuel cell bus technology development program; (6) projects in nonurbanized areas; (7) intermodal terminal projects; and (8) bus testing. Extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations. Eliminates the special rule for the apportionment for October 1, 2011, through June 30, 2012, of capital investment grant funds for certain fixed guideway modernization projects. Extends through FY2012 the authorization appropriations from the HTF Mass Transit Account for: (1) formula and bus grant projects, (2) capital investment grants, (3) transit research, and (4) administration expenses. Extends through FY2012 certain SAFETEA-LU programs, including: (1) the contracted paratransit pilot program, (2) the public-private partnership pilot program, (3) project authorizations for final design and construction and preliminary engineering of specified fixed guideway projects, and (4) the elderly individuals and individuals with disabilities pilot program. Extends certain allocations for national research and technology programs.
United States · United States Congress · 24 January 2012
Prohibits the use of federal funds to require a person licensed to deal in firearms to report information to the Department of Justice (DOJ) regarding the sale of multiple rifles or shotguns to the same person.
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 · 23 January 2012
Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, and provide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. Prohibits construing this Act to require a woman to view the images or penalizing the provider or the woman if she declines to look at the images. 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 the provider to include in the woman's medical file a truthful and accurate certification of the specific medical circumstances that support such determination. Authorizes the Attorney General to commence a civil action in federal court against any abortion provider who knowingly violates this Act. Prescribes penalties. Directs the Attorney General to notify the appropriate state medical licensing authority of penalties assessed. Authorizes a woman upon whom an abortion has been performed in violation of this Act to commence a civil action against the provider for actual and punitive damages.
United States · United States Congress · 18 January 2012
Repeals the affirmation in the National Defense Authorization Act for Fiscal Year 2012 that the President's authority under the Authorization for Use of Military Force (P.L. 107-40) includes the authority for the U.S. Armed Forces, pending disposition under the law of war, to detain persons who: (1) planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks; or (2) were a part of or substantially supported al-Qaeda, the Taliban, or associated forces engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
United States · United States Congress · 13 January 2012
Executive Appointments Reform Act - Eliminates exceptions to the prohibition against payment for services to an individual appointed to a federal position requiring confirmation by the U.S. Senate (advice and consent) during a recess of the Senate. Prohibits any federal officer or employee serving in a position that requires Senate confirmation from providing voluntary or gratuitous services. Amends the National Labor Relations Act to provide that a quorum required by the National Labor Relations Board to conduct its business shall not include any member of such Board who has not been confirmed by the Senate. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to: (1) provide that no rule, order, or other administrative action of the Bureau of Consumer Financial Protection shall be considered final if the Director of the Bureau was appointed during a recess of the Senate and the position of Director was vacant while the Senate was in session, until the Director has been confirmed by the Senate; (2) prohibit payment for services to any person appointed to the Bureau during a recess of the Senate to fill a vacancy in the Bureau requiring Senate confirmation, if the vacancy existed while the Senate was in session, until such appointee is confirmed by the Senate; and (3) prohibit an employee or officer of the Bureau serving in a position that requires Senate confirmation from providing voluntary or gratuitous services.
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 · 20 December 2011
Expresses the sense of the House of Representatives that all further assistance provided by the United States to Antigua and Barbuda should be suspended until Antigua and Barbuda provide complete redress of specified issues regarding an investigation of the Stanford Financial Group fraud. Includes among such redress: (1) an agreement by of Antigua and Barbuda to be subject to the jurisdiction and bound by the judgment of any U.S. court that adjudicates the claims relating to the Stanford Financial Group fraud; (2) the transfer of the assets seized by Antigua and Barbuda, or obtained by the joint liquidators of Stanford International Bank, to the U.S. district court-appointed receiver for the benefit of victims of the fraud; (3) a specified contribution by Antigua and Barbuda to the U.S. receivership estate for the benefit of victims of the fraud; (4) fulfillment by Antigua and Barbuda of their obligations relating to the expropriation of the Half Moon Bay Resort; and (5) an agreement by Antigua and Barbuda to neither interfere with the receivership commenced by the United States, nor seek control of assets claimed by the United States. Expresses the sense of the House that the Secretary of the Treasury should direct the U.S. Executive Directors of the International Bank for Reconstruction and Development and the International Development Association (World Bank) and the International Monetary Fund (IMF) to use the voice and vote of the United States to ensure that any future loan made by the World Bank or the IMF to Antigua and Barbuda is conditioned upon providing complete redress of these matters, and satisfaction of this resolution.
United States · United States Congress · 16 December 2011
War Powers Reform Act - Amends the War Powers Resolution to direct the President in every possible instance to submit to Congress before introducing U.S. Armed Forces into hostilities or situations where imminent involvement in hostilities is clearly indicated a written report setting forth the estimated scope and duration of the hostilities or involvement. Directs the President, in the absence of a declaration of war or a specific statutory authorization (currently, only in the absence of a declaration of war), to submit a written report to Congress within 48 hours when the Armed Forces are introduced into hostilities or foreign nations under specified circumstances and requires that such report include the circumstances necessitating the introduction, the constitutional and legislative authority under which such introduction took place, and the estimated scope and duration of the hostilities or involvement. Repeals an existing framework under which the President is required to terminate, within 60 days, subject to a possible 30-day extension, any use of Armed Forces with respect to which the President has submitted (or is required to submit) a report concerning the introduction of Armed Forces into hostilities in the absence of a declaration of war, unless: (1) Congress declares war or enacts specific authorization, (2) extends the 60-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Strikes provisions concerning congressional action to remove Armed Forces engaged in hostilities without a declaration of war or specific statutory authorization. Replaces such framework with a process that prohibits funds available for the Armed Forces from being obligated or expended for introducing the Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated, in the absence of: (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces.
United States · United States Congress · 15 December 2011
Modifies the Coast Guard Academy cadet nomination process by requiring that half of each incoming class be composed of cadets nominated by: (1) the Vice President or, if there is no Vice President, the President pro tempore of the Senate; (2) a Senator; (3) a Member of the House of Representatives; and (4) the various delegates to Congress, including a Resident Commissioner and Resident Representative. Entitles each Senator, House Member, Delegate, Resident Commissioner, and Resident Representative to nominate three persons each year. Requires nominees to be citizens or nationals of the United States and meet any minimum requirements established by the Secretary of the respective department in which the Coast Guard is operating. Directs the Superintendent of the Academy to furnish any Member of Congress, upon written request, the name of the nominating authority responsible for the nomination of any named or identified person for appointment to the Academy.
United States · United States Congress · 12 December 2011
Federal Prison Industries Competition in Contracting Act of 2011 - Amends federal criminal code provisions relating to Federal Prison Industries (FPI) to establish governmentwide procurement policies for purchases from FPI based upon competitive procedures. Authorizes contract awards on a noncompetitive basis if the Attorney General determines that FPI cannot reasonably expect fair consideration to receive a contract award on a competitive basis and the contract award is necessary to maintain inmate work opportunities. Specifies conditions under which a contract award may be made to FPI using other than competitive procedures. Provides that a timely offer received from FPI to furnish a product or service to a federal agency shall be considered for award without limitation as to the dollar value of the proposed purchase, unless the contract opportunity has been reserved for competition for small businesses under the Small Business Act and its regulations. Allows FPI to exclude from its bids certain costs relating to security, educating and training inmates, and excess capital costs of machinery and inventories used in prisons. Makes decisions by a federal contracting officer regarding the award of a contract to FPI or the performance of such contract final, unless reversed on appeal. Requires federal agencies to report purchases from FPI to the Federal Procurement Data System. Requires FPI to publish and maintain a catalogue of its products and services. Imposes federal occupational, health, and safety standards on FPI with respect to its industrial operations. Revises rulemaking procedures for approving new FPI products or services. Requires the Chief Operating Officer of FPI to submit a proposal to the Board of Directors of FPI with a detailed analysis of the probable impact on the private sector of a proposed expansion of sales from such new products or services. Requires a federal agency that has a requirement for a product that is authorized for sale by FPI and is listed in its catalog to first solicit an offer from FPI and make purchases on a noncompetitive basis. Requires, subject to specified limitations, a contract award to be made on a noncompetitive basis to FPI if the contracting officer determines that: (1) the FPI product will meet the procurement requirements, (2) timely performance of the contract by FPI can be reasonably expected, and (3) the negotiated price does not exceed a fair and reasonable price. Requires that the terms and conditions of a procurement contract and the price to be paid to FPI be determined by negotiation between FPI and the federal agency making the purchase. Prohibits the negotiated price from exceeding a fair and reasonable price as determined by the Federal Acquisition Regulation. Prohibits the total dollar value of FPI sales to the federal government in FY2012-FY2016 from exceeding specified percentages of FPI sales for the base period. Sets limits on FPI sales within various business sectors, relating to specific products, and arising from changes in design specifications. Prohibits the use of such preferential contracting authorities on or after October 1, 2015. Requires the Attorney General to make specified findings on the effect of such percentage limitations. Amends the Federal Property and Administrative Services Act of 1949 to require the head of an executive agency, before purchasing a product listed in the latest FPI catalog, to conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the agency's needs in terms of price, quality, and time of delivery. Prohibits the head of an executive agency from entering into a contract with FPI under which an inmate would have access to sensitive or classified information. Authorizes FPI to enter into a contract with a federal contractor or subcontractor to produce products as a subcontractor or supplier, but restricts FPI products or services from a subcontractor from entering the commercial market or infringing on procurement preferences for the blind or disabled or on certain Buy America requirements. Specifies that use of FPI as a subcontractor or supplier cannot be imposed upon prospective or actual federal prime contractors or subcontractors. Requires the Board of Directors of FPI to prescribe hourly wage rates for inmates performing work for or through FPI. Requires an hourly minimum rate of $2.50 for inmates whose term of imprisonment will expire in two years or less. Requires a biannual review of inmate wage rates. Directs the Board of Directors of FPI, not later than September 30, 2012, to increase the maximum wage rate for inmates to 50% of the minimum wage rate under the Fair Labor Standards Act of 1938, and to 100% of such wage rate not later than September 30, 2017. Limits to 80% the maximum amount of deductions from inmates' gross. Includes services furnished by such convicts or prisoners within the prohibition against the transportation or importation of goods produced by prisoners or convicts in interstate or foreign commerce. Allows for the completion of existing contracts and programs involving federal inmates who are furnishing services in commerce. Provides that nothing in this Act shall establish: (1) an entitlement of any federal prison inmate to employment in a FPI facility or any particular wage or benefit, (2) inmates as employees for purposes of any law or program, or (3) any cause of action against the United States. Establishes within the Federal Bureau of Prisons (FBP) the Enhanced In-Prison Educational and Vocational Assessment and Training Program to provide: (1) in-prison assessments of inmates' needs and aptitudes, (2) a full range of educational opportunities, (3) vocational training and apprenticeships, and (4) comprehensive release-readiness preparation. Authorizes appropriations for fiscal years after FY2011. Expresses the sense of Congress that FPI should use some of its net earnings to accomplish the purposes of this program. Phases in the implementation of the program in all federal prisons within eight years. Amends the federal criminal code to authorize inmates with work assignments within FPI to perform work for a tax-exempt charity, religious organization, or local governmental unit or school district (eligible entities) that have an agreement with FPI. Establishes the position of Inmate Work Training Administrator to create alternative inmate work opportunities with eligible entities. Sets forth requirements for proposals by eligible entities for participation in inmate work programs, including certain representations regarding the charitable nature of the entities' work, protections for non-inmate workers, wage rates for inmates, and deductions from inmate wages. Directs the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to charitable entities that provide goods or services to low-income individuals. Establishes with the FBP the Cognitive Abilities Assessment Demonstration Program to assess the cognitive abilities and perceptual skills of inmates to prepare such inmates to return to society and reduce recidivism. Requires such demonstration program to be conducted for three consecutive fiscal years beginning during FY2012 at 12 federal correctional institutions and to be offered to 6,000 inmates who are within five years of release. Requires the Director of the FBP to offer prerelease employment assistance to inmates upon release. Authorizes private for-profit business entities to participate in work-based training and apprenticeship programs for federal prison inmates. Sets forth requirements relating to training and wage rates for inmates. Prohibits FPI from offering for commercial sale products produced or services furnished by federal inmates. Terminates authority for programs after September 30, 2020, and requires all agreements relating to programs to be performed before October 1, 2025. Requires the Attorney General to meet with officials of FPI to review inmate work-based training programs and report to specified congressional committees on program progress. Directs the Comptroller General to: (1) undertake an on-going assessment of inmate work-based training programs; (2) provide an opportunity for public comment on the scope and methodology of such assessment; and (3) make interim and final reports to Congress on such assessment. Revises the membership structure and terms of the Board of Directors of FPI. Permits FPI to: (1) locate more than one workshop at a federal correctional facility, and (2) operate a workshop outside a facility if all inmates working in such workshop are classified as minimum security inmates. Directs FPI to establish a cost accounting system. Directs that correctional officers or other employees of FPI who are separated from employment due to reductions in FPI revenues be: (1) eligible for appointment in the competitive civil service, (2) registered on a Bureau of Prisons reemployment priority list, and (3) given priority for appropriate positions in the Bureau of Prisons. Revises and expands FPI annual reporting requirements to Congress. Requires copies of FPI's annual reports to be made available to the public. Provides for proposed revisions to the Governmentwide Federal Acquisition Regulation for implementing this Act and final regulations within 180 days of enactment of this Act. Requires the Board of Directors of FPI to issue regulations defining "prison-made product," "prison-furnished service," " specific product," and "specific service." Requires the Board of Directors to use means designed to most effectively solicit public comment on proposed regulations, procedures, and policies and to conduct open meetings. Requires the Secretary of Labor to establish an inmate training wage pursuant to the Fair Labor Standards Act of 1938. States that provisions of this Act relating to FPI bid protests are not intended to alter the protest rights of any other offeror of a federal contract bid. States that nothing in this Act is intended to modify the Javits-Wagner-O'Day Act (concerning procurement from persons who are blind or severely disabled).
United States · United States Congress · 8 December 2011
Stop TSA's Reach In Policy Act or the STRIP Act - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) to prohibit any employee of the Transportation Security Administration (TSA) who has not received federal law enforcement training or is not eligible for federal law enforcement benefits from using the title of "officer" or wearing a uniform and carrying a badge resembling that of a law enforcement officer.
United States · United States Congress · 7 December 2011
Legally Binding Budget Act of 2011 - Amends the Congressional Budget Act of 1974 (CBA) to require joint budget resolutions signed by the President instead of the concurrent resolutions now required (which do not have to be signed by the President). Revises accordingly the congressional procedures for considering joint budget resolutions. Prohibits the consideration of budget-related legislation before the joint budget resolution becomes law. Permits revisions of joint budget resolutions already enacted. Makes a conforming amendment to the Congressional Budget and Impoundment Control Act of 1974. Makes it out of order in both chambers to consider any joint budget resolution, amendment, or conference report that contains certain matter prohibited by the CBA, particularly inclusion in the surplus or deficit totals of any outlays and revenue totals of the Old Age, Survivors, and Disability Insurance (OASDI) program under title II of the Social Security Act. Deems the aggregates, allocations, and any other matters that pertain solely to Congress specified in a joint budget resolution, to operate and be enforceable in both chambers as if such resolution had been enacted notwithstanding a presidential veto of the resolution. (Thus creates an automatic standing order upon a presidential veto of a joint budget resolution.) Authorizes a joint budget resolution to set forth the public debt limit. Makes conforming amendments to: (1) the Rules of the House of Representatives, and (2) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 7 December 2011
Second Amendment Protection Act of 2011 - Expresses the sense of Congress that the United States should not adopt any treaty that poses a threat to national sovereignty or abridges the rights guaranteed by the Constitution, such as the right to bear arms, and should cease the provision of financial support to any entity that does so. Prohibits the United States from providing any funding to the United Nations (U.N.) for a fiscal year unless the President certifies to Congress that the U.N. has not taken action to infringe on the rights of individuals in the United States to possess a firearm or ammunition, or abridge any of the other constitutionally protected rights of U.S. citizens.
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 · 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
Promoting Responsibility in Medical Expenditures Act of 2011 - Amends title XI of the Social Security Act (SSA) to increase civil money penalties, criminal fines, and prison sentences for fraud and abuse under the SSA title XVIII (Medicare) program. Directs the Secretary of Health and Human Services to submit to Congress annual fraud reports with respect to Medicare, SSA title XIX (Medicaid), and SSA title XXI (Children's Health Insurance) (CHIP). Amends the Small Business Jobs Act to exempt from disclosure under the Freedom of Information Act the algorithms used in predictive modeling and other analytics technology to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program. Requires valid National Provider Identifiers for prescribers on pharmacy claims for covered Medicare part D prescription drugs. Requires a prescription drug plan (PDP) sponsor identifying a claim for reimbursement for a drug prescribed by an individual without a valid National Provider Identifier to report to the HHS Inspector General any relevant information on such a prescriber, including any invalid national provider identifiers being used to submit such claims and related records. Requires the Inspector General of HHS to provide such information to appropriate law enforcement agencies. Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter the fraudulent use of National Provider Identifiers. Decreases by 10% per quarter the federal medical assistance percentage (FMAP) for a state if: (1) it is receiving a grant for a state controlled substance monitoring program through which it identifies fraud, waste, or abuse in connection with the provision of prescription drug coverage under the state Medicaid plan; and (2) the state or a political subdivision is reimbursed by a third party for expenditures related to such fraud, waste, or abuse, or for a recovered amount. Directs the Secretary of HHS to establish procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries. Requires the Secretary of HHS to ensure that each newly issued Medicare identification card does not display or electronically store, in an unencrypted format, a Medicare beneficiary's Social Security account number, unless the beneficiary's health insurance claim number is the beneficiary's or spouse's Social Security number, and the risk of fraudulent use of such numbers is not unacceptably high. Requires the Secretary of HHS to prohibit the display of a Medicare beneficiary's Social Security account number in any written or electronic communication to the beneficiary unless its inclusion is essential for the operation of the Medicare program. Directs the Secretary of HHS to establish a pilot program to evaluate the applicability of smart card technology to the Medicare program, and whether such cards would be effective in preventing Medicare fraud. Prohibits payment for an item or service under Medicaid or CHIP unless the claim contains: (1) a valid beneficiary identification number corresponding to an individual enrolled under the state plan or an applicable waiver; and (2) a valid provider identifier corresponding to a provider eligible to receive payment for furnishing such item or service. Directs the Comptroller General to recommend methods to make Medicare claims data available to the public to improve Medicare transparency while protecting the privacy of individual Medicare beneficiaries, service providers, and suppliers.
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 · 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 · 16 November 2011
Stop Green Initiative Abuse Act of 2011 - Amends the Energy Conservation and Production Act to repeal provisions concerning the Department of Energy's (DOE's) weatherization assistance program for low-income persons to increase energy efficiency of dwellings.
United States · United States Congress · 16 November 2011
Child Tax Credit Integrity Preservation Act of 2011 - Amends the Internal Revenue Code to expand the identification requirements for the child tax credit to require taxpayers to provide valid identification numbers on their tax returns in addition to the names and identification numbers of each qualifying child.
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 · 24 October 2011
Common Sense Deficit Reduction Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate: (1) health care entitlements for certain individuals who are under age 65, not entitled to or enrolled for benefits under SSA title XVIII (Medicare), and whose income does not exceed 133% of the poverty line; (2) the state option to cover individuals whose income exceeds 133% of the poverty line; (3) the increased federal medical assistance percentage (FMAP) for medical assistance for newly eligible mandatory individuals; and (4) coverage of former foster care children under age 26. Eliminates requirements that Medicaid benchmark benefits: (1) provide minimum essential coverage, and (2) ensure parity in the financial requirements and treatment limitations in medical and surgical benefits, on the one hand, and mental health or substance use disorder benefits, on the other. Amends the Patient Protection and Affordable Care Act (PPACA) to eliminate: (1) the extension of the Medicaid premium assistance subsidy to all individuals, regardless of age; and (2) the prohibition against any state requirement, as a condition of Medicaid eligibility, that an individual (or the individual's parent) apply for enrollment in qualified employer-sponsored coverage. Amends SSA titles XIX and XXI (Children's Health Insurance Program) (CHIP) to eliminate the modified adjusted gross income standard for determining Medicaid and CHIP eligibility. Amends SSA title XXI to: (1) eliminate the increased FMAP for CHIP; (2) reduce CHIP appropriations for FY2013 and eliminate them for FY2014-FY2015; (3) repeal the requirement that a state assure exchange coverage for targeted low-income children unable to be provided child health assistance as a result of funding shortfalls; (4) terminate after FY2013 (instead of the current extension through FY2015) the period during which the Secretary of Health and Human Services (HHS) must make grants to improve CHIP outreach and enrollment; and (5) reduce the amount of money for awarding such grants. Reduces the amount of the one-time appropriations to CHIP under the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Amends the Internal Revenue Code to repeal the tax credit for premium assistance for coverage under a qualified health plan. Amends PPACA, the Fair Labor Standards Act of 1938, the Public Health Service Act, and SSA title XIX to repeal mandatory reductions in the maximum limits for out-of-pocket expenses (cost-sharing subsidies) for individuals enrolled in qualified health plans whose incomes are between 100% and 400% of the poverty line. Amends PPACA to require a state's American Health Benefit Exchange to certify that, for purposes of the individual responsibility penalty under the Internal Revenue Code, an individual is exempt from the individual requirement to purchase qualified health care insurance (mandate) or from the penalty imposed by such section because the individual would have qualified for premium assistance under the Internal Revenue Code, medical assistance under Medicaid, child health assistance under CHIP, or reduced costing sharing, but for the enactment of this Act. Repeals the Community Living Assistance Services and Supports program (CLASS Act) under the Public Health Service Act.
![Official portrait of Rep. Duncan, John J., Jr. [R-TN-2]](https://www.congress.gov/img/member/d000533_200.jpg)