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 · 23 December 2011
Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of two gold medals to the First Special Service Force (a joint American-Canadian unit), collectively, in recognition of their World War II service. Directs one such gold medal to be given to the Smithsonian Institution and the other to the First Special Service Force Association in Helena, Montana. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions.
United States · United States Congress · 19 December 2011
Amends the Internal Revenue Code to treat membership in a tax-exempt health care sharing ministry as coverage under a high deductible health plan for purposes of the tax deduction for contributions to a health savings account.
United States · United States Congress · 16 December 2011
Putting Drug Free Families First Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require states to test applicants for and recipients of assistance under state TANF programs for illegal drug use. Prohibits a state from providing TANF assistance to individuals who test positive for an illegal drug. Prescribes an administrative penalty for failure to implement illegal drug use testing.
United States · United States Congress · 15 December 2011
Amends detainee and military custody provisions of the National Defense Authorization Act for Fiscal Year 2012, with respect to the authority of the President and the U.S. Armed Forces pursuant the Authorization for Use of Military Force (P.L. 107-40), to specify that no U.S. citizen may be detained against his or her will without all the rights of due process afforded to the citizen in a court ordained or established by or under Article III of the U.S. Constitution.
United States · United States Congress · 13 December 2011
Stopping Needless Additional Performance Bonuses (SNAP) Act of 2011 - Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) to repeal the authority to make performance-based bonus payments to states under the supplemental nutrition assistance program (SNAP, formerly food stamps).
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
Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States; (2) information required by this Act; and (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog.
United States · United States Congress · 8 December 2011
Reopening American Capital Markets to Emerging Growth Companies Act of 2011 - Amends the Securities Act of 1933 (SA) and the Securities Exchange Act of 1934 (SEA) to define "emerging growth company" as an issuer that had total annual gross revenues of less than $1 billion during its most recently completed fiscal year. Amends SEA and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to exempt emerging growth companies from the requirement for separate shareholder approval of executive compensation, including golden parachute compensation. Amends SA to state that an emerging growth company need not present more than two years of audited financial statements in order for its registration statement, with respect to an initial public offering of its common equity securities, to be effective. Amends both SA and SEA to state that, in any other registration statement to be filed with the Securities and Exchange Commission (SEC), an emerging growth company need not present financial data for any period before the earliest audited period presented in connection with its initial public offering. Authorizes the SEC to recognize, as generally accepted accounting principles, those established by a standard setting body that, in addition to other criteria, has not established any accounting principles that would require an emerging growth company to comply with any new or revised financial accounting standard as of an effective date earlier than the one applying to a company that is not an issuer. Amends the the Sarbanes-Oxley Act of 2002 to exempt a registered public accounting firm that prepares or issues a report on its audit of an emerging growth company from the requirement that it attest to, and report on, any assessment of internal controls the company's management has made. Modifies the application to emerging growth companies of any auditing or other professional standards the Public Company Accounting Oversight Board may establish that were proposed by one or more professional groups of accountants. Exempts an emerging growth company from any such rules requiring mandatory audit firm rotation or a supplement to the auditor's report in which the auditor would be required to provide additional information about the audit and the issuer's financial statements (auditor discussion and analysis). Applies this exemption also with respect to any additional rules adopted by the Board after enactment of this Act, unless the SEC decides otherwise and determines that their application to emerging growth companies is necessary or appropriate in the public interest, after considering the protection of investors and whether the action will promote efficiency, competition, and capital formation. Amends SA to deem not to constitute an offer for sale or offer to sell a security, for the purposes of prospectus and specified registration requirements, a broker's or dealer's publication or distribution of a written, electronic, or oral research report about an emerging growth company that is the subject of a proposed public offering of its common equity securities pursuant to a registration statement the issuer proposes to file, or has filed, or that is effective, even if the broker or dealer is participating or will participate in the registered offering of the issuer's securities. Prohibits the SEC and any registered national securities association from adopting or maintaining any conflict-of-interest rule or regulation in connection with an initial public offering of the common equity of an emerging growth company that restricts: (1) which associated persons (based on functional role) of a broker, dealer, or member of a national securities association may arrange for communications between a securities analyst and a potential investor; or (2) a securities analyst from participating in any communications with the management of an emerging growth company that is also attended by any other associated person of a broker, dealer, or member of a national securities association whose functional role is other than as a securities analyst. Authorizes an emerging growth company, or any person authorized to act on behalf of one, to engage in oral or written communications with potential investors that are qualified institutional buyers or institutions that are accredited investors to determine whether such investors might have an interest in a contemplated securities offering, either before or after the filing of a registration statement with the SEC. Prohibits the SEC and any registered national securities association from adopting or maintaining any rule or regulation prohibiting any broker, dealer, or member of a national securities association from publishing or distributing any research report, or making a public appearance, with respect to the securities of an emerging growth company. Amends SA to authorize an emerging growth company, before its initial public offering date, to submit to the SEC a draft registration statement for confidential nonpublic review by SEC staff before the public filing, provided that the initial confidential submission and all amendments to it are publicly filed with the SEC within 21 days before the issuer conducts a "road show." Declares that the SEC, however, shall not be compelled to disclose such information. (A "road show" is an offer that contains a presentation regarding an offering by one or more members of the issuer's management and includes discussion of the issuer, its management, and/or the securities being offered.)
United States · United States Congress · 7 December 2011
Government Shutdown Prevention Act of 2011 - Makes specified provisional (automatic) continuing appropriations in the event that any regular appropriation bill for a fiscal year is not enacted before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. (Thus prevents a federal government shutdown.)
United States · United States Congress · 7 December 2011
Biennial Budgeting and Enhanced Oversight Act of 2011 - Amends the Congressional Budget Act of 1974 (CBA) to require: (1) biennial (instead of annual) budget resolutions, (2) biennial appropriations Acts, and (3) biennial government strategic and performance plans. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Makes conforming amendments to the Rules of the House of Representatives, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and the CBA.
United States · United States Congress · 7 December 2011
Recognizes the importance of Christmas symbols and traditions. Disapproves of attempts to ban references to Christmas. Supports the use of these symbols and traditions by those who celebrate Christmas.
United States · United States Congress · 2 December 2011
North American Energy Access Act - Prohibits construction, operation, or maintenance of the oil pipeline and related facilities described in the Final Environmental Impact Statement (EIS) for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011 (including any modified version of that pipeline and related facilities), unless it is in compliance with the terms of a permit prescribed under this Act. Instructs the Federal Energy Regulatory Commission (FERC), to issue, within 30 days after receipt of an application, a permit for such pipeline and related facilities implemented in accordance with such Final EIS. Deems a permit to have been issued if FERC has not acted upon a permit application within 30 days after receipt. Declares FERC approval a prerequisite to authorization for a permit applicant to make substantial modifications to either the pipeline route or any other term of the Final EIS. Directs FERC to: (1) enter into a memorandum of understanding with the state of Nebraska for review under the National Environmental Policy Act of 1969 of any modification to the proposed pipeline route, and (2) complete consideration and approval of such modification within 30 days after receiving the governor's approval. Deems approval to have been issued if FERC has not acted within 30 days after receiving an application for approval of a modification. Declares a permit issued under this Act to be the sole legal authority to construct, operate, and maintain the Keystone XL Pipeline Project and related facilities.
United States · United States Congress · 2 December 2011
Restoring Ethical Standards, Transparency, and Responsibility in Congressional Trading Act or RESTRICT Act - Amends the Ethics in Government Act of 1978 to require the President, the Vice President, Members of Congress, and certain federal officers and employees to: (1) place all of his or her stocks, bonds, commodities futures, and other forms of securities, including securities held jointly with a spouse or dependent child, in a qualified blind trust; or (2) file a report with the appropriate ethics officer, within three business days after a transaction is settled, on any purchase, sale, or exchange in stocks, bonds, commodities futures, and other forms of securities, including those jointly held with the individual's spouse or dependent child. Exempts from this requirement any financial interests in or income derived from: (1) the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including the Thrift Savings Plan (TSP); (2) any other federal retirement system for U.S. officers and employees, including the President, or for members of the uniformed services; or (3) benefits received under the Social Security Act. Subjects violators of this Act to specified civil and criminal penalties.
United States · United States Congress · 2 December 2011
Social Security Preservation through Individual Choice Enhancement Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to allow individual taxpayers an election to claim the 2% reduction in employment taxes under such Act in any calendar year beginning in or after 2012. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the applicable social security retirement age by one month for each calendar year that a taxpayer elects a reduction in employment taxes under this Act.
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 · 30 November 2011
Cyber Intelligence Sharing and Protection Act of 2011 - Amends the National Security Act of 1947 to add provisions concerning cyber threat intelligence and information sharing. Defines "cyber threat intelligence" as information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private entity, including information pertaining to the protection of a system or network from: (1) efforts to degrade, disrupt, or destroy such system or network; or (2) theft or misappropriation of private or government information, intellectual property, or personally identifiable information. Requires the Director of National Intelligence to: (1) establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities, and (2) encourage the sharing of such intelligence. Requires the procedures established to ensure that such intelligence is only: (1) shared with certified entities or a person with an appropriate security clearance, (2) shared consistent with the need to protect U.S. national security, and (3) used in a manner that protects such intelligence from unauthorized disclosure. Provides for guidelines for the granting of security clearance approvals to certified entities or officers or employees of such entities. Authorizes a cybersecurity provider (a non-governmental entity that provides goods or services intended to be used for cybersecurity purposes), with the express consent of a protected entity (an entity that contracts with a cybersecurity provider) to: (1) use cybersecurity systems to identify and obtain cyber threat information in order to protect the rights and property of the protected entity; and (2) share cyber threat information with any other entity designated by the protected entity, including the federal government. Regulates the use and protection of shared information, including prohibiting the use of such information to gain a competitive advantage and, if shared with the federal government, exempts such information from public disclosure. Prohibits a civil or criminal cause of action against a protected entity, a self-protected entity (an entity that provides goods or services for cybersecurity purposes to itself), or a cybersecurity provider acting in good faith under the above circumstances. Directs the Privacy and Civil Liberties Oversight Board to submit annually to Congress a review of the sharing and use of such information by the federal government, as well as recommendations for improvements and modifications to address privacy and civil liberties concerns. Preempts any state statute that restricts or otherwise regulates an activity authorized by the Act.
United States · United States Congress · 29 November 2011
Cardiac Arrest Survival Act of 2011 - Amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used or attempted to be used on a victim of a perceived medical emergency; and (2) the owner-acquirer of an AED for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer. Applies immunity regardless of whether: (1) the AED is marked with cautionary signage or registered with any government; or (2) the person who used or attempted to use the AED complied with such signage, had received training on such use, or was assisted or supervised by any other person, including a licensed physician.
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
Pays tribute to the members of the U.S. Armed Forces and civilians who died in the Japanese attack on Pearl Harbor on December 7, 1941. Honors the thousands of men and women of the Armed Forces who paid the ultimate sacrifice in defense of freedom and liberty during World War II. Acknowledges the continued peaceful and mutually beneficial relationship between the United States and Japan. Appreciates the efforts of Japan as one of the most reliable security partners of the United States in the global war on terrorism. Encourages Japan to continue to develop strategic and economic policies, in partnership with the United States, that promote stability throughout Asia and reduce trade barriers between the two countries.
United States · United States Congress · 17 November 2011
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 17 November 2011
Requires the Secretary of Veterans Affairs to make tuition payments for veterans enrolled in institutions of higher education and receiving assistance under the Post-9/11 Educational Assistance Program by not later than the tuition due date for the quarter, semester, or term. Directs the Secretary, in determining payment amount, to take into consideration any waiver of or reduction in tuition and fees, and any scholarship or other federal, state, institutional, or employer-based aid or assistance made or awarded as of the payment due date. Requires repayment to the Secretary of any waiver, reduction, or other assistance amount made or awarded after such date.
United States · United States Congress · 17 November 2011
Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare electronic health record incentives to eligible professionals practicing in rural health clinics, and (2) extend Medicare quality reporting incentives to such clinics.
United States · United States Congress · 17 November 2011
State Management of Recovered Wolves Act - Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to permit any state in which wolves are listed as an endangered or threatened species to conduct lethal and non-lethal control of wolves to protect from wolf depredations if the population of wolves in such state exceeds the goal established by a species recovery plan.
United States · United States Congress · 16 November 2011
Supports the designation of a Small Business Saturday. Supports efforts to: (1) encourage consumers to shop locally, and (2) increase awareness of the value of locally owned small businesses and their impact on the U.S. economy.
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 · 14 November 2011
Honest Budget Act - Amends procedures in the Congressional Budget Act of 1974 (CBA) that make it out of order in the Senate to consider appropriations legislation until the Senate agrees to a concurrent resolution on the budget. Permits waivers or suspension of such requirements, or successful appeals from a ruling of the Chair, by an affirmative vote of three-fifths (60) of the Senate. Declares that it shall not be in order in the House of Representatives to consider certain bills, joint resolutions, or conference reports that designate as an emergency requirement any provision that creates discretionary or direct spending or decreases revenues. Establishes a procedure for emergency designations by amendment. Amends the Federal Credit Reform Act of 1990 (FCRA) to revise the budgetary treatment of federal direct loans and loan guarantees to account for them on a fair value basis (currently, a FCRA accrual basis). Expands such new budgetary treatment to financial investments beginning in FY2015. Defines "financial investment" as a federal government investment in any securities (debt or equity) or futures, swaps, or other derivatives, issued by a non-federal entity, regardless of whether the issuances are federally guaranteed, or issued by a federal entity if the issuance consists of marketable securities. Requires the President's budget: (1) from FY1992 on to reflect the Treasury discounting component of direct loan and loan guarantee programs; and (2) from FY2015 on to reflect the costs of direct loan, loan guarantee, and financial investment programs. Defines "Treasury discounting component" as the estimated long-term cost to the federal government of a direct loan, loan guarantee, or financial investment calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. Revises other requirements for the President's budget including conditions for new direct loan obligations incurred and loan guarantee commitments made for FY1992 and thereafter, and new financial investment commitments for FY2015 and thereafter. Requires new budget authority for such loans or loan guarantee or financial investment commitments to be provided in advance in an appropriations Act. Exempts a direct loan or loan guarantee program that constitutes an entitlement (such as the guaranteed student loan program or the veteran's home loan guaranty program) as well as all existing credit programs of the Commodity Credit Corporation (CCC) from: (1) the above requirement; and (2) the prohibition against modification of an outstanding direct loan, loan guarantee, or financial investment in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act. Revises requirements for Treasury transactions with financing accounts (nonbudget accounts associated with each program account which holds balances, receives the cost payment from the program account, and also includes all other cash flows to and from the federal government resulting from such obligations or commitments made on or after October 1, 1991). Limits the availability of amounts in liquidating accounts to specified payments resulting from direct loan obligations or loan guarantee commitments made before October 1, 1991. Prescribes requirements for consideration of legislation after agreement on a budget resolution (in effect, extending a point of order against certain changes in mandatory programs to all such programs in appropriations bills). Prohibits the congressional budget committees from counting rescissions of budget authority that do not result in outlay savings over the period covered by a budget resolution when determining the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year. Suspends within-grade step increases in the compensation of certain federal employees from the date of enactment of this Act until December 31, 2012. Makes it out of order in the House to consider any legislation that would provide an advance appropriation, except for employment training, education programs, Head Start, rental assistance, the Corporation for Public Broadcasting, and veterans' medical services. Allows waiver of this rule by a vote of three-fifths of the Members. Prohibits shifts in outlays or revenues from one year to another by a date change to act as an offset for other provisions that increase the deficit for a time period. Prescribes a budget scoring rule for transfers from the Treasury General Fund to the Highway Trust Fund that increase the level of indebtedness subject to the current applicable statutory public debt limit.
United States · United States Congress · 10 November 2011
Jobs Through Growth Act - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax (AMT) for individual taxpayers after 2010, (2) allow an individual taxpayer to elect an alternative income tax system in lieu of existing rates, (3) allow an inflation adjustment to the cost of certain capital assets for purposes of determining gain or loss from the sale or exchange of such assets, (4) reduce the top income tax rate on corporations to 25%, (5) extend through 2012 the election allowed to a U.S. corporation to deduct dividends received from a controlled foreign corporation and reduce the amount of such deduction for corporations that fail to maintain specified employment levels for full-time U.S. employees, and (6) repeal the estate and generation-skipping transfer taxes and make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Requires the House Committee on Ways and Means to report legislation to broaden the tax base for the corporate income tax and to transition to a territorial tax system (taxation of domestic income but not income earned overseas). Prohibits a federal agency from taking any significant regulatory action (generally, an action having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy) until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of a significant regulatory action by a person adversely affected or aggrieved by such action. Exempts businesses with 200 or fewer employees from federal regulation. Revises provisions for congressional review of agency rulemaking to require congressional approval of major rules of the executive branch before they may take effect (currently, major rules take effect unless Congress passes and the President signs a joint resolution disapproving them). Provides that if a joint resolution of approval of a major rule is not enacted by the end of 70 session days or legislative days after the agency proposing the rule submits its report on such rule to Congress, the rule shall be deemed not to be approved and shall not take effect. Sets forth House and Senate procedures for joint resolutions approving major rules and disapproving non-major rules. Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). Defines "economic impact" with respect to a proposed or final rule to mean: (1) any direct economic effect of a rule on small entities, and (2) any indirect economic effect on such entities, including potential job creation or job loss. Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to obtain an injunction of a proposed rule that is noncompliant with RFA requirements. Requires each federal agency to establish a plan for the periodic review (every eight years) of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities. Terminates any rule if the issuing agency has failed to complete a required periodic review. Expands to all federal agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities. Extends RFA requirements to informal agency guidance documents. Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each federal agency to review on a periodic basis its policies or programs for imposing regulatory penalties on small entities. Allows a small business concern to elect to be exempt from any rule or regulation issued on or after January 1, 2008. Sets forth a deadline for action on certain permit applications under existing Outer Continental Shelf (OCS) leases. Amends the Gulf of Mexico Energy Security Act of 2006 to repeal the moratorium on oil and gas leasing in certain areas of the Gulf of Mexico. Instructs the Secretary of the Interior (Secretary) to offer for leasing areas made available as a result of such repeal. Instructs the Secretary to: (1) offer specified areas for oil and gas leasing pursuant to certain Lease Sale Schedules, (2) conduct OCS lease sales in specified Planning Areas, (3) share OCS receipts derived from all leases with states and local governments, (4) implement a leasing program for certain land within the Arctic Coastal Plain, and (5) issue rights-of-way and easements across the Coastal Plain for oil and gas transportation. Authorizes the Secretary of the Interior to designate certain Coastal Plain lands, including the Sadlerochit Spring area, as Special Areas requiring special management and regulatory protection. Revokes a specified Secretarial Order relating to protecting wilderness characteristics on lands managed by the Bureau of Land Management (BLM). Amends the Consolidated Appropriations Act, 2008 to repeal the prohibition on the use of funds for either a commercial oil shale leasing program or for oil shale lease sales. Directs the Secretary to offer leases for oil shale resources. Confers exclusive jurisdiction upon the U.S. District Court for the District of Columbia for covered energy projects under this Act. Establishes the Office of the Federal Oil and Gas Permit Coordinator. Instructs the Secretary to establish and maintain, in coordination with the Mayor of the North Slope Borough of Alaska, a separate Alaska Offshore Continental Shelf Coordination Office to coordinate the leasing program. Amends the Clean Air Act to redefine "air pollutant" to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride (greenhouse gases). Declares that nothing in specified statutes addressing pollution control shall be treated as authorizing or requiring the regulation of climate change or global warming. Amends the Energy Independence and Security Act of 2007 to repeal the prohibition against federal procurement of alternative or synthetic fuel. Requires the Administrator of the Environmental Protection Agency (EPA), upon request of the governor of a state or the governing body of an Indian tribe, to enter into a streamlined refinery permitting agreement. Sets forth deadlines for: (1) approval or disapproval of consolidated permits for construction of new or expansion of existing refineries, and (2) submission of existing refinery permit applications. Requires the EPA Administrator to conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel. Directs the Secretary to extend by one year the term of any lease that was: (1) not producing as of April 30, 2010; or (2) suspended from operations, permit processing, or consideration in accordance with the moratorium set forth in a May 30, 2010, Minerals Management Service Notice, or the Secretary's decision memorandum dated July 12, 2010. Directs the President, acting through the Secretary of Energy (DOE), to coordinate with specified federal agencies to ensure an expedited schedule for construction and operation of the Keystone XL pipeline. Expresses the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests; and (2) Canada has long been a strong trading partner, and increased access to its energy resources will create jobs in the United States.
United States · United States Congress · 10 November 2011
Disapproves the Agricultural Marketing Service rule relating to the establishment of a Christmas tree promotion, research, and information program. States that such rule shall have no force or effect.
United States · United States Congress · 4 November 2011
Designates the facility of the United States Postal Service located at 220 Elm Avenue in Munising, Michigan, as the "Elizabeth L. Kinnunen Post Office Building."
United States · United States Congress · 3 November 2011
Truth in Government Accounting Act of 2011 - Requires the head of each federal agency to prepare for a fiscal year and submit to the Comptroller General (GAO) three quarterly and one annual consolidated financial statement based on the fair-value accrual accounting method. Requires such statement to include all future certain liabilities and all contingent liabilities that can be reasonably estimated, all liabilities that may require future taxes for present liabilities, and other expenditures and liabilities. Requires the Comptroller General to publish all such statements on a website accessible by the public that allows a user to search agency accounts and activities by each office, bureau, and activity of an agency. Requires the Comptroller General to audit the consolidated financial statements prepared by each federal agency for each fiscal year. Requires the President's annual budget to include a summary of how the use of accrual accounting procedures would affect the estimated expenditures, appropriations, and receipts of the government in the fiscal year in which the budget is submitted. Requires the Director of the Office of Management and Budget (OMB) to prepare all of the budgets submitted to the President according to both accrual accounting procedures and the cash basis accounting method. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require the Congressional Budget Office (CBO) to use current-year spending as the baseline for estimating future mandatory and discretionary changes in spending.
United States · United States Congress · 2 November 2011
Medicaid Flexibility for States Act - Authorizes a state to limit the application within the state of specified provisions of the Patient Protection and Affordable Care Act (PPACA) that expand the program under title XIX (Medicaid) of the Social Security Act by enacting a law that: (1) expresses the intent of the state to opt out of one or more of the provisions of PPACA, and (2) contains a list of the provisions that will not apply to the state.
United States · United States Congress · 27 October 2011
Diagnostic Imaging Services Access Protection Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services (HHS) from applying a multiple procedure payment reduction policy to the professional component of imaging services furnished: (1) in 2012; or (2) in 2013 or a subsequent year unless the reduction is based on the data, analysis, and conclusions of a study completed by an expert panel of physician members from a national medical speciality society expert in the field of diagnostic imaging services.
United States · United States Congress · 26 October 2011
Government Results Transparency Act - Requires the head of each federal agency to submit to the Recovery Accountability and Transparency Board (RATB) all information concerning the agency's programs, priority goals, and results for publication online by RATB in its original format. Requires RATB to: (1) publish for each fiscal year the amount spent for each program identified by an agency and performance information for such program; (2) designate, by rule, common data elements (i.e., codes, identifiers, and fields) for information required to be reported by agencies; and (3) designate data reporting standards to govern agency reporting requirements.
United States · United States Congress · 26 October 2011
Amends the Motor Carrier Safety Improvement Act of 1999 to revise exemptions from federal maximum driving and on-duty time motor carrier regulations for drivers transporting agricultural commodities and farm supplies during planting and harvest periods. Extends the exemptions to drivers transporting agricultural farm supplies: (1) from a wholesale or retail distribution point of the farm supplies to a farm or other location where such supplies are intended to be used within a 100 air-mile radius from the distribution point, or (2) from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 100 air-mile radius from the wholesale distribution point.
United States · United States Congress · 24 October 2011
Landowner Protection Act of 2011 - Amends the Federal Power Act to prohibit the Federal Energy Regulatory Commission (FERC) from requiring removal or modification of any existing nonconforming structure or encroachment within the project boundary, except one built in bad faith, whenever it issues, denies, approves, or modifies a mandatory shoreline management plan required under a FERC license.
United States · United States Congress · 14 October 2011
Small Company Job Growth and Regulatory Relief Act of 2011 - Amends the Sarbanes-Oxley Act of 2002 to revise the small issuer exemption from the requirement that each registered public accounting firm that prepares or issues the audit report for a securities issuer attest to, and report on, the issuer's management assessment of the effectiveness of its internal control structure and procedures for financial reporting. Specifies that this requirement shall not apply to an issuer that has a total public float for the relevant reporting period of less than $350 million. Prohibits this Act from being construed to relieve or exempt an issuer from the internal control reporting and assessment requirements of the Sarbanes-Oxley Act of 2002, or from its requirement that officers of the issuer certify certain annual and quarterly reports.
United States · United States Congress · 13 October 2011
Welfare Integrity Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to operate a program to conduct random testing of TANF applicants and recipients for illegal drug use. Requires state TANF programs to deny assistance to individuals who test positive for illegal drugs and individuals convicted of drug-related crimes. Prescribes an administrative penalty for failure to implement illegal drug use testing.
United States · United States Congress · 12 October 2011
Farmers Undertake Environmental Land Stewardship Act or the FUELS Act - Requires the Administrator of the Environmental Protection Agency (EPA), in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, to require certification of compliance with such rule by: (1) a professional engineer for a farm with an individual tank with a storage capacity greater than 10,000 gallons, an aggregate storage capacity of at least 42,000 gallons, or a history that includes a spill; or (2) the owner or operator of the farm (via self-certification) for a farm with an aggregate storage capacity greater than 10,000 gallons but less than 42,000 gallons and no history of spills. Exempts from all requirements of such rule any farm with an aggregate storage capacity of at least 10,000 gallons and no history of spills. Excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons from the aggregate storage capacity of a farm.
United States · United States Congress · 12 October 2011
Supports the goals and ideals of National Adoption Day and National Adoption Month. Recognizes that every child in foster care deserves a permanent and loving family.
United States · United States Congress · 6 October 2011
Heartbeat Informed Consent Act - Amends the Public Health Service Act to require abortion providers to perform an obstetric ultrasound on the pregnant woman, display the ultrasound images so that the she may view them, and provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. Requires the ultrasound to be performed before the woman gives informed consent for an abortion. Requires an abortion provider to make the embryonic or fetal heartbeat audible for the pregnant woman to hear prior to the woman giving informed consent to an abortion if the pregnancy is at least eight weeks after fertilization. Exempts an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. Requires a certification in such cases. Subjects an abortion provider who knowingly or recklessly fails to comply with this Act to civil penalties and notification of the appropriate state medical licensing authority. Gives standing to file a civil action for violations of this Act to the Attorney General or a woman upon whom an abortion has been performed in violation of this Act or the parent or legal guardian of such a woman if she is an unemancipated minor.
United States · United States Congress · 6 October 2011
Adjusting Davis-Bacon for Inflation Act - Increases from $2,000 to $50,000 the contract threshold requiring the locally prevailing wage rate to be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works (Davis-Bacon Act).
United States · United States Congress · 5 October 2011
Hardship Outlays to protect Mortgagee Equity Act of 2011 or the HOME Act of 2011 - Amends the Internal Revenue Code to allow taxpayers to withdraw amounts from their tax-exempt pension and retirement plans, without incurring the 10% penalty otherwise imposed on such withdrawals, to make mortgage payments on their principal residences.
United States · United States Congress · 4 October 2011
EDA Elimination Act of 2011 - Terminates the Economic Development Administration (EDA). Repeals the Public Works and Economic Development Act of 1965. Directs the Secretary of Commerce to take such actions as necessary and appropriate to conclude the outstanding affairs of the EDA, including dispositions of personnel, assets, and obligations.
United States · United States Congress · 3 October 2011
Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.