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 · 25 October 2011
Regulatory Time-Out Act of 2011 - Prohibits covered regulations from being in effect or from taking effect during the period beginning on the enactment of this Act and ending on January 21, 2013 (time-out period). Prohibits publication of any general notice of a proposed rulemaking for what would be a covered regulation, and nullifies a rulemaking that was published but for which the comment period did not expire before enactment of this Act, during such period. Defines a "covered regulation" as a final regulation that did not take effect before September 1, 2011, that increases costs on businesses in a manner that will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy and that is likely to: (1) have an annual effect on the economy of $100 million or more; (2) adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (3) create a serious inconsistency or otherwise interfere with an action by another agency; (4) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or (5) raise novel legal or policy issues. Exempts regulations that are required by law. Allows agency heads to exempt covered regulations that: (1) are necessary due to an imminent threat to human health or safety or any other emergency; (2) are necessary to enforce criminal laws, (3) foster private sector job creation; (4) encourage economic growth; (5) reduce regulatory burdens; (6) pertain to a military or foreign affairs function; or (7) are limited to interpreting, implementing, or administering the Internal Revenue Code.
United States · United States Congress · 14 October 2011
Keeping America Competitive Through Harmonization Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to enter into agreements with listed countries (countries eligible for exports of drugs or biological products that have not been approved under certain circumstances) regarding methods and approaches to harmonizing regulatory requirements for premarket review, inspections, and common international labeling symbols. Requires the Secretary to report on the agreements entered under this Act and to itemize the methods and approaches that have been harmonized pursuant to this Act.
United States · United States Congress · 14 October 2011
Food and Drug Administration Mission Reform Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the mission of the Food and Drug Administration (FDA) to include establishment of a regulatory system that: (1) advances medical innovation by incorporating modern scientific tools, standards, and approaches; (2) protects the public health and enables patients to access novel products while promoting economic growth, innovation, competitiveness, and job creation among the industries regulated by the FFDCA; (3) is based on the best available science; (4) allows for public participation and an open exchange of ideas; (5) promotes predictability, allows flexibility, and reduces uncertainty; (6) identifies and uses the most innovative and least burdensome tools for achieving regulatory ends; (7) ensures that regulations are accessible, consistent, transparent, written in plain language, and easy to understand; (8) measures, and seeks to improve, the actual results of regulatory requirements; and (9) incorporates a patient-focused benefit-risk framework that accounts for varying degrees of risk tolerance.
United States · United States Congress · 14 October 2011
Humanitarian Device Reform Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to repeal provisions that prohibit the sale of a medical device approved under the humanitarian device exemption (available for devices designed to treat or diagnose a disease or condition that affects fewer than 4,000 individuals in the United States) for an amount that exceeds the costs of research and development, fabrication, and distribution of the device. Adds provisions clarifying that the 4,000 individuals that must be affected in the United States under the humanitarian device exemption is 4,000 individuals per year so affected.
United States · United States Congress · 14 October 2011
Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device. Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use. Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision. Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements. Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval. Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval.
United States · United States Congress · 14 October 2011
Patients Come First Act of 2011 - Directs the Secretary of Health and Human Services (HHS): (1) within 90 days after enactment of this Act, to establish the schedule required under the Federal Food, Drug, and Cosmetic Act for the promulgation of regulations requiring premarket approval for medical devices required to remain in class III; and (2) not later than one year after the schedule is established, to issue a final regulation for each such device. Directs the Secretary to: (1) establish a program to assess information relating to device recalls and use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices, (2) clarify procedures for conducting device recall audit checks to improve the ability of investigators to perform those checks in a consistent manner, (3) develop detailed criteria for assessing whether a person performing a device recall has performed an effective correction or action plan for the recall, and (4) document the basis for each Food and Drug Administration (FDA) termination of a device recall.
United States · United States Congress · 14 October 2011
Cultivating Scientific Expertise to Foster Innovation for Patients Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to financial interests of Food and Drug Administration (FDA) advisory committee members to require the Secretary of Health and Human Services (HHS) to ensure that individual appointments to advisory committees are made to promote scientific and technical expertise while at the same time minimizing any potential conflicts of interest. Requires the Secretary to consider, with respect to any financial interest constituting a potential conflict of interest, the type, nature, and magnitude of the financial interest. Declares that no specific factor shall be dispositive in the Secretary's evaluation of a particular financial interest. Repeals the prohibition specifically applicable to FDA that prevents a member of an advisory committee from participating with respect to a particular matter if such individual or an immediate family member of such individual has a financial interest that could be affected by the advice given to the Secretary.
United States · United States Congress · 14 October 2011
FDA Renewing Efficiency From Outside Reviewer Management Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise and extend through October 1, 2017, provisions authorizing accredited persons to provide classification reports for a medical device and to inspect class II device or class III device facilities. Deems a recommendation of an accredited person as to the classification of a medical device to be accepted by the Secretary of Health and Human Services (HHS) if the Secretary fails to make a determination with respect to the recommendation within 30 days. Requires the Secretary to regularly publish: (1) detailed decision summaries for each clearance of a device, classification of a device, approval of an application of a device, or grant of exemption for a device occurring after the enactment of this Act; and (2) total product life cycles information for devices. Expands the devices for which an accredited person may perform a review to include: (1) a class II device for which clinical data is required in the report, and (2) a class II device which is intended to be permanently implantable or life sustaining or supporting only if notification is provided to the Secretary before such a review. Deems the review permissible if the Secretary does not object within 60 days. Requires the Secretary to provide for the initial training and periodic updating of training of accredited persons. Makes accreditation valid for three years. Sets forth provisions regarding reaccreditation. Prohibits an accredited person from being a sole practitioner. Provides that the prohibitions against an accredited person being owned or controlled by a manufacturer, supplier, or vendor of devices or engaging in the design, manufacture, promotion, or sale of devices shall apply only if the devices are of the same type for which the person is accredited.
United States · United States Congress · 14 October 2011
Guidance Accountability and Transparency Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), when issuing guidance documents that set forth initial interpretations of a statute or regulation, set forth changes in interpretation or policy that are of more than a minor nature, include complex scientific issues, or cover highly controversial issues (Level 1 guidance documents), to: (1) publish notice in the Federal Register of the Secretary's intent to prepare such a document at least three months before issuance of a draft, and (2) meet with interested stakeholders and solicit public comment during preparation and before issuance of a draft. Includes within such guidance documents a notice to industry guidance letter, a notice to industry advisory letter, and any similar notice. Sets forth other procedures if the Secretary for good cause finds compliance with such requirements is impracticable, unnecessary, or contrary to the public interest. Requires the Secretary: (1) upon issuing a draft, to designate it as proposed or final; and (2) to issue a final draft within 12 months after issuing a proposed draft. Treats the proposed draft as null and void if the Secretary fails to finalize the draft within such time. Directs the Secretary to conduct a retrospective analysis of a final Level 1 guidance document not less than every five years to ensure it is not outmoded, ineffective, insufficient, or excessively burdensome and to modify or repeal the document accordingly.
United States · United States Congress · 14 October 2011
Novel Device Regulatory Relief Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the process for requesting classification for a type of medical device that has not been previously classified by removing the requirement that a person can only file a request for classification of a new medical device after the Secretary of Health and Human Services (HHS) classifies the device as a class III device in response to the person filing a notice of intent to market the device.
United States · United States Congress · 14 October 2011
Modernizing Laboratory Test Standards for Patients Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a single publicly accessible test registry data bank of laboratory-developed tests and direct-to-consumer DNA tests, which shall include information on the purpose of each test, the claimed use or uses of each test, and information regarding the analytical validity of each test. Requires notification to the Secretary: (1) before marketing such a test, (2) after any significant modification of such a test, or (3) if the evidence of clinical validity is inadequate to support one or more of the claimed uses. Requires the Secretary, within 90 days of receiving such notification, to determine whether the notification demonstrates clinical validity. Deems the Secretary to have authorized marketing of the test if no response is received within 90 days. Gives the Secretary authority to order a laboratory or test-offering entity to cease offering or marketing a test if the information submitted in notifications does not demonstrate the clinical validity of the claimed uses and the test poses a risk of immediate harm to the public health. Sets forth requirements for: (1) registration of a test-offering entity, (2) information that must be included in disseminated materials and advertising, (3) notice to the Secretary if a test may have caused or contributed to a death or serious bodily injury, and (4) sanctions for violations of this Act. Requires the Secretary to administer this section solely through the Centers for Medicare and Medicaid Services (CMS).
United States · United States Congress · 13 October 2011
March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.
United States · United States Congress · 13 October 2011
Provides that: (1) the final rule published by the Environmental Protection Agency (EPA) on March 3, 2010, entitled "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines" and any subsequent regulation that is substantially the same shall have no force or effect with respect to existing stationary compression ignition reciprocating internal combustion engines operated for generating electricity or operating a water pump by a state or local government, a public or cooperative utility, or persons or entities engaged in the production of agricultural commodities, including livestock; and (2) the final rule of the same title published by EPA on August 20, 2010, the direct final action published by the EPA on March 9, 2011, entitled "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines," and any subsequent regulation that is substantially the same shall have no force or effect with respect to existing stationary spark ignition reciprocating internal combustion engines operated for such purposes by such entities.
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
Enemy Expatriation Act - Amends the Immigration and Nationality Act to include engaging in or purposefully and materially supporting hostilities against the United States to the list of acts for which U.S. nationals would lose their nationality. Defines "hostilities" as any conflict subject to the laws of war.
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 · 3 October 2011
Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.
United States · United States Congress · 26 September 2011
Regulatory Sunset and Review Act of 2011 - Requires federal agencies to review their covered rules and modify, consolidate, or terminate such rules on a periodic basis. Defines "covered rule" to include a significant rule that is likely to result in an annual effect on the economy of $100 million or more or any other rule designated by an agency for sunset review. Allows a person adversely affected by a rule that is not a significant rule to submit a petition for sunset review of such rule. Provides for sunset review of a rule upon the request of a congressional committee or a majority of the members of such committee. Requires the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) to: (1) conduct an inventory of existing rules and deadlines for their sunset review; (2) prioritize rules for sunset review based on specified criteria, including the cost of the rule and the burden of reviewing it; (3) group related rules for simultaneous review; (4) provide guidance to agencies for conducting sunset reviews; and (5) provide feedback to agencies on sunset reviews and results. Requires a new significant rule to be reviewed: (1) within three years after taking effect, or (2) within seven years after taking effect if the rule is issued pursuant to negotiated rulemaking procedures or if compliance with the rule requires substantial capital investment. Requires each federal agency to designate a Regulatory Review Officer with responsibility for implementation of this Act. Provides for judicial review of a denial or delay in granting or denying a petition for sunset review of a rule.
United States · United States Congress · 26 September 2011
Accelerating the End of Breast Cancer Act of 2011 - Directs the President to establish the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to: (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress. Terminates the Commission on June 1, 2020.
United States · United States Congress · 23 September 2011
Target Practice and Marksmanship Training Support Act - Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years. Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. Urges the Chief of the Forest Service and the Director of the Bureau of Land Management (BLM) to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training.
United States · United States Congress · 23 September 2011
Creating Hope Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the priority review voucher program for tropical diseases to: (1) include rare pediatric diseases; (2) allow unlimited transfers of vouchers under the program; and (3) require a sponsor intending to use a voucher to notify the Secretary of Health and Human Services (HHS) at least 90 days (currently, 365 days) before submission of the application. Revises provisions regarding the priority review user fee, including to make it payable upon notification of the Secretary of intent to use the voucher. Authorizes the Secretary, upon request of the manufacturer or sponsor of a new drug, to designate that a new drug is: (1) for a rare pediatric disease, and (2) an eligible treatment. Requires the Secretary to deem a rare pediatric disease product application to be incomplete if it does not contain a description of the sponsor's plan to market the product in the United States. Authorizes the Secretary to refuse to issue a priority review voucher upon the approval of a rare pediatric disease application if the Secretary finds that the sponsor lacks a good faith intention to market the product in the United States. Directs the Secretary to issue a guidance document setting forth the evidentiary support necessary to demonstrate such a good faith intention. Requires sponsors of applications under the priority review voucher program to report to the Secretary within five years after the approval of the application on the demand and distribution of the product within the United States.
United States · United States Congress · 21 September 2011
Raoul Wallenberg Centennial Celebration Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.
United States · United States Congress · 21 September 2011
Veteran's I.D. Card Act - Directs the Secretary of Veterans Affairs (VA) to issue a veteran's identification card to any veteran who requests such card and is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display their name and photograph, and (2) serve as proof that the veteran honorably served in the Armed Forces and has a DD-214 form or other official document in their personnel file that describes their military service. Directs the Secretary to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits.
United States · United States Congress · 20 September 2011
Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices. Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations. Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules that affect the substantive rights of a person, employer, employee, or labor organization. Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them. Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved party to bring a civil action for relief (including injunctions) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice.
United States · United States Congress · 15 September 2011
Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.
United States · United States Congress · 15 September 2011
Patients First Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), provided that such techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act. Requires the Secretary to issue guidelines implementing this Act to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients. Requires the Secretary to report on peer reviewed stem cell research proposals that were not funded.
United States · United States Congress · 14 September 2011
Medicare Common Access Card Act of 2011 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act in order to utilize smart card technology for Medicare beneficiary and provider identification cards.
United States · United States Congress · 12 September 2011
Regulation Moratorium and Jobs Preservation Act of 2011 - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Defines as "significant" any regulatory action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act.
United States · United States Congress · 7 September 2011
Fallen Heroes of 9/11 Act - Authorizes the President to award a Fallen Heroes of 9/11 Congressional Medal to: (1) the Flight 93 National Memorial in Pennsylvania, (2) the National September 11 Memorial and Museum in New York, and (3) the Pentagon Memorial. Instructs the Secretary of the Treasury to strike three designs of such gold medal to honor, respectively: (1) those who lost their lives in the the attack at the World Trade Center, (2) the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania, and (3) those who lost their lives at the Pentagon. Authorizes the Secretary to strike and sell bronze duplicates of such medals and to distribute any funds from such sales exceeding costs equally between the three memorial sites.
United States · United States Congress · 2 September 2011
Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials, in cooperation with the respective state and fish and wildlife agency, to exercise their authority under existing law, including regarding land use planning, to facilitate the use of, and access to, federal public lands and waters for fishing, sport hunting, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, be open to recreational fishing, hunting, and shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such lands for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows federal agencies to: (1) lease their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Requires annual reports on closures of federal public lands to recreational fishing, sport hunting, or shooting. Sets forth requirements for specified closures or significant restrictions involving 640 or more contiguous acres of federal public lands or waters to fishing or hunting or related activities. Instructs federal agencies to consult with respective advisory councils as specified in Executive Orders 12962 and 13443 in fulfilling the duties described in this Act.
United States · United States Congress · 30 August 2011
United Nations Transparency, Accountability, and Reform Act of 2011 - Directs the President to use U.S. influence at the United Nations (U.N.) on a wide variety of issues, including to shift the funding mechanism for the regular budget of the U.N. from an assessed to a voluntary basis. Withholds up to 50% of nonvoluntary U.S. contributions to the regular budget of the U.N. unless the Secretary of State certifies to Congress that 80% of the total regular budget of the U.N. is apportioned on a voluntary basis. Requires the annual congressional budget justification to include a detailed itemized request in support of the U.S. contribution of the regular budget of the U.N. Sets forth requirements for the Comptroller General with respect to audits and investigations of U.S. contributions to the U.N. and such contributions' use by U.N. entities. Prohibits the obligation or expenditure of a U.S. contribution to any U.N. entity unless the entity has provided the Comptroller General with a transparency certification and is in compliance with such certification. Prohibits making funds available: (1) to international organizations for any purpose other than an assessed U.S. contribution to a U.N. entity or other international organization; (2) to international organizations and programs for any purpose other than a voluntary U.S. contribution to a U.N. entity or other international organization; and (3) for international peacekeeping activities for any purpose other than a U.S. contribution to U.N. peacekeeping activities, to the International Criminal Tribunal for the former Yugoslavia (ICTY), or to the International Criminal Tribunal for Rwanda (ICTR). Directs the Secretary to withhold from the regular budget of the U.N. an amount equal to the amount of U.S. overpayments to the U.N. States that is U.S. policy to oppose any proposals on expansion of the Security Council that would: (1) diminish U.S. influence on the Security Council, or (2) include veto rights for new Security Council members. Directs the Secretary to withhold U.S. contributions from any U.N. entity that recognizes a Palestinian state or upgrades the status of the Palestinian observer mission at the U.N., the Palestine Liberation Organization (PLO), the Palestinian Authority (PA), or any other Palestinian administrative organization or governing entity prior to the achievement of a final peace agreement with Israel. Provides that until the Secretary makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Directs the Secretary to withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for: (1) the U.N. Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967; and (2) any other U.N. Special Procedures used to display bias against the United States or Israel or to provide support for any member state which is subject to Security Council sanctions, under a Security Council-mandated human rights investigation, has repeatedly supported acts of international terrorism, or is a country of particular concern for religious freedom. States that it is U.S. policy to oppose any legitimization of the Goldstone Report and to lead a diplomatic campaign supporting its revocation. Prohibits funds from being used for U.S. participation in the Durban III meeting or any part of the Durban process. Withholds U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary makes specified certifications to Congress. Prohibits any U.S. contribution to the International Atomic Energy Agency (IAEA) from being used to support Technical Cooperation program assistance to any country, including North Korea, that: (1) has repeatedly supported acts of international terrorism; or (2) is in breach of, or under investigation for breach of, obligations regarding its safeguards agreement with the IAEA, the Nuclear Non-Proliferation Treaty, or any relevant Security Council resolution. Directs the Secretary to withhold from the U.S. voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in 2007-2008 on Technical Cooperation program assistance to such countries. Sets forth U.S. policy regarding reform of U.N. peacekeeping operations. Directs the President to use U.S. influence at the U.N. to oppose the creation of new, or expansion of existing, U.N. peacekeeping operations until the Secretary certifies to Congress that specified peacekeeping reforms have been adopted by the U.N. Department of Peacekeeping Operations or the General Assembly.
United States · United States Congress · 26 August 2011
Amends the Securities Exchange Act of 1934, as amended by Dodd-Frank Wall Street Reform and Consumer Protection Act, with respect to the regulation and registration of municipal advisors. Limits the term "municipal advisor" to such advisors formally engaged, in writing and for compensation, by a municipal entity. (Current law pertains to persons who provide advice to or on behalf of a municipal entity or obligated person.) Adds to the list of entities excluded from such registration and related requirements: (1) brokers, dealers, or municipal securities dealers (currently, only those serving as underwriters); (2) investment advisers registered with a state (currently, only advisers registered under the Investment Advisers Act of 1940); (3) swap dealers, major swap participants, futures commission merchants or introducing brokers registered under the Commodity Exchange Act (currently, only commodity trading advisors registered under that Act); (4) security-based swap dealers or major security-based swap participants registered under the Securities Exchange Act of 1934 who are providing advice related to, engaging in, or arranging any security-based swap; (5) persons associated with such newly added entities; (6) any financial institution or person associated with a financial institution; and (7) any elected or appointed member of a governing body of a municipal entity, with respect to such member's role on the governing body. Excludes certain activities related to investment strategies from such requirements. Revises the definition of "solicitation of a municipal entity" to specify that communications on behalf of a fund or other collective investment vehicle shall not be deemed to be on behalf of any investment adviser that advises or manages such fund or investment vehicle. Eliminates fiduciary duty standards for municipal advisors under the Securities Exchange Act of 1934 (thereby eliminating federal standards while existing state and local fiduciary duties would remain). Directs the Municipal Securities Rulemaking Board to: (1) limit the duties of municipal advisors in relation to municipal entities to the activities specified in this Act, (2) specify when such duties begin and terminate, and (3) not prohibit principal transactions by municipal advisors.
United States · United States Congress · 1 August 2011
Individual Recovery Assistance Act of 2011 - Amends the Internal Revenue Code to: (1) suspend for a one-year period the penalty on premature distributions from tax-exempt pension plans for mortgage payments or as unemployment compensation, and (2) increase from 70-1/2 to 75 the age at which taxpayers must begin taking taxable distributions from their pension plans.
United States · United States Congress · 29 July 2011
Billfish Conservation Act of 2011 - Prohibits any person from offering billfish or billfish products for sale, selling them, or having custody, control, or possession of them for purposes of offering them for sale or selling them. Treats a violation of this Act as an act prohibited by the Magnuson-Stevens Fishery Conservation and Management Act. Subjects a person to a maximum civil penalty of $100,000 for each violation, with each day of a continuing violation constituting a separate offense. Exempts the state of Hawaii and the Pacific Insular Area, except that billfish may be sold under such exemption only in Hawaii and the Pacific Insular Area. Defines "billfish" as any of the following: (1) blue marlin, (2) striped marlin, (3) black marlin, (4) sailfish, (5) shortbill spearfish, (6) white marlin, (7) roundscale spearfish, (8) Mediterranean spearfish, or (9) longbill spearfish. Excludes swordfish from such definition.
United States · United States Congress · 28 July 2011
Cement Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, and (2) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and Identification of Non-Hazardous Secondary Materials that are Solid Waste, insofar as such rules are applicable to the Portland cement manufacturing industry and Portland cement plants. Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months or such later date as may be determined by the Administrator regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such industry and plants, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act or the Clean Air Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category; and (2) impose the least burdensome regulatory alternative for each regulation promulgated.
United States · United States Congress · 27 July 2011
Preserving Access to Orphan Drugs Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to exclude any drug or biological product which is approved or licensed by the Food and Drug Administration (FDA) for marketing solely for one or more rare diseases or conditions from the annual fee on manufacturers or importers with branded prescription drug sales exceeding $5 million. Makes this Act effective as if included in PPACA.
United States · United States Congress · 20 July 2011
National Pediatric Acquired Brain Injury Plan Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to make a payment for each fiscal year from FY2012-FY2018 to the State Lead Center in each state for implementation of the National Acquired Brain Injury Plan, as developed by the International Advisory Board of the Sarah Jane Brain Foundation.
United States · United States Congress · 18 July 2011
Social Security Check Guarantee Act of 2011 - Declares that the public debt limitation shall not be construed to preclude or limit timely payment in full of Social Security benefits.
United States · United States Congress · 15 July 2011
Cut, Cap, and Balance Act of 2011 - Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that would cause the discretionary spending limits established in this Act to be exceeded. Establishes the discretionary spending limits for FY2012 as $1,019,402,000,000 in new budget authority and $1,224,568,000,000 in outlays. Authorizes the Chairman of the Senate Committee on the Budget to adjust such limits, budgetary aggregates in the most recently adopted concurrent budget resolution, and CBA committee allocations if a bill or joint resolution is reported making appropriations for FY2012 that provides funding for the global war on terrorism. Makes it out of order in both chambers to consider any legislation that includes any provision that would cause total direct spending to exceed the spending limit specified in this Act. Exempts from such spending limits: (1) Social Security, function 650; (2) Medicare, function 570; (3) Veterans Benefits and Services, function 700; and (4) Net Interest, function 900. Makes $680.73 billion the limit on total combined outlays for all non-exempt direct spending for FY2012. Amends the CBA to prescribe requirements for implementing sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to enforce the discretionary and direct spending caps in this Act. Exempts from any sequestration orders: (1) payments for military personnel accounts (within subfunctional category 051), (2) TRICARE for Life, (3) Medicare (functional category 570), (4) military retirement, (5) Social Security (functional category 650), (6) veterans (functional category 700), (7) net interest (functional category 900), and (8) discretionary appropriations. Makes it out of order in both chambers to consider legislation which waives, modifies, or in any way alters a sequestration order unless the chair of the House or Senate Committee on the Budget certifies that the measure achieves the same levels of reductions in new budget authority and outlays for the applicable year in such order. Amends the CBA to prescribe requirements for enforcing GDP outlay limits. Requires: (1) the Office of Management and Budget (OMB) to establish in the President's budget the GDP outlay limit for the budget year, and (2) total federal outlays to include all on-budget and off-budget outlays. Amends the CBA to make it out of order in both chambers to consider any legislation that would cause the most recently reported current GDP outlay limits set forth in this Act to be exceeded. Prohibits the Secretary of the Treasury from exercising additional borrowing authority until the date that the Archivist of the United States transmits to the states for their ratification H.J. Res. 1 (as reported on June 23, 2011), S.J. Res. 10 (as introduced on March 31, 2011), or H.J. Res. 56 (as introduced on April 7, 2011), a balanced budget amendment to the Constitution, or a similar amendment if it requires that total outlays not exceed total receipts, contains a spending limitation as a percentage of GDP, and requires that tax increases be approved by a two-thirds vote in both chambers. Increases the public debt from $14.294 trillion to $16.7 trillion on the date such legislation is transmitted to the states.
United States · United States Congress · 15 July 2011
Free File Program Act of 2011 - Authorizes and directs the Secretary of the Treasury to continue to implement and operate the Internal Revenue Service (IRS) Free File program (free online individual income tax preparation and electronic filing services provided by the private sector technology industry to lower income taxpayers).
United States · United States Congress · 14 July 2011
National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015. Directs the Secretary to hold a competition to design the obverse of the coins. Requires the design on the reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations.
United States · United States Congress · 14 July 2011
Restoring Access to Medication Act - Repeals provisions of the Patient Protection and Affordable Care Act that limited payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin. Rescinds appropriated but unobligated discretionary funds determined by the Director of the Office of Management and Budget (OMB) to be equal to the reduction in tax revenues resulting from the repeal in this Act. Requires the Director to report to the Secretary of the Treasury and Congress the accounts and amounts identified for rescission. Exempts unobligated funds of the Department of Veterans Affairs (VA) or the Social Security Administration (SSA).
United States · United States Congress · 14 July 2011
Taxpayer Freedom to File Protection Act of 2011 - Prohibits the Secretary of the Treasury from developing or implementing a return-free tax system. Repeals provisions of the Internal Revenue Service Restructuring and Reform Act of 1998 directing the Secretary to develop a return-free tax system.
United States · United States Congress · 12 July 2011
Hinder the Administration's Legalization Temptation Act or the HALT Act - Suspends until January 21, 2013, authority under the Immigration and Nationality Act for: (1) waiver of inadmissibility of aliens unlawfully present in the United States; (2) cancellation of removal and adjustment of status for certain non-permanent residents; (3) temporary parole into the United States, except for parole entries for humanitarian, law enforcement, or security purposes; and (4) designation of a country for temporary protected status. Revises, until January 21, 2013, the definition of "unauthorized alien" (for purposes of the unauthorized employment of aliens) to eliminate the exclusion from such definition of an alien authorized to work by the Attorney General (DOJ). Prohibits the Secretary of Homeland Security (DHS) from granting deferred action or extended voluntary departure to any alien until January 21, 2013, except for humanitarian, law enforcement, or security purposes. Suspends specified regulations concerning employment of aliens until January 21, 2013. Revokes, as of the date of enactment of this Act, any immigration benefit granted during the period beginning on July 12, 2011, and ending on the date of enactment of this Act under any authority suspended by this Act with respect to: (1) parole authority, (2) the definition of an unauthorized alien, (3) deferred action or extended voluntary departure, or (4) such specified regulations.
United States · United States Congress · 12 July 2011
Equal Access and Parity for Multi-Campus Hospitals Act - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to payments to hospitals for inpatient hospital services, to prescribe a special rule for applying Medicare electronic health record (EHR) incentive payments, at the election of a qualified main hospital, to its remote inpatient locations. Prohibits administrative or judicial review of: (1) the methodology and standards for determining a remote inpatient location, a qualified remote inpatient location, a component facility, a qualified component facility, a main provider, and a qualified main provider, and which such locations, facilities, and providers are qualified; and (2) the methodology and standards for the election in connection with such special rule. Amends SSA title XIX (Medicaid) to set forth a special rule for applying Medicaid EHR incentive payments, at the election of a qualified main hospital, to its remote locations.
United States · United States Congress · 8 July 2011
Amends the federal criminal code to permit a video tape service provider to obtain a consumer's consent, which is required to disclose personally identifiable information concerning the consumer: (1) through the Internet, and (2) in advance for a set period or until such consent is withdrawn.
![Official portrait of Rep. Latta, Robert E. [R-OH-5]](https://www.congress.gov/img/member/6984c938b1dfe04d989a1e21_200.jpg)