United States · United States Congress · 14 December 2011
Supporting Home Owner Rights Enforcement Act - Amends the Federal Power Act, regarding the issue of licenses for construction of dams, conduits, and reservoirs, to direct the Federal Energy Regulatory Commission (FERC), when deciding whether to issue a license for project works, to give equal consideration to minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees. Requires the licensee, in developing any recreational resource within the project boundary, to consider private landownership as a means to encourage and facilitate private investment, increased tourism, and recreational use.
United States · United States Congress · 12 December 2011
Expresses the firm belief that: (1) disposing any part of the remains of a deceased member of the Armed Forces as medical waste is repugnant, disrespectful, and intolerable; (2) such practice should cease and all military branches should take steps to prevent the recurrence of such repugnant acts, including cessation of any further association with the mortuary in question; and (3) information should be provided promptly, respectfully, and with contrition to any family member of a deceased member of the Armed Forces who inquires after the treatment of remains left in the care of the military or otherwise.
United States · United States Congress · 8 December 2011
School Access to Emergency Epinephrine Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), in awarding grants to states under the children's asthma treatment grants program, to favor states that require their public elementary and secondary schools to: (1) permit authorized personnel to administer epinephrine to any student believed to be having an anaphylactic reaction, and (2) maintain a supply of epinephrine that is prescribed by a licensed physician and is stored in a secure and easily accessible location. (States given this preference are also required by current law to require those schools to authorize students, under certain conditions, to self-administer medication to treat their asthma or anaphylaxis.) Requires such states to also have a Good Samaritan law protecting school employees and agents from liability related to the administration of epinephrine to students believed, in good faith, to be having an anaphylactic reaction.
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 · 1 December 2011
Amends the Railway Labor Act to require the National Mediation Board to apply the same procedures, including voting standards, to the direct decertification of a labor organization as are applied to elections to certify a representative.
United States · United States Congress · 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 · 30 November 2011
Heart Disease Education, Analysis, Research, and Treatment for Women Act or the HEART for Women Act - Directs the Comptroller General to report on whether the presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups complies with Food and Drug Administration (FDA) requirements. Requires the Secretary of Health and Human Services (HHS) to submit a response to such report, including a corrective action plan as needed. Requires the Director of the Office of Women's Health of FDA to report on the compliance of clinical studies of women's health with such FDA requirements, including requirements regarding: (1) the adequacy of representation of females, racial and ethnic minorities, and adults of all ages in approved clinical studies; and (2) the extent to which a summary of product safety and effectiveness data disaggregated by sex, age, and racial subgroup is available to the public. Requires the Director of the Office of Minority Health of FDA to submit a report that includes such information with respect to clinical studies of minority health. Amends the Public Health Service Act to require the Secretary to report on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases and to include recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women. Reauthorizes a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer. Requires the Secretary to study the impact of the Patient Protection and Affordable Care Act on such services and make recommendations for improvement in the provision of preventive health services, referrals, and followup services to women eligible for such services.
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 · 15 November 2011
Achieving a Better Life Experience Act of 2011 or the ABLE Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts to assist an individual with a disability in building an account to pay for qualified disability expenses. Defines "qualified disability expenses" to include expenses for education, a primary residence, transportation, obtaining and maintaining employment, health and wellness, and other personal support expenses. Treats a qualified ABLE program and an ABLE account in the same manner as a qualified tuition program for income tax purposes (i.e., allowing a tax exemption for such program and an exclusion from gross income of amounts attributable to a contributor to or a beneficiary of a program account). Defines "qualified ABLE program" as a program established and maintained by a state agency under which a person may make contributions to an ABLE account established to pay for qualified disability expenses. Requires amounts in ABLE accounts to be disregarded in determining eligibility for Medicaid and other means-tested federal programs. Suspends the payment of supplemental security income benefits under title XVI (Supplemental Security Income) of the Social Security Act to an individual during any period in which such individual has excess resources attributable to an ABLE account.
United States · United States Congress · 14 November 2011
Fallen Heroes of 9/11 Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of congressional gold medals in honor of the men and women who perished as a result of the September 11, 2001, terrorist attacks on the United States to the Flight 93 National Memorial in Pennsylvania, the National September 11 Memorial and Museum in New York, and the Pentagon Memorial at the Pentagon. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medals, with amounts received from the sale to be deposited in the United States Mint Public Enterprise Fund.
United States · United States Congress · 10 November 2011
Jobs Through Growth Act - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax (AMT) for individual taxpayers after 2010, (2) allow an individual taxpayer to elect an alternative income tax system in lieu of existing rates, (3) allow an inflation adjustment to the cost of certain capital assets for purposes of determining gain or loss from the sale or exchange of such assets, (4) reduce the top income tax rate on corporations to 25%, (5) extend through 2012 the election allowed to a U.S. corporation to deduct dividends received from a controlled foreign corporation and reduce the amount of such deduction for corporations that fail to maintain specified employment levels for full-time U.S. employees, and (6) repeal the estate and generation-skipping transfer taxes and make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Requires the House Committee on Ways and Means to report legislation to broaden the tax base for the corporate income tax and to transition to a territorial tax system (taxation of domestic income but not income earned overseas). Prohibits a federal agency from taking any significant regulatory action (generally, an action having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy) until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of a significant regulatory action by a person adversely affected or aggrieved by such action. Exempts businesses with 200 or fewer employees from federal regulation. Revises provisions for congressional review of agency rulemaking to require congressional approval of major rules of the executive branch before they may take effect (currently, major rules take effect unless Congress passes and the President signs a joint resolution disapproving them). Provides that if a joint resolution of approval of a major rule is not enacted by the end of 70 session days or legislative days after the agency proposing the rule submits its report on such rule to Congress, the rule shall be deemed not to be approved and shall not take effect. Sets forth House and Senate procedures for joint resolutions approving major rules and disapproving non-major rules. Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). Defines "economic impact" with respect to a proposed or final rule to mean: (1) any direct economic effect of a rule on small entities, and (2) any indirect economic effect on such entities, including potential job creation or job loss. Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to obtain an injunction of a proposed rule that is noncompliant with RFA requirements. Requires each federal agency to establish a plan for the periodic review (every eight years) of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities. Terminates any rule if the issuing agency has failed to complete a required periodic review. Expands to all federal agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities. Extends RFA requirements to informal agency guidance documents. Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each federal agency to review on a periodic basis its policies or programs for imposing regulatory penalties on small entities. Allows a small business concern to elect to be exempt from any rule or regulation issued on or after January 1, 2008. Sets forth a deadline for action on certain permit applications under existing Outer Continental Shelf (OCS) leases. Amends the Gulf of Mexico Energy Security Act of 2006 to repeal the moratorium on oil and gas leasing in certain areas of the Gulf of Mexico. Instructs the Secretary of the Interior (Secretary) to offer for leasing areas made available as a result of such repeal. Instructs the Secretary to: (1) offer specified areas for oil and gas leasing pursuant to certain Lease Sale Schedules, (2) conduct OCS lease sales in specified Planning Areas, (3) share OCS receipts derived from all leases with states and local governments, (4) implement a leasing program for certain land within the Arctic Coastal Plain, and (5) issue rights-of-way and easements across the Coastal Plain for oil and gas transportation. Authorizes the Secretary of the Interior to designate certain Coastal Plain lands, including the Sadlerochit Spring area, as Special Areas requiring special management and regulatory protection. Revokes a specified Secretarial Order relating to protecting wilderness characteristics on lands managed by the Bureau of Land Management (BLM). Amends the Consolidated Appropriations Act, 2008 to repeal the prohibition on the use of funds for either a commercial oil shale leasing program or for oil shale lease sales. Directs the Secretary to offer leases for oil shale resources. Confers exclusive jurisdiction upon the U.S. District Court for the District of Columbia for covered energy projects under this Act. Establishes the Office of the Federal Oil and Gas Permit Coordinator. Instructs the Secretary to establish and maintain, in coordination with the Mayor of the North Slope Borough of Alaska, a separate Alaska Offshore Continental Shelf Coordination Office to coordinate the leasing program. Amends the Clean Air Act to redefine "air pollutant" to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride (greenhouse gases). Declares that nothing in specified statutes addressing pollution control shall be treated as authorizing or requiring the regulation of climate change or global warming. Amends the Energy Independence and Security Act of 2007 to repeal the prohibition against federal procurement of alternative or synthetic fuel. Requires the Administrator of the Environmental Protection Agency (EPA), upon request of the governor of a state or the governing body of an Indian tribe, to enter into a streamlined refinery permitting agreement. Sets forth deadlines for: (1) approval or disapproval of consolidated permits for construction of new or expansion of existing refineries, and (2) submission of existing refinery permit applications. Requires the EPA Administrator to conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel. Directs the Secretary to extend by one year the term of any lease that was: (1) not producing as of April 30, 2010; or (2) suspended from operations, permit processing, or consideration in accordance with the moratorium set forth in a May 30, 2010, Minerals Management Service Notice, or the Secretary's decision memorandum dated July 12, 2010. Directs the President, acting through the Secretary of Energy (DOE), to coordinate with specified federal agencies to ensure an expedited schedule for construction and operation of the Keystone XL pipeline. Expresses the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests; and (2) Canada has long been a strong trading partner, and increased access to its energy resources will create jobs in the United States.
United States · United States Congress · 4 November 2011
Federal Land Transaction Facilitation Act Reauthorization of 2011 - Amends the Federal Land Transaction Facilitation Act (FLTFA) to reauthorize, until July 25, 2018, the program for the completion of appraisals and satisfaction of other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under the Federal Land Policy and Management Act of 1976. Makes the FLTFA inapplicable to land eligible for sale under specified public land laws.
United States · United States Congress · 4 November 2011
Regional Haze Federalism Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate a federal implementation plan in place of a state implementation plan to remedy any impairment to visibility in designated class I areas (international parks, wilderness areas and memorial parks that exceed 5,000 acres, and national parks that exceed 6,000 acres) only if: (1) such state failed to consider the costs of, the time necessary for, and and the energy and non-air quality environmental impacts of compliance with such plan and the remaining useful life of any existing air pollution source; and (2) compliance with federal implementation plan requirements is not required earlier than five years after the date of promulgation. Requires: (1) the Administrator to revoke an existing federal or state implementation plan for a state regarding visibility or any determination made in 2010 or 2011 of best available retrofit technology for a source upon receipt of a request by such state; and (2) such state to submit to the Administrator a visibility plan or a revised retrofit technology determination within a reasonable period of time. Provides that states have sole discretion, after considering certain economic factors, in determining emission limits, schedules of compliance, and other measures for each applicable implementation plan for a state for any area that is listed as contributing to impairment of visibility. Requires the state, in determining best available retrofit technology (or the Administrator in determining emission limitations that reflect such technology), to consider, in addition to other factors, the economic impacts to the state and the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan. Provides that a state's determination of such technology for any source may be subject to review by the Administrator or an administrative entity or federal or state court only pursuant to a clearly erroneous standard of review.
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
Lifespan Respite Care Reauthorization Act of 2011 - Amends the Public Health Service Act to authorize appropriations to carry out lifespan respite care programs for FY2012-FY2016.
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
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
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
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
Designates the Department of Veterans Affairs (VA) medical center in Spokane, Washington, as the "Mann-Grandstaff Department of Veterans Affairs Medical Center."
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 · 4 October 2011
Fair Wages for Workers with Disabilities Act of 2011 - Directs the Secretary of Labor to discontinue issuing to any new profit or non-profit or governmental entity special wage certificates (which permit individuals with disabilities, including individuals employed in agriculture, to be paid at lower than minimum wages). Prescribes requirements for a three-year phase-out of all certificates. Amends the Fair Labor Standards Act of 1938 to repeal authority and requirements for the issuance of such certificates three years after enactment of this Act. Requires revocation of any certificates remaining at that time.
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
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 · 23 September 2011
Amends the Internal Revenue Code, with respect to personal holding company rules, to repeal certain exceptions to the treatment of consolidated groups of corporations under such rules.
United States · United States Congress · 21 September 2011
Raoul Wallenberg Centennial Celebration Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.
United States · United States Congress · 15 September 2011
Charitable Agricultural Research Act - Amends the Internal Revenue Code to: (1) allow a tax deduction for a charitable contribution to an agricultural research organization directly engaged in the continuous active conduct of agricultural research, and (2) make prohibitions against expenditures to influence legislation applicable to such organizations.
United States · United States Congress · 15 September 2011
Capital Gains Inflation Relief Act of 2011 - Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets (including C corporation common stock and tangible property used in a trade or business) held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets. Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons.
United States · United States Congress · 12 September 2011
Regulation Moratorium and Jobs Preservation Act of 2011 - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Defines as "significant" any regulatory action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act.
United States · United States Congress · 8 September 2011
Abstinence Education Reallocation Act of 2011 - Authorizes the Administrator of the Health Resources and Services Administration (HRSA) to award grants for qualified sexual risk avoidance education to youth and their parents. Requires such education to meet certain criteria, including: (1) being age-appropriate, medically accurate, and evidence-based; (2) having as its sole purpose the teaching of the skills and benefits of sexual abstinence as the optimal sexual health behavior for youth; and (3) teaching the benefits of refraining from nonmarital sexual activity, the advantage of reserving sexual activity for marriage, and the foundational components of a healthy relationship. Gives priority to programs that serve youth ages 12 to 19 and that will promote the protective benefits of parent-child communication regarding healthy sexual decisionmaking.
United States · United States Congress · 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 · 7 September 2011
Employer Free Choice Act - Repeals the final rule on "Notification of Employee Rights under the National Labor Relations Act" published by the National Labor Relation Board (NLRB) in the Federal Register on August 30, 2011. Prohibits the NLRB from promulgating or enforcing any rule that requires employers to post notices informing employees of their rights to bargain collectively under the National Labor Relations Act (NLRA) on or after enactment of this Act. Declares that nothing in this Act shall be construed to prohibit an employer from voluntarily posting such notices.
United States · United States Congress · 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 · 9 August 2011
Revises the membership eligibility requirements of the federal charter for the Blue Star Mothers of America, Inc. Redefines "mother" to mean a woman who filled the role of birth mother. Adds, in addition to adoptive mother and stepmother (as in the current charter), foster-mother, grandmother, or legal guardian of a person who is serving in the Armed Forces or has served in, or has been honorably discharged from it (as in the current charter). Repeals the limitation to service in World War II or the Korean hostilities of the Armed Forces service of the eligible mother's son or daughter. Allows the eligible mother to be a U.S. citizen living outside the United States. (Currently the charter limits membership to eligible mothers living in the United States.)
United States · United States Congress · 29 July 2011
Trisomy 21 Research Resource Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on Down syndrome; (2) award a grant or contract for a registry of individuals with Down syndrome; (3) establish a database including the names, contact information, and each medical condition of individuals with Down syndrome; and (4) expand one or more tissue banks maintained or supported by NIH to identify any tissue harvested from a tissue donor with Down syndrome. Requires consent before including an individual's information in the registry, the database, or the tissue bank. Authorizes the Director of NIH to provide for the participation of NIH agencies in a consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Authorizes the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) award grants and cooperative agreements for the collection, analysis, and reporting of data on Down syndrome; and (2) carry out epidemiological activities regarding Down syndrome.
United States · United States Congress · 29 July 2011
Trisomy 21 Research Centers of Excellence of 2011- Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate. Requires the Director of NIH to award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. Sets forth requirements for such centers, which shall include: (1) contributing to a comprehensive research portfolio for Down syndrome, (2) having a primary focus on Down syndrome, (3) providing an optimal venue and infrastructure for patient-oriented research, and (4) conducting basic, clinical, and translational research on Down syndrome in specified areas. Authorizes the Director of NIH to establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective.
United States · United States Congress · 29 July 2011
Amends the Internal Revenue Code to expand the special rule for the exclusion from gross income of amounts received by an employee from a governmental accident or health plan to include amounts paid from plans established by or on behalf of a state or political subdivision.
United States · United States Congress · 27 July 2011
Brian A. Terry Memorial Act - Designates the United States Border Patrol station located at 2136 South Naco Highway in Bisbee, Arizona, as the "Brian A. Terry Border Patrol Station."
United States · United States Congress · 27 July 2011
340B Program Improvement Act - Amends the Public Health Service Act to make revisions to the 340B drug discount program (a program limiting the cost of covered outpatient drugs to certain federal grantees). Includes drugs used in connection with an inpatient or outpatient service by enrolled hospitals as covered drugs under the program (currently, only outpatient drugs are covered under the program). Requires hospitals enrolled in the 340B program to provide to each state a credit on the estimated annual purchases by such hospitals of covered drugs provided to Medicaid recipients for inpatient use. Sets forth a formula for calculating the credit. Allows a hospital to avoid paying such credits under certain circumstances. Eliminates the requirement that hospitals enrolled in the 340B program report the National Drug Code numbers for drugs administered by a physician if the state is precluded from seeking a rebate on such drugs because they were purchased at a discount under the 340B program. Removes the exclusion that prohibited covered entities added to the 340B program under the Patient Protection and Affordable Care Act from purchasing drugs for a rare disease or condition as covered outpatient drugs. Treats a facility or organization that is eligible for the 340B program as satisfying any geographic location requirements in relation to a hospital or a critical access hospital for purposes of determining provider-based status under Medicare.
United States · United States Congress · 27 July 2011
Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011 or the CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011 - Requires the Director of the National Institutes of Health (NIH) to establish and maintain an undiagnosed diseases patient network. Includes among the purposes of the CAL Network to: (1) provide physicians who are handling cases of undiagnosed diseases with a means to search for similar cases and to network and collaborate with physicians handling similar cases; (2) better enable and examine cross-disease research; (3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; and (4) provide such data necessary to better understand the length of time for a diagnosis to be rendered and to identify barriers to diagnoses and reasons for misdiagnosis of diseases. Authorizes the Secretary of Health and Human Services (HHS) to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for: (1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and (2) the establishment of separate undiagnosed disease programs.
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 · 20 July 2011
National Neurological Diseases Surveillance System Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and (2) incorporate information obtained through such activities into a National Neurological Diseases Surveillance System. Requires the Secretary to ensure that the System is designed in a manner that facilitates further research on neurological diseases. Requires the Secretary to provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States and other information on neurological diseases, such as demographics information, risk factors, or diagnosis and progression markers. Authorizes the Secretary to: (1) provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning the epidemiology, natural history, prevention, detection, management, and treatment of the diseases and the development of outcomes measures; and (2) address issues identified through consultations with individuals with appropriate expertise. Authorizes the Secretary to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act. Requires the Secretary to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers; and (2) ensure that privacy and security protections applicable to the System are at least as stringent as the protections under the Health Insurance Portability and Accountability Act (HIPAA).
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 · 14 July 2011
Silviculture Regulatory Consistency Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from requiring a permit under national pollutant discharge elimination system permitting requirements for a discharge resulting from the conduct of any silvicultural activity, such as nursery operations, site preparation, reforestation, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road use, construction, and maintenance, from which there is runoff. Specifies that nothing in this Act exempts silvicultural activity from permit requirements for the discharge of dredged or fill material into navigable waters.
United States · United States Congress · 14 July 2011
National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015. Directs the Secretary to hold a competition to design the obverse of the coins. Requires the design on the reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations.
United States · United States Congress · 14 July 2011
Directs the Secretary of Veterans Affairs (VA) to enter into a contract or agreement with each state home to pay for nursing home care provided in the home to certain veterans with service-connected disabilities. Requires such payment to be based on a methodology, developed by the Secretary in consultation with the home state, to adequately reimburse the state home for the care provided under such contract or agreement. (Current law requires payment at the lesser of the prevailing rate in the geographic area for non-VA nursing homes or the daily cost of care, both of which are determined by the Secretary.)
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).
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