United States · United States Congress · 4 May 2011
Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 - Requires the President to establish the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States to analyze and report on the cumulative and incremental impacts of covered rules and actions of the Environmental Protection Agency (EPA) concerning air, waste, water, and climate change for each of calendar years 2016, 2020, and 2030. Requires such analysis to include: (1) estimates of the impacts of covered rules promulgated as final regulations on or before January 1, 2012, in combination with covered actions on U.S. economic competitiveness, electricity prices, fuel prices, employment, and the reliability and adequacy of bulk power supply in the United States; and (2) a discussion and assessment of the cumulative impact on consumers, small businesses, regional economies, state, local, and tribal governments, local and industry-specific labor markets, and agriculture. Includes among "covered rules" specified national standards for air quality, hazardous and solid waste, and water pollutants and other rules promulgated under specified provisions of the Clean Air Act on or after January 1, 2009. Defines "covered action" as any action on or after such date by the EPA, a state, a local government, or a permitting agency as a result of the application of specified Clean Air Act (CAA) provisions with respect to an air pollutant that is identified as a greenhouse gas.
United States · United States Congress · 4 May 2011
Job Creation and Energy Security Act of 2011 - Amends the Internal Revenue Code to exempt sales of natural gas, or any product derived from natural gas, for use in motor vehicles from the $5 million retail sales limitation applicable to independent producers of petroleum products for purposes of the oil and gas depreciation allowance.
United States · United States Congress · 3 May 2011
Annual National Classified School Employee of the Year Award Act - Directs the Secretary of Education to award National Classified School Employee of the Year Awards to classified public school employees within certain occupational specialties who provide exemplary service to students in pre-kindergarten through higher education. Requires the Secretary to choose an awardee each year, out of nominations received from each state, from one of the following occupational specialties: (1) paraprofessional services, (2) clerical and administrative services, (3) transportation services, (4) food and nutrition services, (5) custodial and maintenance services, (6) security services, (7) health and student services, (8) technical services, and (9) skilled trades.
United States · United States Congress · 3 May 2011
Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating (as well as with a participating) physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service; and (2) submit (in lieu of the physician or practitioner) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.
United States · United States Congress · 3 May 2011
State Flexibility Act - Amends the Patient Protection and Affordable Care Act (PPACA) and the American Recovery and Reinvestment Act of 2009 (ARRA) to repeal certain state Medicaid and State Children's Health Insurance Program (CHIP) maintenance of effort requirements under titles XIX and XXI of the Social Security Act. (Under "maintenance of efforts" a state is prohibited from having eligibility standards, methodologies, or procedures under its state Medicaid or CHIP plan that are more restrictive than those in effect on on July 1, 2008, under ARRA or on March 23, 2010, under PPACA.)
United States · United States Congress · 15 April 2011
Amends the Tariff Act of 1930 to increase from $200 to $1,000 the aggregate retail value of articles that may be imported duty-free into the United States by one person on one day. Changes from a maximum of $2,500 to a minimum of $2,500 the threshold aggregate value of a shipment of merchandise for the declaration and entry of which the Secretary of the Treasury is authorized to prescribe rules and regulations.
United States · United States Congress · 15 April 2011
Consumer Rental Purchase Agreement Act - Amends the Consumer Credit Protection Act to prescribe consumer protection guidelines for rental-purchase transactions, including: (1) the determination of rental-purchase cost; (2) disclosure requirements; (3) prohibitions against confessions of judgment, wage assignments, and waiver of consumer claims or defenses; (4) furnishing of statements of account; (5) point-of-rental disclosures; and (6) rental-purchase advertising disclosures. Declares that an action for civil liability may be brought against a merchant's assignee only if the violation is apparent on the face of a rental-purchase agreement to which it relates, including, but not limited to, a disclosure that can be determined to be incomplete or inaccurate from the face of the agreement. Authorizes the Board of Governors of the Federal Reserve System to promulgate implementing regulations. Grants enforcement powers to the Federal Trade Commission (FTC) and to state attorneys general. Subjects to criminal penalties any willful and knowing violation of the information disclosure requirements of this Act.
United States · United States Congress · 15 April 2011
Farm Dust Regulation Prevention Act of 2011 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing, finalizing, implementing, or enforcing any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under the Clean Air Act (CAA) for one year. Exempts nuisance dust from the CAA and excludes nuisance dust from references in such Act to particulate matter, except with respect to geographic areas where such dust is not regulated under state, tribal, or local law if the Administrator finds that: (1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; and (2) the benefits of applying CAA standards and other requirements to such dust outweigh the costs. Defines "nuisance dust" as particulate matter: (1) generated from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; or (2) consisting primarily of soil, other natural or biological materials, windblown dust, or some combination thereof.
United States · United States Congress · 15 April 2011
Wilderness and Roadless Area Release Act of 2011 - Releases public lands administered by the Bureau of Land Management (BLM) pursuant to the Federal Land Policy and Management Act of 1976 that have not been designated as wilderness and identified by BLM as not suitable for designation as wilderness from further study for wilderness designation. Makes such lands no longer subject to the Act's requirement pertaining to the management of wilderness study areas in a manner that does not impair suitability for preservation as wilderness. Releases inventoried roadless areas within the National Forest System that have not been designated as wilderness and were not recommended for designation as wilderness as a result of the second roadless area review and evaluation program (RARE II) or the subsequent revision of a land resource management plan, from further study for wilderness designation. Makes such System lands no longer subject to management to maintain roadless character and values and to comply with other land-use restrictions of the Roadless Area Conservation Rule, as amended by the Roadless Area Conservation Final Rule (2001) and the State Petitions for Inventoried Roadless Area Management Final Rule (2005).
United States · United States Congress · 15 April 2011
Medicare Beneficiary Preservation of Choice Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, to repeal the allowance for disenrollment, between January 1 and March 15 of each year, only from an MedicareAdvantage plan to elect enrollment in the original Medicare fee-for-service program. Restores the option under previous law to elect to change from a MedicareAdvantage to the original Medicare fee-for-service plan, or from the original Medicare fee-for-service to a MedicareAdvantage plan, once a year during the first three months.
United States · United States Congress · 15 April 2011
Family Cord Blood Banking Act of 2011 - Amends the Internal Revenue Code to treat the cost of private umbilical cord blood banking services as a medical care expense for purposes of the tax deduction for medical expenses.
United States · United States Congress · 15 April 2011
Dave Thomas Adoption Act of 2011 - Amends the Internal Revenue Code to allow penalty-free withdrawals from individual retirement plans if used to pay adoption expenses, including an enhanced allowance for expenses related to the adoption of a special needs child.
United States · United States Congress · 15 April 2011
Honors the Air Force Mortuary Affairs Operations at Dover Air Force Base, Delaware, for its service in providing dignified transfer of our nation's fallen heroes to their families and loved ones. Encourages the people of the United States to remember the actions of the dedicated military and civilian personnel who conduct such operations. Calls upon the people of the United States to remember the fallen heroes who have given their lives for freedom in Iraq, Afghanistan, and all previous conflicts. Calls upon Members of Congress to attend a dignified transfer at Dover Air Force Base to honor the nation's fallen heroes.
United States · United States Congress · 14 April 2011
Hunting, Fishing, and Recreational Shooting Protection Act - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.
United States · United States Congress · 13 April 2011
National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from taking action on public lands which impede the border security activities of the Secretary of Homeland Security (DHS) (Secretary). States that the Secretary shall have immediate access to any public land managed by the federal government in order to conduct activities that assist in securing the border (including access to maintain and construct roads, construct a fence, use patrol vehicles, and set up monitoring equipment). States that a specified waiver by the Secretary of certain laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all sections of the international land and maritime borders of the United States within 100 miles of such borders with respect to the Secretary's activities under this Act.
United States · United States Congress · 13 April 2011
Defense Sexual Trauma Response Oversight and Good Governance Act (Defense STRONG Act) - Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to require the Director of the Sexual Assault Prevention and Response Office to be appointed from general or flag officers or Department of Defense (DOD) employees in a comparable Senior Executive Service position. Requires the assignment within each military brigade or equivalent unit level of at least one full-time Sexual Assault Response Coordinator and one full-time Sexual Assault Victim Advocate, allowing the Secretary of the military department concerned to assign additional coordinators and/or advocates based on the demographics or needs of the unit. Allows only members of the Armed Forces (members) or DOD civilian personnel to be assigned as coordinators or advocates as of October 1, 2013. Directs the Secretary of Defense to establish a professional training and certification program for such coordinators and advocates. Entitles any member, or dependent of a member, who is the victim of a sexual assault to legal assistance provided by a military legal assistance counsel and coordinator and advocate services, regardless of whether the member elects unrestricted or restricted (confidential) reporting of the assault. Makes privileged any communications between a member or dependent and a coordinator, advocate, legal counsel, or person staffing a helpline. Directs the Secretary to establish a system for tracking and maintaining for at least 100 years any medical, investigative, and other records prepared or obtained by DOD in connection with a sexual assault involving a member or dependent. Requires permanent access to such records by the victim. Requires the transfer from the Secretary to the Secretary of Veterans Affairs (VA) of certain medical records in anticipation of a member's discharge, release, retirement, or medical treatment. Provides for the expedited consideration of, and priority for, an application by victims of sexual assault for a permanent change of station or unit transfer based on humanitarian conditions. Requires each military department Secretary to develop a curriculum to provide sexual assault prevention and response training and education for members and civilian employees of that department. Directs the Secretary to: (1) provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education, and (2) require managers of specialty skills associated with first responders to integrate sexual assault response training in initial and recurring first responder training courses.
United States · United States Congress · 12 April 2011
Catastrophic Wildfire Community Protection Act - Directs the Secretaries of Agriculture (USDA) and the Interior to carry out eligible projects on National Forest System lands and public lands, respectively, which are within or adjacent to at-risk communities or watersheds if the project is consistent with the applicable community wildfire protection plan. Requires eligible projects on such lands to be carried out in a cost-effective manner that focuses on surface, ladder, and canopy fuels reduction activities or implements forest restoration activities in response to extreme weather events or natural disasters. Requires the Secretaries to prepare an environmental assessment or an environmental impact statement pursuant to the National Environmental Policy Act of 1969 for each proposed eligible project and evaluate and consider an alternative recommendation if a project is or may be inconsistent with its community wildfire protection plan. Requires administrative and judicial review of eligible projects in accordance with the Healthy Forests Restoration Act of 2003.
United States · United States Congress · 7 April 2011
Physical Therapist Student Loan Repayment Eligibility Act of 2011 - Amends the Public Health Service Act to include physical therapy within the definition of "primary health services" for purposes of the National Health Service Corps. Makes physical therapists eligible for repayment of their educational loans in order to ensure an adequate supply of physical therapists.
United States · United States Congress · 7 April 2011
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess of outlays over receipts. Prohibits total outlays for any fiscal year from exceeding 18% of the gross domestic product (GDP) for the preceding calendar year unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess over such 18%. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill from becoming law that imposes a new tax or increases the statutory rate of any tax or the aggregate amount of revenue, unless approved by a two-thirds roll call vote of each chamber. Requires a three-fifths roll call vote of each chamber to increase the federal debt limit. Authorizes waivers of these requirements: (1) when a declaration of war is in effect against a nation-state and Congress, by a majority roll call vote of each chamber, authorizes a specific excess; or (2) under other specified circumstances involving military conflict, if Congress, by a three-fifths roll call vote of each chamber, authorizes such waiver. Prohibits a federal or state court from ordering any increase in revenue to enforce this article.
United States · United States Congress · 6 April 2011
Recycling Coal Combustion Residuals Accessibility Act of 2011 or the RCCRA Act of 2011 - Amends the Solid Waste Disposal Act to exempt fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels from regulation as hazardous waste under such Act.
United States · United States Congress · 6 April 2011
Rare Earths Supply Chain Technology and Resources Transformation Act of 2011 or RESTART Act - Expresses the sense of Congress that the United States should take necessary action to ensure the reintroduction of a competitive domestic and ally nation rare earth supply chain, including reintroduction of mining, refining/processing, alloying and manufacturing operations using domestic and ally nation suppliers to provide a secure source of rare earth materials as a vital component of national security and economic policy. Requires each federal agency to expedite permitting and projects for the exploration and development of domestic rare earths. Establishes within the Department of the Interior the Rare Earth Policy Task Force to monitor and assist federal agencies in expediting review and approval of permits to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earth elements. Directs each of the Secretaries of Commerce, of Defense (DOD), of Energy (DOE), of the Interior, and the Secretary of State to appoint an Executive Agent, at the Assistant Secretary level, to serve as representative on an interagency working group to reestablish a competitive domestic rare earth supply chain. Amends the Energy Policy Act of 2005 to authorize the DOE Secretary to implement a temporary loan guarantee program for the commercial application of new or improved technologies to recover and process rare earth materials. Directs the President to establish a neodymium iron boron magnet alloy and dysprosium iron alloy inventory, to be managed by the Administrator of the Defense Logistics Agency Strategic Materials. Directs the President, acting through the DOD Secretary, to encourage the development of a domestic neodymium iron boron magnet manufacturing capability by seeking to enter into long-term supply contracts for the delivery of necessary grades of domestic neodymium iron boron magnets to meet DOD demand. Establishes in the U.S. Geological Survey a research and demonstration program for the long-term, secure, and sustainable supply of rare earth materials in quantities sufficient to satisfy the U.S. national security, economic well-being, and industrial production needs. Makes conforming amendments to the National Materials and Minerals Policy, Research and Development Act of 1980.
United States · United States Congress · 6 April 2011
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess of outlays over receipts. Prohibits total outlays for any fiscal year from exceeding 18% of the gross domestic product (GDP) for the preceding calendar year unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess over such 18%. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill from becoming law that imposes a new tax or increases the statutory rate of any tax or the aggregate amount of revenue, unless approved by a two-thirds roll call vote of each chamber. Requires a three-fifths roll call vote of each chamber to increase the federal debt limit. Authorizes waivers of these requirements: (1) when a declaration of war is in effect against a nation-state and Congress, by a majority roll call vote of each chamber, authorizes a specific excess; or (2) under other specified circumstances involving military conflict, if Congress, by a three-fifths roll call vote of each chamber, authorizes such waiver. Prohibits a federal or state court from ordering any increase in revenue to enforce this article.
United States · United States Congress · 4 April 2011
Requires the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information to terminate for cause any award (including grants and loans) made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if the Administrator or Assistant Secretary determines that cause exists (including insufficient level of performance, wasteful spending, or fraudulent spending) to terminate the award. Directs the Administrator or the Assistant Secretary to: (1) deobligate, upon terminating such an award, an amount equivalent to such award, as recoverable, less allowable costs; and (2) return to the Treasury's general fund such deobligated amounts and any award returned or disclaimed by a recipient after enactment of this Act.
United States · United States Congress · 4 April 2011
Local Taxpayer Relief Act - Amends the Impact Aid program (which compensates local educational agencies [LEAs] for the financial burden of federal activities affecting their areas) of the Elementary and Secondary Education Act of 1965 to alter the formula for determining the payments due LEAs for federal ownership of property when appropriations for a fiscal year are insufficient to provide them with full compensation. Prohibits an LEA from being paid amounts for federal ownership of property that exceeds its total current expenditures in the second prior fiscal year. Changes the method for calculating the value of federal property located in an LEA's area. Alters the formula for determining the payments due LEAs for eligible federally-connected children. Includes not only children in average daily attendance, but also those enrolled pursuant to a state open enrollment policy. Continues an LEA's eligibility for such payments while activities associated with military base closures and realignments or force structure changes or relocations are ongoing. Allows the calculation of such payments using current student counts instead of prior fiscal year data when LEAs experience a specified influx of new federally-connected students due to federal activities or the closure of an LEA that was receiving Impact Aid due to federally-connected children. Requires the Secretary of Education to allow LEAs to count their federally-connected children using the date they register their students for the fiscal year for which their application is filed. Alters the formula for determining the construction payments due LEAs that are eligible for other Impact Aid payments. Divides 80% of the construction funds evenly between LEAs impacted by military dependent children and LEAs impacted by children residing on Indian lands, with the remainder reserved for emergency repair and modernization grants to LEAs serving Indian lands or experiencing a specified influx of new students due to federal activities. Alters the formula for determining whether a state's plan for equalizing assistance to its LEAs will except it from the prohibition on state aid to LEAs being affected by Impact Aid payments. Requires new LEAs applying for Impact Aid to have boundaries established by state law and the authority to tax or receive an imputed local tax. Directs the Secretary to complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation. Reauthorizes appropriations for the Impact Aid program.
United States · United States Congress · 1 April 2011
Social Security Fairness Act of 2011 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the government pension offset requirement applicable to and reducing husband's and wife's insurance benefits, widow's and widower's insurance benefits, and divorced mother's and divorced father's insurance benefits with respect to federal, state, or local government employees who receive a government pension and did not pay Social Security taxes during their years of government service, and so did not earn entitlement to Social Security benefits for those years. Repeals also the windfall elimination requirement with respect to computation of an individual's primary insurance amount under which OASDI retirement or disability benefits are reduced if the individual receives a federal, state, or local government pension, did not pay Social Security taxes during the years of government service, and so did not earn entitlement to Social Security benefits for those years.
United States · United States Congress · 31 March 2011
Secure Border Act of 2011 - Directs the Secretary of Homeland Security (DHS) to submit to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs a comprehensive strategy for gaining operational control of the international borders of the United States within five years.
United States · United States Congress · 31 March 2011
3-D, Domestic Jobs, Domestic Energy, and Deficit Reduction Act of 2011 - Considers that the Secretary of the Interior has approved the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 as a final oil and gas leasing program under the Outer Continental Shelf Lands Act. Deems the Secretary to have issued a final environmental impact statement for such Program under the National Environmental Policy Act of 1969 (NEPA). Directs the Secretary to: (1) conduct a lease sale in each outer Continental Shelf planning area for which there is a commercial interest in purchasing federal oil and gas production leases, (2) approve or disapprove a drill permit application within 20 days after submission, and (3) hold lease sales for specified areas in the Central Gulf of Mexico, Western Gulf of Mexico, and the state of Virginia. Grants the United States Court of Appeals for the Fifth Circuit exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. Directs the Secretary to implement an oil and gas leasing program in land within the 1002 Coastal Plain Area of Alaska. Authorizes the Secretary to designate up to 45,000 acres of the Coastal Plain as a special area for preservation of its unique and diverse character. Directs the Secretary to: (1) administer the leasing program with respect to Coastal Plain environmental protection according to the no significant adverse effect standard, (2) issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas, and (3) convey specified surface estates to the Kaktovik Inupiat Corporation and to the Arctic Slope Regional Corporation. Establishes the Arctic National Wildlife Refuge (ANWR) Alternative Energy Trust Fund. Amends the Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005 to require the Secretary to conduct related lease sales in any state during any period when there is sufficient state support and interest in the development of tar sands and oil shale resources. Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to hear all causes and claims arising from any covered project of federal land leasing for exploitation of oil, natural gas, or any other source or form of energy. Amends NEPA to require completion and review of environmental impact statements within 270 days after their commencement or the action concerned shall be considered a final agency action with no significant environmental impact. Amends the Clean Air Act to: (1) declare that carbon dioxide, methane from agriculture or livestock, and water vapor are not air pollutants; and (2) require an economic analysis of any requirement of the Act that results in an adverse effect on employment. Requires the Secretary of commerce to establish an economic review board to assess such an analysis. Amends the Endangered Species Act of 1973 (ESA) to require the the Secretary of the Interior or the Secretary of Commerce, as appropriate, upon a state governor's declaration of an emergency, to exempt from the prohibition against taking, and against adverse modification of critical habitat, any action reasonably necessary to avoid or ameliorate the impact of the emergency, including the operation of any water supply or flood control project by a federal agency. Prohibits consideration of the impact of greenhouse gas on any species of fish or wildlife or plant for any purpose in the implementation of the ESA. Instructs the Administrator of the Environment Protection Agency (EPA) to approve the specification of the areas described in the notice entitled "Final Determination of the Assistant Administrator for Water Pursuant to Section 404(c) of the Clean Water Act Concerning the Spruce No. 1 Mine, Logan County, WV." Instructs the Secretary of the Interior to issue or reissue each lease for the production of oil or gas in the state of Utah that was canceled during calendar years 2009 through 2011. Prohibits the Bureau of Reclamation of the Department of the Interior and any California state agency operating a water project in connection with the Central Valley Project from restricting operations of an applicable project pursuant to any biological opinion issued under ESA if it would result in a level of allocation of water less than the historical maximum allocation under the project. Directs the Secretary of State to expedite the permit request for the Keystone XL pipeline without considering greenhouse gas impacts during the permit review process. Instructs the EPA Administrator to issue without further review or analysis a permit to Shell Oil Company to drill for oil in the Beaufort Sea. Prohibits the award or federal payment of legal fees to an environmental nongovernmental organization in connection with any action: (1) preventing, terminating, or reducing access to production of energy, mineral resources, water by agricultural producers, a resource by commercial or recreational fishermen, or grazing or timber production on federal land; (2) diminishing a property owner's private property value; or (3) eliminating or preventing one or more jobs.
United States · United States Congress · 30 March 2011
Government Shutdown Prevention Act of 2011 - Enacts into law the provisions of H.R. 1 (Full-Year Continuing Appropriations Act, 2011), as passed by the House on February 19, 2011, if the House has not received a message from the Senate before April 6, 2011, stating that it has passed a measure providing for the appropriations for the federal departments and agencies for the remainder of FY2011. Prohibits the Secretary of the Senate and the Chief Administrative Officer of the House, respectively, from disbursing to each Member or Delegate the amount of his or her salary for each day that: (1) there is more than a 24-hour lapse in appropriations for any federal agency or department for failure to enact a regular appropriations bill or continuing resolution, or (2) the federal government is unable to make payments or meet obligations because the public debt limit has been reached. Imposes the same restrictions on the President with respect to receiving a disbursement of basic pay during such period.
United States · United States Congress · 30 March 2011
Death Tax Repeal Permanency Act of 2011 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption.
United States · United States Congress · 29 March 2011
Reversing President Obama's Offshore Moratorium Act - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to make available for leasing and to conduct lease sales including: (1) at least 50% of the available unleased acreage within each outer Continental Shelf (OCS) planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the OCS, with an emphasis on offering the most geologically prospective parts of the planning area; and (2) any state subdivision of an OCS planning area that the governor of such state requests be made available for leasing. Directs the Secretary, in the 2012-2017 5-year oil and gas leasing program, to make available for leasing OCS planning areas that are estimated to contain more than 2.5 billion barrels of oil or more than 7.5 trillion cubic feet of natural gas. Directs the Secretary, in developing a 5-year oil and gas leasing program, to determine a domestic strategic production goal for the development of oil and natural gas. Makes the production goal for the 2012-2017 5-year oil and gas leasing program an increase by 2027 in daily production of at least 3 million barrels of oil and 10 billion cubic feet of natural gas. Directs the Secretary to issue regulations providing for: (1) issuance of seismic surveying cost credits for the provision of data from seismic surveying of the OCS; and (2) use of such credits for payment of bonus bids owed for oil and gas lease sales in the planning area where the seismic survey was conducted.
United States · United States Congress · 29 March 2011
Putting the Gulf of Mexico Back to Work Act - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued. Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements. Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures. Imposes a deadline for certain permit applications under existing leases. Establishes any district court within the 5th circuit as the exclusive venue for certain civil actions relating to covered energy projects in the Gulf of Mexico unless there is no proper venue within any 5th circuit court. Defines a covered action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding such a project. Sets forth a time limitation governing: (1) filing a covered civil action, (2) judicial granting or approval of prospective relief, and (3) attorneys’ fees and other court costs. Specifies limitations upon: (1) prospective relief; and (2) attorneys' fees, expenses, and other court costs.
United States · United States Congress · 29 March 2011
Restarting American Offshore Leasing Now Act - Directs the Secretary of the Interior to conduct specified proposed offshore oil and gas lease sales as follows: (1) lease sale 216 in the Central Gulf of Mexico within four months after enactment of this Act; (2) lease sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act; (3) lease sale 220 on the Outer Continental Shelf offshore Virginia within one year after enactment of this Act; and (4) lease sale 222 in the Central Gulf of Mexico no later than June 1, 2012. Prohibits the Secretary from making any Offshore Virginia tract available for leasing if it would conflict with military operations. Declares that, for purposes of such proposed lease sales, specified Environmental Impact Statements are deemed to satisfy the requirements of the National Environmental Policy Act of 1969.
United States · United States Congress · 29 March 2011
Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to: (1) extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP); and (2) allow a tax deduction for 50% of the interest incurred on loans to S corporation-sponsored ESOPs for the purchase of employer securities. Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Amends the Small Business Act to define "ESOP business concern" and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act.
United States · United States Congress · 17 March 2011
Access to Professional Health Insurance Advisors Act of 2011 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance. Requires the Secretary of Health and Human Services (HHS), when a state requests an adjustment of a medical-loss ratio, to defer to the state's findings and determinations as to whether enforcing the required medical-loss ratio may destabilize the individual or small group markets for health insurance.
United States · United States Congress · 17 March 2011
Competitive Health Insurance Reform Act of 2011 - Amends the McCarran-Ferguson Act to provide that nothing in that Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. Applies prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit. Prohibits class action lawsuits on any claim against an insurer for a violation of the McCarran-Ferguson Act, except suits by: (1) the United States or any state, or (2) named individual claimants for their particular injuries.
United States · United States Congress · 17 March 2011
National Health Service Corps Improvement Act of 2011 - Amends the Public Health Service Act to revise the definition of "primary health services" for purposes of the National Health Service Corps to include optometry health services. Includes optometrists within: (1) the fellowship program for the delivery of primary health services in health professional shortage areas, (2) the National Health Service Corps Scholarship Program, and (3) the National Health Service Corps Loan Repayment Program.
United States · United States Congress · 17 March 2011
Respect for Rights of Conscience Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to permit a health plan to decline coverage of specific items and services that are contrary to the religious beliefs of the sponsor, issuer, or other entity offering the plan or the purchaser or beneficiary (in the case of individual coverage) without penalty. Declares that such plans are still considered to: (1) be providing the essential health benefits package or preventive health services, (2) be a qualified health plan, and (3) have fulfilled other requirements under PPACA. Declares that nothing in PPACA shall be construed to authorize a health plan to require a provider to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Prohibits a health plan from being considered to have failed to provide timely or other access to items or services or to fulfill any other requirement under PPACA because it has respected the rights of conscience of such a provider. Prohibits an American Health Benefit Exchange (a state health insurance exchange) or other official or entity acting in a governmental capacity in the course of implementing PPACA from discriminating against a health plan, plan sponsor, health care provider, or other person because of an unwillingness to provide coverage of, participate in, or refer for, specific items or services. Creates a private cause of action for the protection of individual rights created under this Act. Authorizes any person or entity to assert a violation of this Act as a claim or defense in a judicial proceeding. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints of discrimination based on this Act. Makes this Act effective as if it were included in PPACA.
United States · United States Congress · 16 March 2011
Global Combat Zone Recognition Act - Treats a member of the Armed Forces (member) or civilian employee of the Department of Defense (DOD) (employee) who is killed or wounded in an attack outside a combat zone as a member killed or wounded in a combat zone or an employee killed or wounded while serving with the Armed Forces in a contingency operation, respectively, for purposes of all applicable federal laws, regulations, and policies. Excludes from such consideration any member or employee whose death or injury is the result of misconduct, as determined by the Secretary of Defense. Provides retroactive coverage under this Act with respect to victims of attacks at: (1) Fort Hood, Texas, on November 5, 2009; (2) a recruiting station in Little Rock, Arkansas, on June 1, 2009; and (3) the Frankfurt Airport, Germany, on March 2, 2011. Directs the Secretary to notify appropriate members and employees or their next-of-kin of the availability of benefits as the result of this Act.
United States · United States Congress · 16 March 2011
Disposal of Excess Federal Lands Act of 2011 - Directs the Secretary of the Interior to offer for disposal by competitive sale certain federal lands in Arizona, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, and Wyoming, previously identified as suitable for disposal in the report submitted to Congress on May 27, 1997, pursuant to the Federal Agriculture Improvement and Reform Act of 1996.
United States · United States Congress · 16 March 2011
Decrease Spending Now Act - Rescinds $45 billion of unobligated balances of current discretionary appropriations. Requires the Director of the Office of Management and Budget (OMB) to: (1) determine which appropriation accounts the rescission shall apply to and the amount that each such account shall be reduced, and (2) report to the Secretary of the Treasury and Congress a list of the accounts reduced by the rescission, including the amounts rescinded from each such account. Exempts from such rescission the Department of Defense (DOD), the Department of Veterans Affairs (VA), and the Social Security Administration (SSA).
United States · United States Congress · 15 March 2011
Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform Act of 2011 - Amends the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Prohibits consideration of the amount of fines or license revocations imposed by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the retention, promotion, or transfer of such agents. Revises the definition of "willfully" for purposes of firearms violations and standards for criminal violations of firearms recordkeeping requirements. Declares that repetition of a recordkeeping violation, regardless of frequency, shall not be considered evidence that the licensee committed the violation knowingly and in intentional disregard of a legal duty. Requires the Attorney General to: (1) make preliminary determinations on firearms license applications and notify applicants in writing of a proposed denial; and (2) establish guidelines for ATF inspections, examinations, or investigations of possible firearms violations. Permits an owner of a firearms business whose license is expired, surrendered, or revoked 60 days to liquidate inventory. Allows purchasers of existing firearms businesses the right to cure firearms violations attributable to such businesses. Allows the transfer, possession, and importation of machineguns for industry testing, research and training, national security services, and motion picture or television production. Eliminates the requirement of written permission for the use of a handgun for lawful purposes by a minor (under age 18) where a parent or legal guardian is present at all times during such use. Revises firearms licensee recordkeeping requirements, including by prohibiting: (1) the Attorney General from electronically recording firearms transaction information of a discontinued firearms or ammunition business by name or personal identification code; and (2) any rule or regulation or administration action from establishing any comprehensive or partial system of registration of firearms, firearms owners, or firearms transactions or dispositions. Directs the Attorney General to authorize the importation of all frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes.
United States · United States Congress · 15 March 2011
Pediatric Research Consortia Establishment Act - Amends the Public Health Service Act to authorize 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 award grants, contracts, or cooperative agreements to public or nonprofit private entities to pay all or part of the cost of planning, establishing, and providing basic operating support for up to 20 national pediatric research consortia. Requires the Director of NIH to take unmet research needs into account when making awards under this Act. Declares that research conducted under this Act shall supplement, but not replace, research that is otherwise conducted or supported as part of the comprehensive pediatric research portfolio. Requires consortia to conduct basic, clinical, behavioral, social, or translational research, as well as training in, and demonstration of, advanced diagnostic and treatment methods relating to pediatrics. Requires the Director of NIH to: (1) provide for the coordination of information and ensure regular communication between consortia, and (2) require periodic reports on the activities of the consortia. Requires each consortium under this Act to be formed from a collaboration of cooperating institutions with a lead institution, meeting requirements that may be prescribed by the Director of NIH. Declares that payments made under this Act may be provided for a period of five years and extended for additional five-year periods with enhanced funding opportunities based on an appropriate scientific review of the operations.
United States · United States Congress · 14 March 2011
Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once: (1) notify the Secretary that a payment is reasonably expected, and (2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement. Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount. Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement. Specifies circumstances: (1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and (2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement. Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable plan, may appeal such determination. Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually. Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation. Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors). Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers. Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action.
United States · United States Congress · 14 March 2011
Pill Mill Crackdown Act of 2011 - Amends the Controlled Substances Act to: (1) double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill, (2) increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and (3) exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense. Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture. Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse. Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance.
United States · United States Congress · 14 March 2011
Volumetric Ethanol Excise Tax Credit Repeal Act - Amends the Internal Revenue Code to provide for the immediate repeal (the current expiration date is December 31, 2011) of the income and excise tax credits for alchol fuel mixtures (ethanol).
United States · United States Congress · 11 March 2011
Fairness in Medicare Bidding Act or FIMBA - Amends part B (Supplementary Medical Insurance Benefits for Aged and Disabled) of title XVIII (Medicare) of the Social Security Act to repeal the Medicare competitive acquisition program for durable medical equipment and prosthetics, orthotics, and supplies (DMEPOS). Rescinds specified unobligated balances of all discretionary appropriations, except those for the Department of Defense (DOD) or the Department of Veterans Affairs (VA). Directs the Office of Management and Budget (OMB) to determine and identify each account, program, project, and activity to which this rescission and its amount shall apply.
United States · United States Congress · 10 March 2011
English Language Unity Act of 2011- Makes English the official language of the United States. Requires, subject to exceptions and rules of construction, that: (1) official functions of the United States be conducted in English; and (2) all naturalization ceremonies be conducted in English. Establishes a uniform English language rule for naturalization. Makes English language requirements and workplace policies, whether in the public or private sector, presumptively consistent with the laws of the United States. Directs the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 10 March 2011
Wireless Tax Fairness Act of 2011- Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property (i.e., cell phones) for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate, unless such tax was imposed and actually enforced prior to the date of enactment of this Act.
United States · United States Congress · 10 March 2011
Children of Military Service Members Commemorative Lapel Pin Act - Requires a lapel button, to be known as the children of military service members commemorative lapel button, to be designed, as approved by the Secretary of Defense (DOD), to identify and recognize child dependents of members of the Armed Forces who serve on active duty for more than 30 days. Expresses the sense of Congress that the Secretary should expedite the design and manufacture of the button, as well as mechanisms to facilitate its issuance. Makes such button available retroactively to the child of any member satisfying such eligibility conditions before the enactment of this Act. Requires the Secretary to notify members with qualifying service since September 11, 2001, of the availability of the button.
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