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
Concrete Masonry Products Research, Education, and Promotion Act of 2011 - Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete) and to concrete importers, if such imports are subject assessment under the orders. Requires any such order to provide for the establishment of a Concrete Masonry Products Board, which shall carry out a program of promotion, research, and information regarding concrete products. Requires any such order to provide that assessments shall be paid by concrete manufacturers with respect to concrete manufactured and marketed in the United States. Allows any such order to provide that assessments shall be paid by concrete products importers. Provides assessment rates. Requires at least 50% of the assessments paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval among the manufacturers and importers required to pay assessments under the order. Outlines referendum procedures. Provides for petition and review of an order, and order enforcement through U.S. district courts. Authorizes the Secretary to conduct appropriate investigations in order to administer this Act (with power of subpoena). Directs the Secretary to suspend or terminate any order or provision that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.
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 · 27 October 2011
Amends the Internal Revenue Code to disallow the refundable portion of the child tax credit to taxpayers who use individual taxpayer identification numbers (ITINs) issued by the Internal Revenue Service (IRS) instead of social security account numbers to claim such credit on their tax returns.
United States · United States Congress · 24 October 2011
Supports the goals and ideals of National Cyber Security Awareness Month. Commends the work of the National Initiative for Cybersecurity Education and all such public and private entities that support that effort. Recognizes "STOP. THINK. CONNECT." as the national cybersecurity awareness campaign to educate people of the United States and help all citizens stay safer and more secure online. Congratulates the National Cyber Security Alliance, the Multi-State Information Sharing and Analysis Center, Department of Homeland Security (DHS), and other organizations working to improve cyber security in the United States.
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
Expresses the sense of the House of Representatives that further reductions to core national security funding, such as those triggered by the sequestration alternative of the Budget Control Act of 2011, may cause irreparable harm to U.S. interests and that decisions on U.S. national security policy and spending levels should be based on: (1) the National Security Strategy, a sequential determination of the threats to the United States, and an analysis of the capabilities needed to deter or defeat threats; and (2) the principles that a strong economy and a strong national security are inextricably linked and that national security is the most important obligation of the federal government and should take precedence over other priorities.
United States · United States Congress · 13 October 2011
March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.
United States · United States Congress · 13 October 2011
Makes eligible for interment in a national cemetery any individual who: (1) the Secretary of Veterans Affairs (VA) determines served in combat support of the Armed Forces in Laos during the period beginning on February 28, 1961, and ending on May 15, 1975; and (2) at the time of death was a U.S. citizen or lawfully admitted alien. Applies this Act to any qualifying individual who dies on or after January 1, 2011.
United States · United States Congress · 13 October 2011
Local Education Authority Returns Now Act - Requires the Secretary of the Treasury to make an annual determination of states that have chosen to opt-out of K-12 education grant programs. Requires the Secretary of Education to determine credits due to states as opt-out state education amounts. Amends the Internal Revenue Code to allow individual taxpayers in states that opt-out a refundable tax credit for a share of the opt-out amount creditable to such states.
United States · United States Congress · 12 October 2011
Illegal Alien Crime Reporting Act of 2011 - Prohibits the payment of funds to a state or its political subdivisions under any program or activity administered by the Department of Homeland Security (DHS) unless such state: (1) compiles statistics on persons arrested, charged, convicted of a crime, or incarcerated by such state, including the immigration status and country of origin of such persons and the crimes for which such persons were arrested, charged, convicted, or incarcerated; (2) reports such statistics monthly to the Federal Bureau of Investigation (FBI); and (3) certifies compliance with the requirements of this Act. Requires each federal agency to compile similar statistics and report on such statistics monthly to the FBI. Requires the FBI to annually publish all statistics reported under this Act as a separate data collection of its Uniform Crime Reports.
United States · United States Congress · 12 October 2011
Prohibits the Secretary of Labor from: (1) implementing, amending, or enforcing the rule "Wage Methodology for the Temporary Non-agricultural Employment H-2B Program" or any substantially similar rule; and (2) finalizing, implementing, amending, or enforcing the proposed rule "Temporary Non-agricultural Employment of H-2B Aliens in the United States" or any substantially similar rule. Directs the Secretary, in computing the prevailing occupational wage level for employees of institutions of higher education or nonprofit research organizations for certain alien worker labor certifications, to: (1) use Occupational Employment Statistics program data, and (2) comply with specified provisions regarding the number of wage levels required to make such computation.
United States · United States Congress · 11 October 2011
Expresses the sense of the House of Representatives that there exists significant cause for concern and further investigation of counterterrorism threats from Iran's growing influence in the Western Hemisphere. Urges the the Administration to: (1) include the Western Hemisphere in the Administration's 2012 National Strategy for Counterterrorism's "Area of Focus" with specific attention to Iran's presence and activities in the Western Hemisphere; (2) utilize an existing counterterrorism task force to be led by the Department of Homeland Security (DHS) to examine such presence and activities, including within the United States; and (3) provide Congress with a comprehensive counterterrorism and counter-radicalization strategy to defend U.S. geostrategic interests and defeat Iranian interests in the Western Hemisphere.
United States · United States Congress · 7 October 2011
Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2011 - Designates the Department of Health and Human Services (HHS) as the primary federal agency for emergency medical services and trauma care. Establishes the Office of Emergency Medical Services and Trauma within HHS. Gives the Office responsibilities related to emergency medical services (EMS) and authorizes the Secretary of HHS to delegate additional responsibilities related to EMS. Requires the Director of the Office to: (1) implement a national EMS strategy; (2) establish the EQUIP grant program to promote excellence, quality, universal access, innovation, and preparedness in field EMS; and (3) the SPIA grant program to improve EMS system performance, integration, and accountability, to ensure preparedness, to enhance oversight and data collection, and to promote standardization of certifications. Requires the Secretary to improve medical oversight of field EMS, including by: (1) promoting the development and adoption of national guidelines for medical oversight, and (2) convening a Field EMS Medical Oversight Advisory Committee. Directs the Comptroller General to study issues related to emergency medical care in the field of EMS. Authorizes the Administrator of the National Highway Traffic Safety Administration (NHTSA) to maintain, improve, and expand the National EMS Information System. Sets forth reporting requirements relating to data collection and electronic health records. Declares that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall not be construed to prohibit certain exchanges of information between field EMS practitioners, hospital personnel, state EMS offices, and the National EMS Database. Requires the Secretary to establish guidelines for the exchange of information between field EMS practitioners and hospital personnel. Authorizes the Director of the Office to make grants for the development, availability, and dissemination of field EMS education programs and courses that improve the quality and capability of field EMS personnel. Requires the Director to conduct or support demonstrations projects relating to alternative dispositions of field EMS patients. Amends title XI (General Provisions, Peer Review, and Administrative Simplification) of the Social Security Act to include field EMS as a model for testing by the Center for Medicare and Medicaid Innovation. Amends the Public Health Service Act to require the Secretary to conduct research and evaluation relating to field EMS through the Agency for Healthcare Research and Quality (AHRQ) and the Center for Medicare and Medicaid Innovation. Requires the Director of AHRQ to establish a Field EMS Evidence-Based Practice Center. Amends the Internal Revenue Code to: (1) establish the Emergency Medical Services Trust Fund, and (2) allow taxpayers to designate a portion of any income tax overpayment and make additional contributions to finance such Fund.
United States · United States Congress · 5 October 2011
Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial. Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties.
United States · United States Congress · 5 October 2011
Repeals a provision of the Energy Independence and Security Act of 2007 which prohibits a federal agency from entering into a contract for procurement of an alternative or synthetic fuel unless the contract specifies that the lifecycle greenhouse gas emissions associated with such fuel are less than or equal to emissions from the equivalent conventional fuel produced from conventional petroleum sources.
United States · United States Congress · 5 October 2011
Buffett Rule Act of 2011 - Amends the Internal Revenue Code to allow taxpayers to donate an amount (not less than $1), in addition to any tax owed, which shall be deposited in the general fund of the Treasury and transferred to an account used to reduce the public debt. Requires such donation to be designated on a taxpayer's income tax return at the time such return is filed.
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
Condemns China's imprisonment, torture, and execution of its prisoners of conscience. Calls upon China to: (1) cease harassment and discrimination against all unregistered religious organizations and individual practitioners, (2) release its prisoners of conscience, (3) release information about the number of detained prisoners of conscience and the extent of organ harvesting among such prisoners, and (4) allow the United States Commission on International Religious Freedom or international humanitarian organizations access to current and former prisoners of conscience. Expresses sympathy to the families of prisoners of conscience who have been imprisoned, tortured, and murdered by the Chinese government. Urges the Administration to raise the issue of the prisoners of conscience in diplomatic meetings with China. Supports the Tuidang movement.
United States · United States Congress · 22 September 2011
National Wildlife Refuge Review Act of 2011- Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior from establishing any new national wildlife refuges, except as expressly authorized by a law enacted after September 30, 2011.
United States · United States Congress · 21 September 2011
Superfund Common Sense Act - Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean: (1) digestive emissions, feces, urine, urea and other excrement from livestock; (2) any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock; (3) any process water associated with such items; and (4) any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items. Amends the Superfund Amendments and Reauthorization Act of 1986 to exempt from notification requirements releases associated with manure.
United States · United States Congress · 21 September 2011
Ethical Shipping Inspections Act of 2011 - Amends federal shipping inspection laws to prohibit the Secretary of the department in which the Coast Guard is operating from delegating (and to require revocation of an existing delegation of) certain inspection, certification, and related services to a foreign classification society if the Secretary of State determines that such society provides comparable services: (1) in Iran, North Korea, North Sudan, or Syria; or (2) for the government of such countries.
United States · United States Congress · 15 September 2011
Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses.
United States · United States Congress · 15 September 2011
Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.
United States · United States Congress · 14 September 2011
Medicare Common Access Card Act of 2011 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act in order to utilize smart card technology for Medicare beneficiary and provider identification cards.
United States · United States Congress · 14 September 2011
American Jobs Act of 2011 - Amends the Internal Revenue Code to: (1) reduce the rate of the income tax on corporations to 0% of taxable income, and (2) eliminate the alternative minimum tax (AMT) on corporations.
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 · 12 September 2011
Help Veterans Own Franchises Act - Amends the Internal Revenue Code to allow a business-related tax credit for 25% of a qualified franchise fee of up to $400,000 paid or incurred by a veteran for the purchase of a franchise. Directs the Administrator of the Small Business Administration (SBA) and the Secretary of Veterans Affairs (VA) to provide information about the tax credit allowed by this Act to veterans service organizations and veteran advocacy groups.
United States · United States Congress · 12 September 2011
Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.) Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization. Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States. Subjects an individual who knowingly uses the social security number or other identification of another person to fine and/or imprisonment. Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. (Exempts from verification requirements seasonal agricultural workers who return to work for a previous employer.) Requires reverification of the following workers who have not been verified under E-verify: (1) federal, state, or local government employees; (2) certain employees who require a federal security clearance; and (3) certain employees assigned to work in the United States under a federal or state contract. Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed). Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies. Requires EEVS to provide employers with: (1) temporary verification or nonverification within 3 working days of an inquiry; and (2) in the case of nonverification, a final verification or nonverification within 10 working days. Sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors. Provides for the establishment of programs to: (1) block the use of misused social security numbers, and (2) suspend or limit the use of social security numbers of victims of identity fraud.
United States · United States Congress · 7 September 2011
American Specialty Agriculture Act - Amends the Immigration and Nationality Act to establish an H-2C nonimmigrant visa for an alien having a residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily (10-month maximum per contract period) to the United States to perform agricultural labor or services, including the pressing of apples for cider on a farm. Requires an employer or employer association to file an H-2C petition with the Department of Agriculture (USDA) which shall include specified employment-related attestations. Sets forth provisions regarding: (1) penalties; (2) working conditions, wages, and transportation reimbursement; (3) admissions and extensions of stay; (4) abandonment of employment and worker replacement; (5) legal assistance; and (6) arbitration and mediation. Requires the Secretary of Agriculture to conduct investigations and random audits of employer work sites. Requires an employer to guarantee to offer the worker employment for the hourly equivalent of at least 50% of the work hours during the total anticipated period of employment. Limits the number of annual fiscal year H-2C admissions. Prohibits the admission of spouses and children of H-2C workers. Extends coverage under the Migrant and Seasonal Agricultural Worker Protection Act to H-2C workers. Makes the provisions of this Act effective two years after its enactment. Terminates authority to petition for H-2A temporary agricultural workers two years after enactment of this Act.
United States · United States Congress · 2 September 2011
Employee Workplace Freedom Act - Repeals the National Labor Relation Board's (NLRB) final rule published in the Federal Register on August 30, 2011, requiring employers (including labor organizations in their capacity as employers) to post notices informing employees of their rights to collectively bargain under the National Labor Relations Act (NLRA). Prohibits the NLRB from promulgating or enforcing any rule that requires employers to post such notices on or after enactment of this Act.
United States · United States Congress · 30 August 2011
United Nations Transparency, Accountability, and Reform Act of 2011 - Directs the President to use U.S. influence at the United Nations (U.N.) on a wide variety of issues, including to shift the funding mechanism for the regular budget of the U.N. from an assessed to a voluntary basis. Withholds up to 50% of nonvoluntary U.S. contributions to the regular budget of the U.N. unless the Secretary of State certifies to Congress that 80% of the total regular budget of the U.N. is apportioned on a voluntary basis. Requires the annual congressional budget justification to include a detailed itemized request in support of the U.S. contribution of the regular budget of the U.N. Sets forth requirements for the Comptroller General with respect to audits and investigations of U.S. contributions to the U.N. and such contributions' use by U.N. entities. Prohibits the obligation or expenditure of a U.S. contribution to any U.N. entity unless the entity has provided the Comptroller General with a transparency certification and is in compliance with such certification. Prohibits making funds available: (1) to international organizations for any purpose other than an assessed U.S. contribution to a U.N. entity or other international organization; (2) to international organizations and programs for any purpose other than a voluntary U.S. contribution to a U.N. entity or other international organization; and (3) for international peacekeeping activities for any purpose other than a U.S. contribution to U.N. peacekeeping activities, to the International Criminal Tribunal for the former Yugoslavia (ICTY), or to the International Criminal Tribunal for Rwanda (ICTR). Directs the Secretary to withhold from the regular budget of the U.N. an amount equal to the amount of U.S. overpayments to the U.N. States that is U.S. policy to oppose any proposals on expansion of the Security Council that would: (1) diminish U.S. influence on the Security Council, or (2) include veto rights for new Security Council members. Directs the Secretary to withhold U.S. contributions from any U.N. entity that recognizes a Palestinian state or upgrades the status of the Palestinian observer mission at the U.N., the Palestine Liberation Organization (PLO), the Palestinian Authority (PA), or any other Palestinian administrative organization or governing entity prior to the achievement of a final peace agreement with Israel. Provides that until the Secretary makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Directs the Secretary to withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for: (1) the U.N. Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967; and (2) any other U.N. Special Procedures used to display bias against the United States or Israel or to provide support for any member state which is subject to Security Council sanctions, under a Security Council-mandated human rights investigation, has repeatedly supported acts of international terrorism, or is a country of particular concern for religious freedom. States that it is U.S. policy to oppose any legitimization of the Goldstone Report and to lead a diplomatic campaign supporting its revocation. Prohibits funds from being used for U.S. participation in the Durban III meeting or any part of the Durban process. Withholds U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or to any successor or related entity unless the Secretary makes specified certifications to Congress. Prohibits any U.S. contribution to the International Atomic Energy Agency (IAEA) from being used to support Technical Cooperation program assistance to any country, including North Korea, that: (1) has repeatedly supported acts of international terrorism; or (2) is in breach of, or under investigation for breach of, obligations regarding its safeguards agreement with the IAEA, the Nuclear Non-Proliferation Treaty, or any relevant Security Council resolution. Directs the Secretary to withhold from the U.S. voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in 2007-2008 on Technical Cooperation program assistance to such countries. Sets forth U.S. policy regarding reform of U.N. peacekeeping operations. Directs the President to use U.S. influence at the U.N. to oppose the creation of new, or expansion of existing, U.N. peacekeeping operations until the Secretary certifies to Congress that specified peacekeeping reforms have been adopted by the U.N. Department of Peacekeeping Operations or the General Assembly.
United States · United States Congress · 5 August 2011
Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires a neutral, private organization, chosen by agreement between an employer and a labor organization that is the exclusive representative of employees in an appropriate bargaining unit, to conduct a secret ballot election by the employees, every three years after the labor organization's initial certification, to determine whether a majority desire to continue to be represented by that labor organization. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
United States · United States Congress · 1 August 2011
Directs the Secretary of Veterans Affairs (VA) to designate one city in the United States each year as an "American World War II City" based on: (1) contributions to the war effort during World War II; and (2) efforts to preserve the history of such contributions, including preservation organizations or museums, restoration of World War II facilities, and recognition of World War II veterans. Designates Wilmington, North Carolina, as the first such city.
United States · United States Congress · 1 August 2011
Prevention of Wasteful and Unneeded Coins Act of 2011 - Amends federal law governing coins and currency to prohibit, for a 15-year period, the issuance of $1 dollar coins honoring each of the Presidents of the United States. Authorizes the Secretary of the Treasury to resume issuance of such coins if the demand for $1 coins exceeds the number of them held in reserve. Prohibits the Secretary from issuing any $1 coins if it would result in an excess stockpile of $1 coins not in circulation. Repeals the requirement that the number of $1 coins minted and issued in a year with the Sacagawea design on the obverse be at least 20% of the total of such coins. Repeals the requirement that, during an introductory period, all institutions that want to are able to obtain unmixed supplies of each newly-issued design of $1 coins minted under the President $1 and the First Spouse bullion coin programs.
United States · United States Congress · 1 August 2011
Textile Enforcement and Security Act of 2011 - Expresses the sense of Congress that the U.S. Customs and Border Protection (CBP) and the Textile and Apparel Policy and Programs (TAPP) division of the Office of International Trade within CBP should ensure that seizures, detentions, special operations, and Textile Product Verification Teams (TPVTs) remain the primary focus of their efforts to enforce U.S. customs laws with respect to imports of textile or apparel articles, particularly as they relate to enforcement of the North American Free Trade Agreement (NAFTA), the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), and other free trade agreements and trade preference programs to prevent transshipments and origin fraud. Requires the seizure and forfeiture of an imported textile or apparel article for which a trade preference has been claimed in cases where the importer: (1) has either misdescribed, not verified the article's country of origin, or used accompanying false documentation; or (2) provides false information as to his or her address or does not meet certain documentation or informational requirements upon entry of an article. Requires the Secretary of Homeland Security (Secretary), the CBP Commissioner, or the Secretary of the Treasury to use amounts from fines, penalties, and forfeitures of articles due to violations of the U.S. customs laws to pay for expenses directly related to the investigation and enforcement of such violations, including expenses related to training and education of certain specialists who participate in the enforcement of such laws. Authorizes the use of such amounts also to pay for a reward of the lesser of at least 20% of that amount or $20,000 to any person who furnishes information that leads to an arrest, conviction, civil penalty assessment, or forfeiture of articles due to violations enforced by the Secretary, the Commissioner, or the Secretary of the Treasury. Directs the Commissioner to ensure specified staffing of the Textile Operations Branch of TAPP, of TAPP, and of the Quota Branch of TAPP. Requires the Commissioner to certify, with respect to the 15 largest U.S. ports of entry for textile or apparel articles, that a certain number of Import Specialists are trained in preventing textile or apparel importer fraud, trade preference verification, and undervaluation. Requires the Commissioner also to increase the number of dedicated textile and import specialists at such ports by 25%. Amends the Tariff Act of 1930 to require the Secretary of the Treasury (who is now merely authorized) to publish in the Federal Register: (1) the names of persons located outside of the U.S. customs territories against whom the CBP has issued a penalty claim for violating U.S. customs laws, including for violations of quotas, duties, or trade preferences; and (2) a list of high-risk countries involved in the transshipment of textile or apparel products. Requires the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, to establish an electronic verification system for tracking textile or apparel articles imported or exported under the CAFTA-DR, NAFTA, or any other free trade agreement to which the United States is a party to ensure compliance with such agreements. Directs the Commissioner to establish a new textile and apparel importer program that requires the CBP to adjust bond amounts for new importers of textile and apparel goods based on the level of assessed risk. Requires the Commissioner to establish a nonresident importer declaration program for the import of textile or apparel articles. Directs the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, to establish an electronic Textile and Apparel Manufacturing Supplier Registry pilot program.
United States · United States Congress · 1 August 2011
Repeals the Legal Services Corporation Act (established a federally funded nonprofit corporation to provide financial support for legal assistance in noncriminal matters to persons financially unable to afford such assistance).
United States · United States Congress · 28 July 2011
Condemns: (1) the terrorist attacks that occurred in Norway on July 22, 2011, causing many deaths and injuries; and (2) all terrorist actions motivated by hatred and religious or cultural intolerance. Expresses sympathy to the victims of the atrocious acts, their families, and the people and government of Norway. Emphasizes the bonds of friendship and shared heritage between the United States and Norway. Calls on all nations to join together to denounce acts of hatred and fear and promote peace and tolerance around the world.
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 · 18 July 2011
Reaffirms the U.S. arms embargo on China. Calls upon the President, consistent with the Taiwan Relations Act, to clarify his policy towards Taiwan and to reaffirm support for U.S. allies in the region. Expresses concern over China's repression of political dissidents and religious and ethnic minorities. Reasserts that it should be U.S. policy to oppose any diminution of the European Union (EU) arms embargo against China.
United States · United States Congress · 15 July 2011
Cut, Cap, and Balance Act of 2011 - Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that would cause the discretionary spending limits established in this Act to be exceeded. Establishes the discretionary spending limits for FY2012 as $1,019,402,000,000 in new budget authority and $1,224,568,000,000 in outlays. Authorizes the Chairman of the Senate Committee on the Budget to adjust such limits, budgetary aggregates in the most recently adopted concurrent budget resolution, and CBA committee allocations if a bill or joint resolution is reported making appropriations for FY2012 that provides funding for the global war on terrorism. Makes it out of order in both chambers to consider any legislation that includes any provision that would cause total direct spending to exceed the spending limit specified in this Act. Exempts from such spending limits: (1) Social Security, function 650; (2) Medicare, function 570; (3) Veterans Benefits and Services, function 700; and (4) Net Interest, function 900. Makes $680.73 billion the limit on total combined outlays for all non-exempt direct spending for FY2012. Amends the CBA to prescribe requirements for implementing sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to enforce the discretionary and direct spending caps in this Act. Exempts from any sequestration orders: (1) payments for military personnel accounts (within subfunctional category 051), (2) TRICARE for Life, (3) Medicare (functional category 570), (4) military retirement, (5) Social Security (functional category 650), (6) veterans (functional category 700), (7) net interest (functional category 900), and (8) discretionary appropriations. Makes it out of order in both chambers to consider legislation which waives, modifies, or in any way alters a sequestration order unless the chair of the House or Senate Committee on the Budget certifies that the measure achieves the same levels of reductions in new budget authority and outlays for the applicable year in such order. Amends the CBA to prescribe requirements for enforcing GDP outlay limits. Requires: (1) the Office of Management and Budget (OMB) to establish in the President's budget the GDP outlay limit for the budget year, and (2) total federal outlays to include all on-budget and off-budget outlays. Amends the CBA to make it out of order in both chambers to consider any legislation that would cause the most recently reported current GDP outlay limits set forth in this Act to be exceeded. Prohibits the Secretary of the Treasury from exercising additional borrowing authority until the date that the Archivist of the United States transmits to the states for their ratification H.J. Res. 1 (as reported on June 23, 2011), S.J. Res. 10 (as introduced on March 31, 2011), or H.J. Res. 56 (as introduced on April 7, 2011), a balanced budget amendment to the Constitution, or a similar amendment if it requires that total outlays not exceed total receipts, contains a spending limitation as a percentage of GDP, and requires that tax increases be approved by a two-thirds vote in both chambers. Increases the public debt from $14.294 trillion to $16.7 trillion on the date such legislation is transmitted to the states.
United States · United States Congress · 15 July 2011
Free File Program Act of 2011 - Authorizes and directs the Secretary of the Treasury to continue to implement and operate the Internal Revenue Service (IRS) Free File program (free online individual income tax preparation and electronic filing services provided by the private sector technology industry to lower income taxpayers).
United States · United States Congress · 14 July 2011
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
Directs the Secretary of State to: (1) withhold 20% of U.S. assessed and voluntary contributions to the Organization of American States (OAS) for every permanent council meeting at which Article 20 of the Inter-American Charter is not invoked with regard to Venezuela's recent constitutional reforms, and (2) resume making such contributions upon the invocation of Article 20 and the discussion of Venezuela's violation of the Inter-American Democratic Charter at a meeting of the Permanent Council of the OAS.
United States · United States Congress · 14 July 2011
Restoring Access to Medication Act - Repeals provisions of the Patient Protection and Affordable Care Act that limited payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin. Rescinds appropriated but unobligated discretionary funds determined by the Director of the Office of Management and Budget (OMB) to be equal to the reduction in tax revenues resulting from the repeal in this Act. Requires the Director to report to the Secretary of the Treasury and Congress the accounts and amounts identified for rescission. Exempts unobligated funds of the Department of Veterans Affairs (VA) or the Social Security Administration (SSA).
United States · United States Congress · 13 July 2011
Academic Partnerships Lead Us to Success Act or A PLUS Act - Allows each state to enter into a five-year performance agreement with the Secretary of Education permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965. Requires each agreement to be approved by a combination of specified state parties, and list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires them to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows amendments to the scope of performance agreements. Requires each agreement state to: (1) maintain an accountability system measuring annual student progress toward state proficiency standards, (2) disseminate annually student performance data disaggregated by specified student groups, and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment. Limits administrative expenses. Requires the inclusion of private schools and teachers in activities funded on a consolidated basis. Directs the Secretary to evaluate each performance agreement midway through its execution. Allows the Secretary to terminate an agreement whose terms are not met for three consecutive school years.
![Official portrait of Rep. Myrick, Sue Wilkins [R-NC-9]](https://www.congress.gov/img/member/m001134_200.jpg)