United States · United States Congress · 6 April 2011
Employment Non-Discrimination Act - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Prohibits related retaliation. Makes this Act inapplicable to: (1) religious organizations, and (2) the relationship between the United States and members of the Armed Forces. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran. Provides for the construction of this Act regarding: (1) enforcement by employers of rules and policies, (2) sexual harassment, (3) certain shared facilities such as showers or dressing facilities, (4) construction of new or additional facilities, (5) dress and grooming standards, and (6) provision of employee benefits to married vs. unmarried couples. Declares that, in this Act, "married" refers to marriage as that term is defined in the Defense of Marriage Act (a legal union between one man and one woman). Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived sexual orientation or gender identity or compelling the collection by covered entities of such statistics. Provides for enforcement, including giving the EEOC, the Librarian of Congress, the Attorney General, and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws. Allows actions and proceedings, subject to exception, against the United States and the states.
United States · United States Congress · 6 April 2011
Lung Cancer Mortality Reduction Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to implement a comprehensive program to achieve a 50% reduction in the mortality rate of lung cancer by 2020. Requires the program to include initiatives throughout HHS, including: (1) a strategic review and prioritization by the National Cancer Institute of research grants; (2) the establishment by the Food and Drug Administration (FDA) of quality standards and guidelines for facilities that conduct computed tomography screening for lung cancer; and (3) the provision of funds to the Centers for Disease Control and Prevention (CDC) to establish a Lung Cancer Early Detection Program that provides low-income, uninsured, and underserved populations that are at high risk for lung cancer access to early detection services. Requires the Secretary of Defense (DOD) and the Secretary of Veterans Affairs (VA) to coordinate with the Secretary of HHS in implementing this Act and implementing coordinated care programs for military personnel and veterans diagnosed with lung cancer. Requires the Secretary of HHS to establish: (1) the Lung Cancer Computed Tomography Screening and Treatment Demonstration Project; and (2) the Lung Cancer Advisory Board to monitor the programs established under this Act.
United States · United States Congress · 6 April 2011
Health Outcomes, Planning, and Education for Alzheimer's Act - Amends title XVIII (Medicare) of the Social Security Act to cover comprehensive Alzheimer's disease and related dementia diagnosis and services.
United States · United States Congress · 6 April 2011
Keeping All Students Safe Act - Directs the Secretary of Education (Secretary) to establish minimum standards that: (1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety; (2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken; (3) require states and local educational agencies (LEAs) to ensure that a sufficient number of school personnel receive state-approved crisis intervention training and certification in first aid and certain safe and effective student management techniques; (4) prohibit physical restraint or seclusion from being written into a student's education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and (5) require schools to establish procedures to notify parents in a timely manner if physical restraint or seclusion is imposed on their child. Authorizes the Secretary to award grants to states and, through them, competitive subgrants to LEAs to: (1) establish, implement, and enforce policies and procedures to meet such standards; (2) improve their capacity to collect and analyze data related to physical restraint and seclusion; and (3) implement school-wide positive behavior supports. Requires LEAs to allow private school personnel to participate, on an equitable basis, in activities supported by such grants and subgrants. Directs the Secretary to conduct a national assessment of this Act's effectiveness. Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act's protections for students. Directs the Secretary of Health and Human Services (HHS) to establish standards for Head Start agencies that are consistent with the minimum standards for the management of elementary and secondary school students. Authorizes the Secretary to allocate funds to the Secretary of HHS to assist Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet such standards.
United States · United States Congress · 5 April 2011
Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2011 or Josh Miller HEARTS Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in their schools, and/or (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where an AED is to be used successfully complete training in its use and in cardiopulmonary resuscitation (CPR). Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures, and (2) emergency services personnel are notified of their locations. Gives grant priority to schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; (3) generally have a longer wait for emergency medical services than other public facilities in the community; and (4) have not received funds under the Rural Access to Emergency Devices Act.
United States · United States Congress · 4 April 2011
Restroom Gender Parity in Federal Buildings Act - Requires the Federal Acquisition Regulation to be revised to: (1) direct federal procurement executives involved in the acquisition, construction, or major renovation of any facility to increase infrastructure gender parity by constructing buildings in such a way that the number of toilets in women's restrooms will equal or exceed the number of toilets (including urinals) in men's restrooms or, if such a number is unachievable or not feasible, to receive a statement by the Administrator of General Services (GSA) as to why such a number of toilets is not needed; and (2) direct federal procurement executives involved in leasing buildings to give preference to the leasing of facilities that meet or exceed the female toilet to male toilet ratio of one to one. Requires the Director of Federal Procurement Policy to issue guidance to all federal procurement executives providing direction and instructions to renegotiate the design of proposed facilities, renovations for existing facilities, and leased facilities to incorporate improvements that are consistent with this Act.
United States · United States Congress · 4 April 2011
United States Postal Service Pension Obligation Recalculation and Restoration Act of 2011 - Prescribes the "average pay" and the appropriate percentage thereof to be used in determining annuities for civilian employment with the United States Postal Service (USPS) for purposes of provisions relating to future benefits attributable to such employment in order to calculate the amount of any USPS surplus or supplemental liability under the Civil Service Retirement System. Requires the Office of Personnel Management (OPM): (1) within six months after enactment of this Act, to determine (or, if applicable, redetermine) the amount of such surplus or liability as of the close of the most recently ending fiscal year using the methodology required under this Act; and (2) if the result is a surplus, to transfer the surplus amount to the Postal Service Retiree Health Benefits Fund within 15 days after the determination of a surplus. Provides for an alternate determination of an USPS surplus or supplemental liability for FY2016-FY2020. Requires transfer of certain surplus postal retirement contributions in FY2011 to the Postal Service Retiree Health Benefits Fund or the Employees' Compensation Fund under the Federal Employees' Compensation Act (FECA). Expresses the intent of Congress that this Act shall apply to allocations of past, present, and future benefit liabilities between the USPS and the Treasury.
United States · United States Congress · 1 April 2011
Global Sexual and Reproductive Health Act of 2011 - Authorizes the President to provide assistance to: (1) support the achievement of universal access to sexual and reproductive health in developing countries and to ensure that individuals and couples can freely and responsibly determine the number, timing, and spacing of their children and have the means to do so; (2) reduce the incidence of unsafe abortion in developing countries and provide care for women experiencing injury or illness from complications of unsafe abortion; (3) ensure that sexual and reproductive health services are provided in developing countries at every phase of a humanitarian emergency; and (4) ensure access to sexual and reproductive health care for young people in developing countries. Directs the President to implement a strategy to improve and create linkages among the various components of sexual and reproductive health to ensure that individual men and women are provided with a continuum of appropriate sexual and reproductive health services. States that assistance under this Act shall: (1) promote coordination between and among donors, the private sector, nongovernmental and civil society organizations, and governments in order to support sexual and reproductive health programs in developing countries; and (2) be used for the conduct of formative research and to monitor and evaluate program effectiveness.
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 · 1 April 2011
Recognizes the coordinated struggle of workers during the 1968 Memphis sanitation workers strike to voice their grievances and reach a collective agreement for rights in the workplace. Honors the perseverance of the 1,300 members of Local 1733 in urging social and economic equality in the workplace. Recognizes the contributions of all those unnamed who participated in the fight for justice during the strike.
United States · United States Congress · 31 March 2011
Liberian Refugee Immigration Fairness Act of 2011 - Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2011, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed not later than one year after the date of enactment of this Act.
United States · United States Congress · 31 March 2011
Armed Forces Suicide Prevention Act of 2011 - Directs the Secretary of Defense to enhance the suicide prevention program of the Department of Defense (DOD) through the provision of suicide prevention information and resources to members of the Armed Forces from their initial enlistment or appointment through their final retirement or separation. Requires the Secretary of each military department (Secretary concerned) to include a training component on suicide prevention, which shall include: (1) methods for recognizing suicide risk factors; (2) protocols for responding to crisis situations involving members who may be at high risk for suicide; and (3) information about available suicide prevention services and best practices for suicide prevention. Directs the Secretary concerned to notify members of the the availability of and access to suicide prevention services during their preseparation counseling. Requires medical evaluations for the diagnosis of post-traumatic stress disorder or traumatic brain injury in members who were deployed overseas in support of a contingency operation to also include the provision of information on the availability of suicide prevention services and the member's right of access to such services.
United States · United States Congress · 31 March 2011
Fiscal Fairness Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to condition local educational agency (LEA) receipt of school improvement funds on: (1) an average state and local spending per pupil in each school receiving school improvement funds of at least 97% of such spending per pupil across all of the LEA's schools that are not receiving such funds; and (2) an average state and local spending per pupil in each higher poverty school of at least 97% of such spending per pupil across all lower poverty schools, if the LEA is serving all of its schools under part A. Allows LEAs to meet such requirement across all schools or among schools serving a particular grade span if they compare schools within no more than three grade spans. Directs the Inspector General of the Department of Education, in the fourth and fifth years after this Act's enactment, to audit 5 states and 10 LEAs to determine their progress in meeting these requirements. Requires annual LEA report cards to include certain information on state and local spending per pupil in schools. Requires states to provide the public with annual up-to-date school-by-school listings of per-pupil state and local spending.
United States · United States Congress · 30 March 2011
Native Hawaiian Government Reorganization Act of 2011 - Establishes the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior. Establishes the Native Hawaiian Interagency Coordinating Group. Recognizes the right of the qualified Native Hawaiian constituents to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents. Establishes a Commission to: (1) prepare and maintain a roll of such constituents, and (2) certify that individuals on the roll meet the definition of qualified Native Hawaiian. Outlines the process for the reorganization, which includes forming a Native Hawaiian Interim Governing Council. Reaffirms the special political and legal relationship between the United States and the Native Hawaiian people upon the Secretary's approval of the organic governing documents and the installation of officers elected to the Native Hawaiian governing entity. Extends federal recognition to the governing entity as the representative sovereign governing body of the Native Hawaiian people. Authorizes the United States, upon the reaffirmation of such political and legal relationship, together with the state of Hawaii, to enter into negotiations with the governing entity for an agreement addressing matters that include: (1) land, natural resource, and asset transfers; (2) governing powers and responsibilities; and (3) grievances. Prohibits Native Hawaiians or their governing entity from conducting gaming activities as a matter of claimed inherent authority or under the authority of federal law.
United States · United States Congress · 17 March 2011
Stop Trading on Congressional Knowledge Act - Amends the Securities Exchange Act of 1934 and the Commodity Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress, (2) by reason of being a Member or employee of Congress, or (3) from other federal employees and derived from their federal employment. Amends the Code of Official Conduct of the Rules of the House of Representatives to prohibit any Member, officer, or employee of the House from disclosing material nonpublic information relating to any pending or prospective legislative action relating to any publicly-traded company or to any commodity if such person has reason to believe that the information will be used to buy or sell the securities of that publicly traded company or that commodity for future delivery based on such information. Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities and commodities futures transactions to either the Clerk of the House of Representatives or the Secretary of the Senate. Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements, as well as requirements for identification of clients and covered legislative and executive officials, all political intelligence activities, contacts, firms, and consultants. Requires the Comptroller General to include political intelligence activities, contacts, firms, and consultants in its annual compliance audits and reports.
United States · United States Congress · 17 March 2011
No Stolen Trademarks Honored in America Act - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (under current law, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated.
United States · United States Congress · 17 March 2011
IDEA Fairness Restoration Act - Amends the Individuals with Disabilities Education Act to include expert witness fees, including the reasonable costs of any test or evaluation necessary for the preparation of the parents' or guardians' case in the action or proceeding, within the definition of "attorneys' fees" that may be awarded to the prevailing party in a civil action brought under such Act.
United States · United States Congress · 17 March 2011
Patriot Corporations of America Act of 2011- Grants after 2011 a preference to Patriot corporations in the evaluation of bids or proposals for federal contracts. Defines "Patriot corporation" as a corporation which: (1) produces at least 90% of its goods and services in the United States; (2) does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee; (3) conducts at least 50% of its research and development in the United States; (4) contributes at least 5% of its payroll to a portable pension fund for its employees; (5) pays at least 70% of its employees' health insurance costs; (6) maintains a policy of neutrality in employee organizing drives; (7) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty; and (8) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections. Amends the Internal Revenue Code to: (1) reduce the income tax rate for Patriot corporations; (2) reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes; and (3) increase, for the period between January 1, 2011, and December 31, 2012, the income tax rate for individual taxpayers with adjusted gross incomes of $500,000 or more ($1 million or more for joint returns).
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
Medicare Lung Cancer Early Detection Promotion Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to prescribe an increased radiologist service payment for chest radiography (x-ray) services that use Computer Aided Detection technology for the early detection of lung cancer.
United States · United States Congress · 17 March 2011
Calls on Turkey to: (1) eliminate all forms of discrimination, particularly those based on race or religion, and grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession; (2) safeguard religious and human rights; (3) continue the advancement of processes and programs to modernize and democratize its own society; (4) respect international law, European Union laws, and the basic tenets of human rights; and (5) prove that it is ready to meet the criteria set forth by the Copenhagen European Council prior to its accession into the European Union.
United States · United States Congress · 17 March 2011
Commends United Nations Secretary-General Ban Ki-moon for creating the three-person panel to advise the Secretary-General on the implementation of the government of Sri Lanka's commitment to human rights accountability. Urges the government of Sri Lanka, the international community, and the United Nations (U.N.) to establish an independent international accountability mechanism to look into reports of war crimes, crimes against humanity, and other human rights violations committed by both sides during and after the war in Sri Lanka. Urges the government of Sri Lanka to allow humanitarian organizations, aid agencies, journalists, and international human rights groups greater freedom of movement, including in internally-displaced persons camps. Insists that the President develop a policy towards Sri Lanka that reflects U.S. interests.
United States · United States Congress · 17 March 2011
Recognizes the historical significance of the Triangle Shirtwaist Company fire (Triangle Fire) that occurred in New York City on March 25, 1911, in the struggle to improve worker safety standards and protections. Honors the Triangle Fire victims.
United States · United States Congress · 16 March 2011
Respect for Marriage Act - Amends the Defense of Marriage Act to repeal a provision that prohibited a state, territory, possession, or Indian tribe from being required to recognize any public act, record, or judicial proceeding of any other state, territory, possession, or tribe respecting a same sex marriage. Amends the federal rules of construction added by such Act concerning the definitions of "marriage" and "spouse" to provide that, for purposes of any federal law in which marital status is a factor, an individual shall be considered married if that individual's marriage is valid in the state where the marriage was entered into or, in the case of a marriage entered into outside any state, if the marriage is valid in the place where entered into and the marriage could have been entered into in a state. Removes the definition of "spouse" (currently, a person of the opposite sex who is a husband or a wife).
United States · United States Congress · 16 March 2011
Fair Employment Act of 2011 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to add unemployment status to the categories of prohibited discrimination. Defines "unemployment status" as being unemployed, having actively looked for employment during the then most recent four-week period, and currently being available for employment.
United States · United States Congress · 15 March 2011
Dorothy I. Height and Whitney M. Young, Jr. Social Work Reinvestment Act - Directs the Secretary of Health and Human Services (HHS) to establish the Social Work Reinvestment Commission to provide independent counsel to Congress on policy issues associated with the recruitment for, and retention, research, and reinvestment in, the profession of social work. Directs the Commission to study and report to Congress on issues facing the social work profession, including: (1) fair market compensation, high social work educational debt, social work workforce trends, translating social work research to practice, and social work safety; and (2) state-level social work licensure policies and reciprocity agreements for providing services across state lines. Requires such study to assess the professional capacity of the social work workforce to serve and respond successfully to the increasing biopsychosocial needs of individuals, groups, and communities in certain areas, including aging and child welfare. Terminates the Commission 30 days after it submits such report within 18 months of its first meeting. Authorizes the Secretary to award: (1) workplace improvement grants to eligible entities and individuals to address workplace concerns for the social work profession, including caseloads, compensation, social work safety, supervision, and working conditions; and (2) research grants, education and training grants, and community-based programs of excellence grants. Directs the Secretary to: (1) contract with a national social work entity to serve as a coordinating center and clearinghouse for information on activities funded under the grants, and (2) develop a multi-media outreach campaign and issue public service announcements that advertise and promote the social work profession.
United States · United States Congress · 15 March 2011
Repealing Ineffective and Incomplete Abstinence-Only Program Funding Act of 2011 - Amends title V (Maternal and Child Health Services) of the Social Security Act to: (1) eliminate the abstinence-only education program, (2) rescind unobligated FY2010-FY2011 program appropriations, and (3) reprogram such rescinded appropriations for the personal responsibility education program (PREP) for FY2012-FY2014.
United States · United States Congress · 15 March 2011
Sergeant Coleman S. Bean Reserve Component Suicide Prevention Act - Directs the Secretary of Defense (DOD) to ensure that each of the following individuals receive, at least once every 90 days, a telephone call from properly-trained DOD personnel to determine their emotional, psychological, medical, and career needs and concerns: (1) members of the Individual Ready Reserve who deployed to Afghanistan or Iraq in support of a contingency operation, (2) a member of a reserve component who the Secretary determines is an individual mobilization augmentee who has so deployed, or (3) a member of the inactive National Guard. Requires the person making the call to refer a member identified as being at-risk of self-caused harm to the nearest military medical treatment facility or accredited TRICARE (a DOD managed health care program) provider for immediate evaluation and necessary treatment. Directs the Secretary to refer such member to a private provider upon determining that such provider will ensure that the member will receive treatment and assistance without delay. Requires annual reports from the Secretary to Congress on the number of members so referred, their health and career status, and any situations that may be impeding the counseling calls from reaching all appropriate members. Requires a one-time report from the Comptroller General to Congress on suicide among such members. Directs the Secretary to develop, evaluate, and more widely disseminate programs that promote: (1) connectivity between members of the Armed Forces and their family, peers, and immediate chain of command; and (2) suicide risk identification and response, with particular emphasis on members of reserve components.
United States · United States Congress · 15 March 2011
Mourns with the people of Japan and all the countries affected for the horrific loss of life caused by the earthquake and tsunami on March 11, 2011. Expresses deepest condolences to the victims' families. Applauds the commitments of support and humanitarian efforts by the international community, relief agencies, and private citizens. Reaffirms the longstanding friendship between the United States and Japan. Pledges full support and solidarity with the people of Japan and all others affected by this tragedy as they struggle to rebuild their lives. Urges the U.S. government to continue to provide assistance to Japan and damaged U.S. communities during their recovery and reconstruction efforts.
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
Federal Firefighters Fairness Act of 2011- Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus, and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment if the employee is diagnosed with the disease within 10 years of the last active date of employment in fire protection activities; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention (CDC) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.
United States · United States Congress · 14 March 2011
Fitness Integrated with Teaching Kids Act or FIT Kids Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require annual state and local educational agency report cards to include specified information on school health and physical education programs. Includes the promotion of healthy, active lifestyles by students within ESEA grant programs that support school counseling, smaller learning communities, community learning centers, and parental involvement in their childrens' education. Revises the professional development program for teachers and principals to include training for physical and health education teachers, and training on improving students' health habits and participation in physical activities. Directs the Secretary of Education to contract with the National Academy of Sciences (NAS) for a study that: (1) assesses the effect health and physical education have on students' ability to learn; and (2) makes recommendations for improving, and measuring improvements to, their health and physical education in schools.
United States · United States Congress · 11 March 2011
Tyler Clementi Higher Education Anti-Harassment Act of 2011 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except a foreign school) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported. Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school. Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs. Directs the Secretary to publish a report of best practices for combating harassment at IHEs.
United States · United States Congress · 10 March 2011
Assessing Progress in Haiti Act - Directs the President to report to Congress regarding the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease.
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
Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.
United States · United States Congress · 10 March 2011
Medicare Prescription Drug Savings and Choice Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for: (1) establishment of one or more Medicare operated prescription drug plan options; and (2) an appeals process for denials of benefits under a Medicare operated prescription drug plan.
United States · United States Congress · 3 March 2011
Fast Track to College Act of 2011 - Authorizes the Secretary of Education to award matching six-year grants to local educational agencies (LEAs) that partner with institutions of higher education (IHEs) to establish or support dual enrollment programs, such as early college high schools, that allow secondary school students to earn credit simultaneously toward a secondary school diploma and a postsecondary degree or certificate. Gives grant priority to applicants: (1) that propose to establish or support a dual enrollment program for a student body at least 40% of which is impoverished; and (2) from states that provide assistance to dual enrollment programs, such as assistance defraying the costs of higher education. Requires applicants to make assurances that: (1) students will not be required to pay tuition or fees for postsecondary courses, and (2) those courses will be taught by faculty that meet their partner IHE's normal standards. Authorizes the Secretary to award matching five-year grants to states to: (1) plan and implement statewide strategies to make dual enrollment programs more accessible to students who are underrepresented in postsecondary education; (2) provide technical assistance to dual enrollment programs; and (3) engage in outreach, assessment, and teacher training activities designed to strengthen such programs. Directs the Secretary to: (1) contract for an independent evaluation of this Act's programs; and (2) provide technical assistance to LEAs and their partners, and disseminate information concerning best practices in dual enrollment programs.
United States · United States Congress · 3 March 2011
Medication Therapy Management Benefits Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require that the annual comprehensive medication review include creation of a personal medication record and a recommended medication action plan in consultation with the individual and the prescriber. Requires medication therapy management (MTM) services to include targeted medication reviews furnished person-to-person by a licensed pharmacist offered at least once every quarter to: (1) assess medication use since the last annual comprehensive medication review, (2) monitor unresolved issues, or (3) identify problems with new drug therapies or if the individual has experienced a transition in care. Increases the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services. Requires a prescription drug plan (PDP) sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows licensed pharmacists or other qualified providers to identify potential enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.
United States · United States Congress · 3 March 2011
Colorectal Cancer Prevention, Early Detection, and Treatment Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states and Indian tribes to carry out programs to increase quality colorectal cancer screening. Requires such a program to include: (1) providing recommended colorectal cancer screening to individuals who are over 50 years of age or at high risk for such cancer; (2) providing case management and referrals for medical treatment; (3) ensuring the full continuum of follow-up and cancer care for individuals screened; (4) carrying out activities to improve the education, training, and skills of health professionals to ensure the use of evidence-based recommended and quality screening and follow-up in the prevention, detection, and control of colorectal cancer; and (5) developing and disseminating public information and education programs for the prevention, detection, and control of colorectal cancer and promoting the benefits of receiving screenings through this program. Gives priority to low-income individuals who lack adequate coverage under health insurance and health plans with respect to screenings for colorectal cancer. Allows the Secretary to provide training and technical assistance with respect to the planning, development, and operation of programs funded by a grant under this Act. Amends title XIX (Medicaid) of the Social Security Act to allow states to provide medical assistance to individuals who have been screened for colorectal cancer under this Act and who need treatment for complications due to screening or colorectal cancer. Applies provisions related to breast and cervical cancer programs to programs under this Act.
United States · United States Congress · 2 March 2011
United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of one-third of the remainder each to the National Center for Missing and Exploited Children, the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial, and to the Federal Law Enforcement Officers Association Foundation. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins.
United States · United States Congress · 2 March 2011
Humphrey-Hawkins 21st Century Full Employment and Training Act or Work Opportunities and Revitalizing Our Communities Act - Directs the Secretary of Labor to establish a Full Employment National Trust Fund with two separate accounts for: (1) Employment Opportunity Grants to states, local governments, and Indian tribes for job-creating activities in communities whose economy is not at a level of full employment; and (2) Workforce Investment programs. Directs the Secretary to convene a national employment conference to bring together leaders of small, medium, and large businesses, labor, government, and other parties to discuss employment, with particular attention to structural unemployment and the plight of disadvantaged youth. Amends the Workforce Investment Act of 1998 to revise member composition requirements for state and local workforce investment boards to include at least 25% of the chief executive officers of minority-serving, community-based organizations. Amends the Internal Revenue Code to impose a tax on certain covered securities transactions, payable by trading facilities that deal in such transactions.
United States · United States Congress · 2 March 2011
Adult Day Achievement Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. Requires the Assistant Secretary to identify ongoing successful adult day programs and develop a set of best practices to help guide the establishment and replication of additional successful adult day programs. Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund adult day programs. Defines an "adult day program" as a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions and to their family caregivers and that may assist participants in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease or condition; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (6) address the needs of veterans living with such diseases or conditions.
United States · United States Congress · 1 March 2011
Authorizes the Peace Corps Commemorative Foundation to establish a commemorative work on federal land in the District of Columbia to commemorate the formation of the Peace Corps and the ideals of world peace and friendship upon which it was founded.
United States · United States Congress · 1 March 2011
Amends the Internal Revenue Code with respect to the charitable tax deduction for contributions of qualified vehicles (i.e., highway motor vehicles, boats, or airplanes) to: (1) set forth revised acknowledgment requirements for vehicles valued at $2,500 or less and vehicles valued at more than $2,500; and (2) revise the penalty for submitting a fraudulent acknowledgment.
United States · United States Congress · 1 March 2011
Condemns the government of Iran for its state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights. Calls on the government of Iran to release seven specified imprisoned Baha'i leaders and all other prisoners held on account of their religion, including: Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid Tizfahm, Ms. Raha Sabet, and Mr. Navid Khanjani. Calls on the President and Secretary of State, in cooperation with the international community, to condemn Iran's continued violation of human rights and demand the release of prisoners held on account of their religion, including the above-named individuals. Urges the President and Secretary to utilize all available measures, such as those available under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Executive Order 13553, to sanction Iranian government officials and other individuals directly responsible for human rights violations in Iran, including against the Baha'i community.
United States · United States Congress · 28 February 2011
Puppy Uniform Protection and Safety Act - Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: (1) has an ownership interest in or custody of one or more breeding female dogs; and (2) sells, via any means of conveyance, more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer. Requires dealers to include on licensing applications and annual renewals the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian. Requires the Secretary of Agriculture (USDA) to promulgate requirements for the exercise of dogs at facilities owned or operated by a dealer, including requiring daily access to exercise that: (1) allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and (2) is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping. Allows an exemption if: (1) a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog; and (2) such determination is reviewed and updated at least once every 30 days by the veterinarian, unless the basis for the determination is a permanent condition. Subjects such a determination to review and approval by the Secretary.
United States · United States Congress · 18 February 2011
Directs the Secretary of Veterans Affairs (VA) to ensure that the Women Veterans Bill of Rights is displayed prominently in each VA facility and distributed widely to such veterans. Enumerates health care rights to be included in the Bill of Rights, including the right to: (1) coordinated, comprehensive, primary women's health care at every VA medical facility; (2) treatment by clinicians with specific training and experience in women's health issues; and (3) gender equity in access to and the provision of clinical health care services.
![Official portrait of Rep. Payne, Donald M. [D-NJ-10]](https://www.congress.gov/img/member/p000149_200.jpg)