United States · United States Congress · 17 November 2011
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 14 November 2011
Fallen Heroes of 9/11 Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of congressional gold medals in honor of the men and women who perished as a result of the September 11, 2001, terrorist attacks on the United States to the Flight 93 National Memorial in Pennsylvania, the National September 11 Memorial and Museum in New York, and the Pentagon Memorial at the Pentagon. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medals, with amounts received from the sale to be deposited in the United States Mint Public Enterprise Fund.
United States · United States Congress · 10 November 2011
Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act or Medicare and Medicaid FAST Act - Amends part D (Prescription Drug Benefits) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to prohibit sponsors of prescription drug plans (PDPs) from paying claims for prescription drugs that do not include the valid National Provider Identifier for the drug's prescriber. Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter fraudulent use of it. Amends SSA title XIX (Medicaid), for any state that has established a State Prescription Drug Monitoring Program meeting certain requirements, to decrease by 10% the federal medical assistance percentage (FMAP) with respect to any amounts recovered by or paid to the state related to an overpayment due to fraud, waste, or abuse. Allows the state to use such amounts to support its State Prescription Drug Monitoring Program. Directs the Secretary of HHS and the Attorney General jointly to establish a Commission to examine interoperability and other issues related to State Prescription Drug Monitoring Programs. Directs the Attorney General to: (1) update daily the Drug Enforcement Administration (DEA) database of persons registered to manufacture, distribute, or dispense a controlled substance under the Controlled Substances Act to reflect any changes in the information in the Death Master File of the Social Security Administration; (2) agree with the Commissioner of Social Security to obtain death information in order to update such database; (3) establish procedures and rules to restrict access to the database to deter its fraudulent use; and (4) establish procedures and rules to review and investigate pharmacy claims under Medicare part D that contain a registration number not assigned to a practitioner by the Attorney General under the Controlled Substances Act. Amends SSA title XVIII to require certain annual reports to describe the types and financial costs to the Medicare program of improper payment vulnerabilities identified by Recovery Audit Contractors (RACs). Requires the Secretary of HHS to develop a plan to revise the beneficiary incentive program under the Health Instance Portability and Accountability Act of 1996 (HIPAA) to encourage greater participation by individuals in reporting fraud and abuse in the Medicare program. Requires the Secretary of HHS to: (1) establish and implement procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries; and (2) ensure that each newly issued Medicare identification card meets specified requirements. Directs the Secretary of HHS to establish a pilot program utilizing smart card technology to evaluate its applicability to the Medicare program and whether such cards would be effective in preventing Medicare fraud. Directs the Secretary of HHS to establish policies and procedures for a process to require prior authorization for initial claims for reimbursement for standard power wheelchairs. Requires the Secretary of HHS, the HHS Inspector General, and the Attorney General to increase coordination and data sharing. Directs the Secretary of HHS to establish: (1) automated prepayment review of all Medicare claims, (2) a plan to facilitate the inclusion of states in the Medicare-Medicaid Data Match Program, and (3) a plan that allows each state Medicaid agency access to relevant data on improper or erroneous Medicare payments for items or services for dual eligible individuals. Prohibits Medicaid payments as well as payments under SSA title XXI (State Children's Health Insurance Program) (CHIP) unless a claim contains a valid beneficiary identification number and a valid National Provider Identifier. Directs the Secretary to establish Medicare administrative contractor error reduction incentives. Requires the provider enrollment process and provider screening to be separate from any contract to serve as a Medicare administrative contractor. Directs the Secretary of HHS to report to Congress on measurable metrics for improving Medicare contractor performance. Amends SSA title XI to establish penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification number or billing privileges.
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 · 3 November 2011
Child Marriage Violates the Human Rights of Girls Act of 2011 - Defines "child marriage" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident, or where there is no such law, under the age of 18. Expresses the sense of Congress that: (1) child marriage is a violation of human rights and its prevention and elimination should be a U.S. foreign policy goal; and (2) educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to U.S. global health and development objectives, including efforts to prevent HIV/AIDS. Directs the Secretary of State, the Administrator of the United States Agency for International Development (USAID), and the heads of other relevant departments and agencies to collect and make available data on the incidence of child marriage in specified countries that receive U.S. foreign or development assistance where the practice of child marriage is prevalent. Amends the Foreign Assistance Act of 1961 to require that Department of State reports on human rights practices for specified countries include a description of the status of child marriage for each country in which child marriage is prevalent.
United States · United States Congress · 3 November 2011
Songwriters Tax Simplification Reauthorization Act - Amends the Internal Revenue Code, with respect to the tax deduction for depreciation, to make permanent the taxpayer election to amortize over a five-year period expenses incurred in creating or acquiring a musical composition or any copyright with respect to such composition.
United States · United States Congress · 14 October 2011
Constitutional Amendment - Prohibits total outlays (except those for payment of debt) for a year from exceeding the average annual revenue (except that derived from borrowing) collected in the three prior years, adjusted in proportion to changes in population and inflation. Requires a two-thirds roll call vote of each chamber to declare an emergency and provide by law for specific outlays in excess of such limit. Requires the declaration to specify reasons for the emergency designation and to limit the period in which outlays may exceed such limit to no longer than one year. Requires all revenue in excess of outlays: (1) to reduce the federal debt; and (2) upon the retirement of such debt, to be held by the Treasury to be used for the specific outlays in excess of such limit. Prescribes a formula for reducing outlays over ten years.
United States · United States Congress · 13 October 2011
Marketplace Equity Act of 2011 - Authorizes states to require all sellers making remote sales to collect and remit sales and use taxes with respect to such sales into the state, without regard to the location of the seller, if such states implement a simplified system for administration of sales and use tax collection for remote sellers. Requires such a system to include, at a minimum: (1) an exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales not exceeding $1 million in the United States or not exceeding $100,000 in the state, (2) a single sales and use tax return for use by remote sellers and a single revenue authority within the state with which remote sellers are required to file a tax return, and (3) a uniform tax base throughout the state. Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus so as to allow such state to require such seller to collect and remit taxes.
United States · United States Congress · 13 October 2011
Local Flexibility for Transit Assistance Act - Authorizes the Secretary of Transportation (DOT) to make urbanized area formula grants for the operating costs of equipment and facilities for use in public transportation in an urbanized area with a population over 200,000 to a designated recipient, direct recipient, or subrecipient that provides public transportation in the area operating less than 100 buses in fixed-route service in the area during peak service hours. Authorizes a designated recipient or direct recipient that operates at least 100 buses in fixed-route service during peak service hours in an urbanized area with a population of more than 200,000 to use grant funds for the operating costs of public transportation equipment and facilities in such projects if: (1) the recipients are certified by the Secretary as being in a crisis period; and (2) the recipients' percentage of revenue for the operating costs of public transportation equipment and facilities from non-federal sources (excluding system-generated revenue) is equal to the previous fiscal year's revenue, or the revenue is derived from dedicated sources. Specifies percentage limitations on the use of funds for urbanized areas with populations between 200,000 and 500,000, between 500,000 and 1 million, and over 1 million. Defines "crisis period" to mean that: (1) the unemployment rate within the recipients' service area is 7% or higher for the preceding month, or (2) the national average retail price of regular gasoline during a quarter has increased by more than 10%.
United States · United States Congress · 23 September 2011
Target Practice and Marksmanship Training Support Act - Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years. Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. Urges the Chief of the Forest Service and the Director of the Bureau of Land Management (BLM) to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training.
United States · United States Congress · 22 September 2011
Regulatory Accountability Act of 2011 - Amends the Administrative Procedure Act to revise and expand the requirements for federal agency rulemaking by requiring agencies, in making a rule, to base all preliminary and final determinations on evidence and to consider the legal authority under which the rule may be proposed, the specific nature and significance of the problem the agency may address with the rule, any reasonable alternatives for the rule, and the potential costs and benefits associated with such alternatives. Requires agencies to publish advance notice of proposed rulemaking for major rules and for high-impact rules (rules having an annual cost on the economy of $100 million or $1 billion or more, respectively), which shall include a written statement identifying the nature and significance of the problem the agency may address with a rule, the legal authority under which the rule may be proposed, and a solicitation for written data and comments from interested persons. Sets forth criteria for issuing major guidance (agency guidance that is likely to lead to an annual cost on the economy of $100 million or more, a major increase in cost or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or ability to compete). Expands the scope of judicial review of agency rulemaking by allowing immediate review of rulemaking not in compliance with notice requirements and establishing a substantial evidence standard for affirming agency rulemaking decisions.
United States · United States Congress · 21 September 2011
Raoul Wallenberg Centennial Celebration Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.
United States · United States Congress · 21 September 2011
Human Trafficking Reporting Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include severe forms of trafficking in persons among "part 1 violent crimes" required to be reported by states for the Uniform Crime Reports of the Federal Bureau of Investigation for purposes of Bureau of Justice Assistance Grants and Edward Byrne Memorial Justice Assistance Grants.
United States · United States Congress · 15 September 2011
Small Business Administration 504 Loan Refinancing Extension Act of 2011 - Amends the Small Business Jobs Act of 2010 to extend through September 27, 2013 (under current law, through September 27, 2012) the authority for Small Business Administration (SBA) refinancing of small business debt not involving business expansion under the SBA's local development business loan program.
United States · United States Congress · 15 September 2011
Small Business Opportunity Expansion Act of 2011 - Amends the Small Business Act to increase the government-wide goal for awards to small businesses from 23% to 24% of the total value of all federal prime procurement contracts and subcontracts awarded in a fiscal year. Increases from: (1) 3% to 4% the goal for award to small businesses owned and controlled by service-disabled veterans, and (2) 5% to 6% the goal for award to small businesses owned and controlled by socially and economically disadvantaged individuals and by women.
United States · United States Congress · 15 September 2011
Small Business Administration Express Loan Extension Act of 2011 - Amends the Small Business Jobs Act of 2010 to extend through September 27, 2012 (under current law, until September 27, 2011) a temporary increase from $350,000 to $1 million in the maximum loan amount under the Express Loan Program of the Small Business Administration (SBA).
United States · United States Congress · 13 September 2011
Reestablishes the House of Representatives Page Program, effective with the first school semester that begins after the advisory panel described in this resolution submits its recommendations to the Committee on House Administration. Requires the chair and ranking minority member of the Committee on House Administration, acting jointly, to appoint nine individuals to serve on an advisory panel to develop recommendations for the operation of such reestablished Page Program.
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
Fallen Heroes of 9/11 Act - Authorizes the President to award a Fallen Heroes of 9/11 Congressional Medal to: (1) the Flight 93 National Memorial in Pennsylvania, (2) the National September 11 Memorial and Museum in New York, and (3) the Pentagon Memorial. Instructs the Secretary of the Treasury to strike three designs of such gold medal to honor, respectively: (1) those who lost their lives in the the attack at the World Trade Center, (2) the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania, and (3) those who lost their lives at the Pentagon. Authorizes the Secretary to strike and sell bronze duplicates of such medals and to distribute any funds from such sales exceeding costs equally between the three memorial sites.
United States · United States Congress · 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
Commends John I. Wilson, executive director of the National Education Association, for his services to educators and efforts to improve our education system. Congratulates him on his retirement. Supports the continued efforts of education leaders to aid and improve our education system.
United States · United States Congress · 29 July 2011
Billfish Conservation Act of 2011 - Prohibits any person from offering billfish or billfish products for sale, selling them, or having custody, control, or possession of them for purposes of offering them for sale or selling them. Treats a violation of this Act as an act prohibited by the Magnuson-Stevens Fishery Conservation and Management Act. Subjects a person to a maximum civil penalty of $100,000 for each violation, with each day of a continuing violation constituting a separate offense. Exempts the state of Hawaii and the Pacific Insular Area, except that billfish may be sold under such exemption only in Hawaii and the Pacific Insular Area. Defines "billfish" as any of the following: (1) blue marlin, (2) striped marlin, (3) black marlin, (4) sailfish, (5) shortbill spearfish, (6) white marlin, (7) roundscale spearfish, (8) Mediterranean spearfish, or (9) longbill spearfish. Excludes swordfish from such definition.
United States · United States Congress · 29 July 2011
Main Street Fairness Act - Grants the consent of Congress to the Streamlined Sales and Use Tax Agreement (Agreement), the multistate agreement on sales and use tax collection and administration adopted on November 12, 2002. Authorizes each state that is a party to the Agreement (member state), after 10 states (comprising at least 20% of the total population of all states imposing a sales tax) have petitioned for and have become member states, to require all remote sellers not qualifying for the small seller exception to collect and remit sales and use taxes on remote sales owed to each such member state under the terms of the Agreement. Terminates such authority if the requirements of this Act cease to be satisfied or an amendment adopted to the Agreement after the enactment of this Act is inconsistent with the provisions of this Act. Allows any person affected by the Agreement to petition the Governing Board established by the Agreement for a determination of any issue arising under the Agreement. Provides for judicial review of Governing Board determinations by the United States Court of Federal Claims and grants such Court exclusive jurisdiction over actions for judicial review. Sets forth minimum requirements for simplifying the administration of multistate sales and use taxation under the Agreement. Provides for judicial review of any civil action challenging the constitutionality of this Act by a panel of three judges of a U.S. District Court. Expresses the sense of Congress that each member state under the Agreement should work with other member states to prevent double taxation where a foreign country has imposed a transaction tax on a digital good or service.
United States · United States Congress · 26 July 2011
Aviation Jobs and Safety Act of 2011 - Amends the Internal Revenue Code to extend through September 30, 2011, increased excise taxes on aviation fuels, the excise tax on air transportation of persons and property, and the expenditure authority for the Airport and Airway Trust Fund. Extends through September 30, 2011: (1) the authorization of appropriations for airport planning and development and noise compatibility planning projects (known as airport improvement projects [AIPs]), and (2) the authority of the Secretary of Transportation to make new AIP grants. Extends until October 1, 2011: (1) the pilot program for passenger facility fee authorizations at non-hub airports, and (2) disclosure requirements for large and medium hub airports applying for AIP grants. Directs the Secretary to extend through September 30, 2011, the termination date of insurance coverage for domestic or foreign-flag aircraft. Grants the Secretary discretionary authority to further extend such coverage through December 31, 2011. Extends through December 31, 2011, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism. Extends through September 30, 2011: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility AIPs; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development grant or for permission to impose a passenger facility fee. Amends the Vision 100 - Century of Aviation Reauthorization Act to extend through September 30, 2011: (1) the temporary increase to 95% of the federal government's share of certain AIP costs, and (2) funding for airport development at Midway Island Airport.
United States · United States Congress · 26 July 2011
Stop Pay for Members Act - Prohibits the liquidation of the obligation to pay basic pay of Members of Congress, if the U.S. public debt reaches the public debt limit, until: (1) all other obligations of the U.S. government then due have been liquidated; or (2) if earlier, the ability of the U.S. Treasury to liquidate the such obligations in timely manner is restored, whether by an increase in the public debt limit or otherwise. Declares that each Member of Congress consents and agrees that payment of basic pay in accordance with this Act shall constitute a full and complete discharge and acquittance of all claims and demands for service as such a Member during the period covered by the payment.
United States · United States Congress · 21 July 2011
Constitutional Amendment - Prohibits total outlays (except those for payment of debt) for a year from exceeding the average annual revenue (except that derived from borrowing) collected in the three prior years, adjusted in proportion to changes in population and inflation. Requires a three-fourths roll call vote of each chamber to declare an emergency and provide by law for specific outlays in excess of such limit. Requires the declaration to specify reasons for the emergency designation and to limit the period in which outlays may exceed such limit to no longer than one year. Requires all revenue in excess of outlays: (1) to reduce the federal debt; and (2) upon the retirement of such debt, to be held by the Treasury to be used for the specific outlays in excess of such limit. Prescribes a formula for reducing outlays over ten years.
United States · United States Congress · 20 July 2011
Fiscal Accountability and Transparency in Infrastructure Spending Act of 2011 - Requires each executive agency to obtain a life-cycle cost analysis for each major infrastructure project prior to obligating funds. Defines "life-cycle cost analysis" as a process for evaluating the total economic worth of an infrastructure project by analyzing specified costs over a minimum 50-year period. Authorizes the use of alternate infrastructure type bidding procedures for awarding contracts for projects on the National Highway System and for major infrastructure projects. Requires the Secretary of Transportation to require states to utilize the Mechanistic-Empirical Pavement Design Guide (developed under the National Cooperative Highway Research Program Project I-37A) for the initial design phase of all authorized highway projects.
United States · United States Congress · 14 July 2011
National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015. Directs the Secretary to hold a competition to design the obverse of the coins. Requires the design on the reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations.
United States · United States Congress · 8 July 2011
Safe Roads Act of 2011 - Directs the Secretary of Transportation (DOT) to establish a national clearinghouse for verified positive alcohol and controlled substance test results and test refusals as well as violations of Federal Motor Carrier Safety Administration (FMCSA) alcohol and controlled substances regulations of commercial motor vehicle operators. Prohibits the release of clearinghouse information to a commercial motor carrier employer unless there has been compliance with all applicable federal privacy laws and regulations. Authorizes the Secretary to collect fees from such employers and other authorized users for informational requests. Prohibits an employer from hiring an individual to operate a commercial motor vehicle unless the employer has determined that the individual, for the preceding three-year period, has: (1) been tested for use of alcohol and controlled substances; (2) not tested positive for their use, or tested positive but has completed the return-to-duty process; (3) not refused to be tested; and (4) not violated FMCSA alcohol and controlled substances regulations. Directs the Secretary to establish a process: (1) to require employers to request and review any clearinghouse records of individuals before their employment as a commercial motor vehicle operator and for each year thereafter as long as the individual is so employed; and (2) for an individual and a state licensing authority to request and receive information from the clearinghouse. Subjects persons who violate the requirements of this Act to both civil and criminal penalties. Requires the Secretary to take certain actions to enhance DOT oversight of testing sites.
United States · United States Congress · 7 July 2011
Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain. Limits issuance of such coins to calendar year 2016. Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain; (2) the Mark Twain Project at the Bancroft Library of University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy; (3) the Center for Mark Twain Studies at Elmira College, New York, for the same purposes; and (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs.
United States · United States Congress · 7 July 2011
Authorizes the award of a single Congressional Gold Medal to collectively honor the Montford Point Marines, U.S. Marine Corps, in recognition of their dedicated service during World War II. (Camp Montford Point, North Carolina, was the site for the training of the first African-American Marines.) Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals.
United States · United States Congress · 24 June 2011
Authorizes the American Legion under its federal charter to provide guidance and leadership to the individual Departments and Posts. Prohibits it from controlling or otherwise influencing the specific activities and conduct of independent, autonomous Departments and Posts.
United States · United States Congress · 23 June 2011
Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere Act of 2011 or ROADS SAFE Act of 2011 - Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to carry out a collaborative research effort to continue to explore the feasibility and the potential benefits of, and the public policy challenges associated with, more widespread deployment of in-vehicle technology to prevent alcohol-impaired driving.
United States · United States Congress · 22 June 2011
Fishery Science Improvement Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 to postpone from fishing year 2011 to 2014 the effective date upon which a mechanism for specifying annual catch limits and accountability measures for fisheries other than those determined by the Secretary of Commerce to be subject to overfishing must be established in fishery management plans prepared by any Regional Fishery Management Council or the Secretary, implementing regulations, or annual specifications. Makes the catch limit mechanism, for all fisheries, inapplicable to a fishery for any stock of fish: (1) for which a peer reviewed stock survey and stock assessment have not been performed during the five-year period before enactment of this Act and for which the Secretary determines overfishing is not occurring, and (2) that is an ecosystem stock. Defines "ecosystem stock" as a stock of fish determined by the Secretary to be a nontarget stock that is not overfished or likely to become overfished. Requires the Secretary, within 270 days after determining that a fishery is overfished, to perform a stock survey and stock assessment of each of the overfished stocks in the fishery and transmit the assessment to the appropriate Council.
United States · United States Congress · 21 June 2011
Demands that Hamas: (1) release Israeli soldier Gilad Shalit, (2) allow access to Gilad Shalit by competent medical personnel and representatives of the International Committee of the Red Cross, (3) provide Gilad Shalit the humane treatment all captives are entitled to as a fundamental human right, (4) facilitate regular communication by Gilad Shalit with his family, and (5) cease compelling Gilad Shalit to appear in video and voice recordings intended to extort and coerce the government of Israel. Expresses: (1) commitment to the survival of Israel as a Jewish and democratic state within recognized and secure borders; (2) opposition to participation by Hamas in the Palestinian Authority (PA) prior to explicit acceptance by that group of Israel's right to exist, the cessation of all violence, and the binding commitments made previously by the PA and the Palestine Liberation Organization (PLO); and (3) commitment to seek the release of Gilad Shalit and other missing Israeli soldiers. Recalls: (1) the attack on and kidnapping of the bodies of Ehud Goldwasser and Eldad Regev by the Iran-supported terrorist group Hezbollah; and (2) the missing Israeli soldiers Zecharya Baumel, Zvi Feldman, Yehuda Katz, Ron Arad, Guy Hever, and Majdy Halabi. Condemns: (1) Hamas for the immoral cross border attack and kidnapping of Gilad Shalit; and (2) Iran and Syria, the primary state sponsors and patrons of Hamas, for their ongoing support for international terrorism.
United States · United States Congress · 14 June 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, (2) suspend or limit the use of social security numbers of victims of identity fraud, and (3) block the use of the social security numbers of certain aliens who are under order of removal, voluntarily depart, or have an expired work authorization.
United States · United States Congress · 3 June 2011
Lions Clubs International Century of Service Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue as legal tender $1 coins in commemoration of the centennial of the founding of the Lions Clubs International. Requires the design of the coins to be emblematic of the centennial. Permits the Secretary to issue such coins only during calendar 2017. Requires sales of the coins to include a surcharge of $10 per coin, to be paid by the Secretary to the Lions Clubs International Foundation.
United States · United States Congress · 3 June 2011
Protect HUBZones Act of 2011 - Amends the Small Business Act to revise the definition of "redesignated area" for HUBZone designation purposes to extend the time period during which a census tract or nonmetropolitan county that loses its HUBZone status due to the 2010 census may be so designated.
United States · United States Congress · 2 June 2011
Medical Debt Responsibility Act of 2011 - Amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from making any report containing information related to a single fully paid or settled medical debt of $2,500 or less that had been characterized as delinquent, charged off, or in collection for credit reporting purposes, which, from the date of payment or settlement, antedates the report by more than 45 calendar days.
United States · United States Congress · 2 June 2011
Technology Helps Revamp, Evaluate, and Expedite Designs Act of 2011 or THREE-D Act of 2011 - Directs the Secretary of Transportation (DOT) to identify and encourage the use of advanced technologies, including 3-dimensional modeling and simulation software, during environmental, planning, financial management, design, simulation, and construction processes of federal-aid highway projects. Authorizes the Secretary to develop and implement incentives to accelerate the use of such technologies on such projects.
United States · United States Congress · 26 May 2011
Secure America Through Verification and Enforcement Act of 2011 or SAVE Act of 2011 - Sets forth border security and enforcement provisions, including provisions respecting: (1) increases in Border Patrol and investigative personnel, (2) recruitment of former military personnel, (3) use of Department of Defense (DOD) equipment, (4) infrastructure improvements, (5) aerial and other surveillance, (5) a national strategy to secure the borders, (6) accountable financing under the Secure Border Initiative, (7) emergency deployment of Border Patrol agents, and (8) expansion of the Customs-Trade Partnership Against Terrorism along the northern and southern borders. Directs the Secretary of Homeland Security (DHS) to check against terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at U.S. borders. Amends the Immigration and Nationality Act and specified maritime law sections to revise alien smuggling provisions. Sets forth provisions respecting border security on certain federal lands under the jurisdiction of the Secretary of Agriculture (USDA) or the Secretary of the Interior. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-verify program permanent. Sets forth conditions for the mandatory use of the E-verify system. Requires: (1) employer/employee notification of social security number mismatches and multiple uses, and related information sharing with DHS; and (2) establishment of electronic birth and death registration systems. Amends the Internal Revenue Code to: (1) penalize specified employers for failure to correct information returns; and (2) prohibit employers from deducting from gross income wages paid to unauthorized aliens, with an exception for an employer participating in the basic employment eligibility confirmation program. Increases criminal alien program (CAP) personnel. Authorizes border relief grants for local law enforcement agencies within 25 miles of the southern U.S. border. Establishes within DHS a rewards program to assist in the elimination of commercial operations to produce or sell fraudulent immigration-related documents and to assist in the investigation, prosecution, or disruption of commercial alien smuggling operations. Provides for: (1) increased alien detention facilities, (2) additional immigration court judgeships, and (3) a media campaign to inform the public of changes made by this Act including a multilingual media campaign explaining noncompliance penalties.
United States · United States Congress · 26 May 2011
Caribbean Coral Reef Protection Act of 2011 - States that it shall be U.S. policy to: (1) undertake measures to deny the government of Cuba, the Cuban Communist Party, or any of their instrumentalities the financial resources to engage in activities that threaten U.S. security and other interests, threaten Florida's marine environment and the environment of the submerged lands off Cuba's coast, and prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from U.S. entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that, on or after January 10, 2005, has made or makes an investment of $1 million or more (or any combination of investments that equals or exceeds $1 million in any 12-month period) that contributes to Cuba's ability to develop petroleum resources off its submerged lands; or (2) is a spouse, minor child, or agent of such person. Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation, or (2) where a transition government is in place. Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made, on or after January 10, 2005, an investment of $1 million or more (or any combination of investments that in the aggregate equals or exceeds $1 million in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources off its submerged lands or has made an investment of any amount of money that contributes to such an enhancement and has trafficked in confiscated U.S. property. Makes it illegal for a U.S. person to facilitate Cuba's ability to develop petroleum resources off its submerged lands. Directs the Secretary of State to report annually respecting the impact of the development of Cuba's petroleum resources on the environment and natural resources of Cuba's submerged lands and Florida's marine environment.
United States · United States Congress · 26 May 2011
Propane Green Autogas Solutions Act of 2011 - Amends the Internal Revenue Code to extend through 2016: (1) the excise tax credits for alternative fuels and fuel mixtures for any sale or use involving liquefied petroleum gas (propane), (2) the new qualified alternative fuel motor vehicle tax credit for vehicles powered by liquefied petroleum gas, and (3) the alternative fuel vehicle refueling property tax credit for property relating to liquefied petroleum gas.
United States · United States Congress · 25 May 2011
Protecting Children From Internet Pornographers Act of 2011 - Amends the federal criminal code to prohibit knowingly conducting in interstate or foreign commerce a financial transaction that will facilitate access to, or the possession of, child pornography. Adds as predicate offenses to the money laundering statute provisions regarding: (1) such financial facilitation of access to child pornography, (2) obscene visual representation of the abuse of children, and (3) a felony by a registered sex offender involving a minor. Requires a provider of an electronic communication service or remote computing service to retain for at least 18 months the temporarily assigned network addresses the service assigns to each account unless that address is transmitted by radio communication. Bars any cause of action against a provider for retaining records as required. Makes a good faith reliance on the requirement to retain records a complete defense to a civil action. Expresses the sense of Congress that such records should be stored securely to protect customer privacy and prevent breaches of the records. Allows the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service. Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Directs the United States Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes. Imposes a fine and/or prison term of up to 20 years for the possession of pornographic images of a child under the age of 12.
United States · United States Congress · 25 May 2011
Making Public Lands Public Access Act - Amends the Land and Water Conservation Fund Act of 1965 to direct the Secretary of the Interior and the Secretary of Agriculture (USDA) to ensure, from amounts requested for the Land and Water Conservation Fund per fiscal year, that not less than the greater of 1.5% of the requested amounts or $10 million be made available for certain projects identified on an annual priority list to be developed pursuant to this Act. Requires projects identified on such a list to secure, through rights-of-way or the acquisition of lands or interests from willing sellers, recreational public access to existing federal public lands that have significantly restricted access to hunting, fishing, and other recreational purposes.
United States · United States Congress · 24 May 2011
Conservation Easement Incentive Act of 2011 - Amends the Internal Revenue Code to make permanent the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes.
United States · United States Congress · 23 May 2011
Hiring Heroes Act of 2011- Amends the Wounded Warriors Act to extend until January 1, 2015, the authority of the Secretary of Veterans Affairs (VA) to provide the same rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses as are provided to veterans. Expands the authority of the VA Secretary to make payments to employers to provide on-job training to veterans to include veterans who have not been rehabilitated to the point of employability. Entitles certain veterans with service-connected disabilities who have exhausted their rights to unemployment benefits to participation in an additional VA rehabilitation program. Limits the duration of such a program to 24 months. Makes the 12-year period of eligibility for a VA rehabilitation program inapplicable under such an additional program. Instructs the VA Secretary to follow-up on the employment status of veterans who participate in a VA rehabilitation program. Requires (current law encourages) participation by eligible members in the Transitional Assistance Program (TAP) of the Department of Defense (DOD). Requires (under current law, authorizes) the provision of preseparation counseling to members whose discharge or release is anticipated. Instructs the Secretary of Labor to follow-up on the employment status of members who complete their participation in the TAP. Directs the VA Secretary to award grants to up to three nonprofit organizations under a collaborative veterans' training, mentoring, and placement program for eligible veterans seeking employment. Requires participants in the TAP to receive individualized assessments of civilian positions for which they may be qualified based on a joint DOD, VA, and Department of Labor study of the equivalencies between military skills and civilian employment requirements. Authorizes the appointment of an honorably discharged member of the uniformed services to a position in the civil service, without regard to specified civil service examination, certification, and appointment provisions, if otherwise qualified. Requires executive agencies to establish programs to provide employment assistance to members who are being separated from active duty. Directs the Secretary of Labor to carry out an outreach program to provide employment assistance to certain veterans who have been receiving assistance under the Unemployment Compensation for Ex-servicemembers program. Authorizes a pilot program to assess the feasibility of providing work experience to certain members of the Armed Forces who are on terminal leave. Requires (under current law, authorizes) a VA demonstration project on the credentialing and licensing of veterans.
United States · United States Congress · 13 May 2011
Iran Threat Reduction Act of 2011 - Declares that it is U.S. policy to deny Iran the ability to support acts of foreign terrorist organizations and develop unconventional weapons and ballistic missiles. Urges the President to initiate diplomatic efforts to expand the multilateral sanctions regime regarding Iran. Directs the President to initiate an investigation into the imposition of sanctions upon receipt of credible information that a person is engaged in a sanctionable activity under this Act. Directs the President to impose specified sanctions on a person who knowingly: (1) makes specified investments with respect to Iran's ability to develop petroleum resources; (2) sells, leases, or provides to Iran goods, services, technology, information, or support that could facilitate Iran's domestic production of refined petroleum products; (3) sells or provides to Iran refined petroleum products, or provides goods, services, technology, information, or support that could contribute to Iran's ability to import refined petroleum products; or (4) exports or otherwise facilitated transshipment to Iran of any goods, services, technology, or other items that would contribute to Iran's ability to acquire or develop chemical, biological, or nuclear weapons, or acquire or develop destabilizing numbers and types of advanced conventional weapons. Sets forth exceptions to such sanctions for: (1) the procurement of certain defense articles or services; (2) eligible products to designated countries or instrumentalities; (3) products, technology, or services under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on which the sanctions are to be imposed; (4) spare or component parts, or information and technology that are essential to U.S. products or production, and related servicing and maintenance; or (5) medicines, medical supplies, or other humanitarian items. Defines sanctions to include: (1) prohibitions on Export-Import Bank assistance, (2) prohibitions on loans from U.S. financial institutions and other financial services, (3) prohibitions on foreign exchange and other banking transactions, (4) prohibitions on property transactions, and (5) export and procurement sanctions. Authorizes: (1) the Secretary of State to issue, upon request, an advisory opinion with respect to whether a proposed activity would be sanctionable, and (2) a person to rely in good faith on such opinion and proceed without being subject to sanctions. Imposes sanctions under this Act for at least two years. Authorizes the President to terminate sanctions after one year if the sanctioned person is no longer engaging in a sanctionable activity and the President has received reliable assurances that the person will not knowingly engage in such future activity. Authorizes the President to waive imposition of sanctions if in the national security interest of the United States. States that a determination to impose sanctions under this Act shall not be reviewable in any court. Repeals the Iran Sanctions Act of 1996. Authorizes the President to provide financial and political assistance to certain foreign and domestic individuals, organizations, and entities that support democracy in Iran. Imposes visa, property, and financial sanctions on persons identified as officials of the government of Iran, security services, or the Islamic Revolutionary Guard Corps (IRGC) who were complicit in the commission of serious human rights abuses against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Directs the Secretary of State to submit an annual report to Congress regarding the promotion of Internet freedom and information access in Iran. Imposes specified sanctions on a person that knowingly assisted in the exportation of petroleum, oil, or natural gas produced by the IRGC or its affiliates. Blocks the U.S. property interests of foreign persons or their affiliates that have committed, or pose a significant risk of committing, acts of violence threatening the peace or economic stability of Iraq or Afghanistan. Directs the President to develop a National Strategy to Counter Iran. Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the Secretary of the Treasury to require any person owned or controlled by a domestic financial institution to certify that such person is not engaged in corresponding relations or business activity with the IRGC. Requires a report on the Central Bank of Iran's activities to facilitate Iran's efforts to acquire nuclear missile capacities and promote terrorism. Amends the Securities Exchange Act of 1934 to require securities issuers to disclose in their mandatory annual or quarterly reports to the Securities and Exchange Commission (SEC) whether they or their affiliates have: (1) engaged in certain activities relating to Iran, terrorism, and the proliferation of weapons of mass destruction; (2) knowingly engaged in specified activities, or knowingly violated certain regulations prescribed under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; (3) knowingly conducted any transaction or dealing with a person whose property and interests in property are blocked by certain Executive Orders; or (4) knowingly conducted a transaction or dealing with any person listed in the Iranian Transactions Regulations. Requires the President to: (1) initiate an investigation into the possible imposition of sanctions when the SEC receives a report that an issuer or its affiliate has engaged in the cited activities, and (2) determine whether sanctions should be imposed on the issuer or the affiliate concerned. States that, except to meet U.S. international obligations, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security (DHS) shall exclude from U.S. entry, a person who is an agent, official, or a representative of the government of Iran; and (2) presents a threat to the United States or is affiliated with terrorist organizations. Restricts the movement of such persons in the United States. Terminates the provisions of this Act when Iran: (1) has dismantled its efforts to develop or acquire nuclear, chemical, and biological weapons; (2) no longer provides support for acts of international terrorism; and (3) poses no threat to U.S. national security, interests, or allies.
![Official portrait of Rep. Shuler, Heath [D-NC-11]](https://www.congress.gov/img/member/s001171_200.jpg)