United States · United States Congress · 2 January 2013
Amends the Rules of the House of Representatives to establish a standing Committee on Repeals for the repeal of obsolete laws. A Member, Delegate, or Resident Commissioner who serves as a member of that committee may not serve simultaneously as a member of any other standing committee.
United States · United States Congress · 19 September 2012
Designates the facility of the Department of Veterans Affairs (VA) at 9800 West Commercial Boulevard in Sunrise, Florida, as the "William 'Bill' Kling VA Clinic."
United States · United States Congress · 31 July 2012
Condemns the growing repression of democracy and human rights in Ecuador, including the suppression of freedom of expression and increased government control over the judiciary. Calls on the Secretary of State to: (1) note in the 2012 and future Country Reports on Human Rights Practices for Ecuador the limited ability to report on the full account of human rights abuses in Ecuador due to a lack of transparency within government institutions in that country; and (2) provide to the relevant Senate and House committees a budget and performance review of Department of State and U.S. Agency for International Development (USAID) activities in Ecuador funded to promote strong democratic institutions, the rule of law, and human rights. Expresses concern regarding: (1) the lack of high-level counternarcotics cooperation between the United States and Ecuador, (2) aspects of Ecuador's actions that fail to meet the intentions of the Andean Trade Preference Act (ATPA) and the Andean Trade Promotion and Drug Eradication Act, and (3) the expanded relationship between Ecuador and Iran. Declares that the House of Representatives is not inclined to support a renewal of ATPA for Ecuador based on the current status of such concerns. Calls for a careful review of such concerns, in addition to Ecuador's eligibility as a beneficiary country, when considering renewal of ATPA, which expires on July 31, 2013.
United States · United States Congress · 26 July 2012
No More Solyndras Act - Prohibits the Secretary of Energy (DOE) from issuing any new loan guarantee of an innovative energy project under title XVII (Incentives for Innovative Technologies) of the Energy Policy Act of 2005 for any application submitted to DOE after December 31, 2011. Prohibits a loan guarantee for any application pending before that date unless the Secretary of the Treasury reviews the proposed guarantee and makes a written recommendation to the Secretary of Energy (Secretary) on the merits. Requires the Secretary to report to specified congressional committees within 60 days after making any loan guarantee on a pending application. Directs the Secretary to consult with the Secretary of the Treasury regarding any restructuring of the terms and conditions of an innovative energy project loan guarantee, including any deviations from the financial terms of the guarantee. Prohibits the Secretary from subordinating the interests of the U.S. government to any other financing for the project. Declares that any federal official responsible for the issuance of an innovative energy project loan guarantee in a manner that violates the requirements of title XVII of the Energy Policy Act of 2005 or of this Act shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office.
United States · United States Congress · 26 July 2012
HHS Employee Compensation Reform Act of 2012 - Amends the Public Health Service Act to state that provisions authorizing the appointment of special consultants or authorizing individual scientists to receive fellowships do not authorize the designation, appointment, or employment of any special consultant, fellow, or other employee by an agency outside of the Department of Health and Human Services (HHS). Prohibits more than 5% of the total number of HHS employees from serving as special consultants or fellowship recipients. Limits, with exceptions determined by the HHS Secretary, the compensation payable to such an individual for a 12-month period to 150% of the annual rate payable under level 1 of the Executive Schedule, prorated for shorter periods. Requires an annual report to Congress concerning the employment of such individuals.
United States · United States Congress · 19 July 2012
National Pediatric Research Network Act of 2012 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research to provide for the establishment of a National Pediatric Research Network. Authorizes the Director of the Institute to award cooperative agreements and grants to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including for pediatric research needs and training. Authorizes the Director to make awards for not more than 20 pediatric research consortia. Requires the Director to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities. Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions; and (3) disseminate trial findings. Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; (3) organize and conduct multi-site monitoring activities; (4) provide assistance to the Centers for Disease Control and Prevention (CDC) in the establishment of patient registries; and (5) report regularly on consortia research.
United States · United States Congress · 18 July 2012
Preserving Work Requirements for Welfare Programs Act of 2012 - Prohibits the Secretary of Health and Human Services (HHS) from finalizing, implementing, enforcing, or otherwise taking any action to give effect to the Information Memorandum dated July 12, 2012 (Transmittal No. TANF-ACF-IM-2012-03), or to any administrative action relating to the same subject matter or that reflects the same or similar policies. Prohibits the Secretary also from authorizing, approving, modifying, or extending any experimental, pilot, or demonstration project under the Social Security Act (SSA) that: (1) waives compliance with mandatory work requirements of SSA title IV part A (Temporary Assistance for Needy Families) (TANF), or (2) authorizes an expenditure not otherwise allowable under a state TANF program with respect to compliance with such work requirements. Rescinds and nullifies any waiver relating to the subject matter of the Information Memorandum granted before the enactment of this Act.
United States · United States Congress · 10 July 2012
Religious Freedom Tax Repeal Act of 2012 - Amends the Internal Revenue Code to exempt an employer opposed by reason of adherence to a religious belief or moral conviction from the tax penalty imposed for failure of a group health plan to cover required women's preventive care and screenings. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit the Secretary of Labor from bringing an action against a plan to enforce any requirement to provide such coverage to which an employer is opposed by reason of adherence to a religious belief or moral conviction. Exempts group health plans from penalties under state and federal enforcement provisions of the Public Health Service Act for failure to meet such women's health requirements insofar as they concern coverage to which an employer is opposed on the basis of religious belief or moral conviction.
United States · United States Congress · 9 July 2012
Repeal of Obamacare Act - Repeals the Patient Protection and Affordable Care Act, effective as of its enactment. Restores provisions of law amended by such Act. Repeals the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of the Act's enactment. Restores provisions of law amended by the Act's health care provisions.
United States · United States Congress · 28 June 2012
Healthcare Tax Relief and Mandate Repeal Act - Amends the Internal Revenue Code to: (1) terminate the requirement, added by the Patient Protection and Affordable Care Act (PPACA), that individuals maintain minimum essential health insurance coverage for themselves and dependents; and (2) repeal provisions added by PPACA requiring certain employers who have a workforce of 50 or more full-time employees to provide health insurance coverage for their employees.
United States · United States Congress · 30 May 2012
Expresses the sense of Congress that the Assistant Secretary of Commerce for Communications and Information should continue working to implement the position of the United States on Internet governance that articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the multistakeholder model that governs the Internet today.
United States · United States Congress · 27 April 2012
Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing, adopting, implementing, administering, or enforcing the proposed guidance described in the notice of availability and request for comments entitled "EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act"; or (2) using such guidance, or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that the use of such guidance as the basis for any rule shall be grounds for vacating such rule.
United States · United States Congress · 26 April 2012
Efficient Use of Government Spectrum Act of 2012 - Directs the President, within five years after enactment of this Act, to withdraw or modify the assignment to a federal government station of electromagnetic spectrum between the frequencies from 1755 to 1780 megahertz. (Currently, such frequencies are occupied by the Department of Defense [DOD] and other federal agencies.) Requires the President, if a federal government station cannot be relocated from such spectrum without jeopardizing essential military capability, to modify the station's assignment of such spectrum to permit shared federal and non-federal use. Directs the Federal Communications Commission (FCC), within three years after enactment of the Middle Class Tax Relief and Job Creation Act of 2012, to: (1) reallocate such spectrum for commercial use; and (2) as part of the competitive bidding auctions required by such Act, grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between frequencies from 2155 to 2180 megahertz already designated for auction. Directs the proceeds attributable to the competitive bidding of the 1755 to 1780 megahertz range to be allocated in the same manner as other specified frequencies pursuant to such Act for uses including reimbursements to agencies for relocation and sharing costs, the building of the nationwide public safety broadband network, and deposits or reimbursements to the U.S. Treasury.
United States · United States Congress · 24 April 2012
Strategic Energy Production Act of 2012 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (DOE) to develop a plan to increase the percentage of federal lands leased for oil and gas exploration, development, and production under the jurisdiction of the Secretaries of Agriculture (USDA), of Energy, of the Interior, and Defense (DOD), including submerged lands of the Outer Continental Shelf. Requires the percentage of the total amount of such federal lands to be the same as the percentage of petroleum in the Strategic Petroleum Reserve that was drawn down. Directs the Secretary to base the determination of present and future national energy needs upon information from the Energy Information Administration. Prohibits the plan from providing more than 10% of such federal lands for oil and gas exploration, development, and production leasing. Excludes lands managed under either the National Park System or the National Wilderness Preservation System from those designated for increased oil and gas production.
United States · United States Congress · 23 April 2012
Gasoline Regulations Act of 2012 - Requires the President to establish the Transportation Fuels Regulatory Committee to analyze and report, for each of 2016 and 2020, on the cumulative impacts of certain covered rules and actions under the Clean Air Act, including the impacts on gasoline, diesel fuel, and natural gas prices, operating costs, consumers, regional economies, U.S. competitiveness, small businesses, employment, labor markets, public health, and state, local, and tribal governments. Designates as "covered rules": (1) the rule entitled "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards"; (2) any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; (3) any rule proposed after March 15, 2012, for implementation of the Renewable Fuel Program under the Clean Air Act; (4) the rules entitled "National Ambient Air Quality Standards for Ozone" and "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards" and any subsequent rule revising or supplementing the national ambient air quality standards for ozone; and (5) any successor or substantially similar rules. Defines a "covered action" as any action affecting facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas taken on or after January 1, 2009, by the Environmental Protection Agency (EPA), a state or local government, or a permitting agency as a result of the application of provisions of the Clean Air Act relating to operating permits or the prevention of significant deterioration of air quality to an air pollutant that is identified as a greenhouse gas in the rule entitled "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act." Prohibits the Administrator from finalizing the following rules until at least six months after the Committee submits its final report: (1) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards" and any successor or substantially similar rule; (2) any rule proposed after March 15, 2012, establishing or revising a performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; and (3) any rule revising or supplementing the national ambient air quality standards for ozone under the Clean Air Act. Requires the EPA Administrator to consider feasibility and cost in revising or supplementing any such standards for ozone.
United States · United States Congress · 19 April 2012
Agency Conferences and Conventions Operating Under Necessary Transparency Act of 2012 or the ACCOUNT Act - Requires the head of a federal agency to: (1) approve in writing any conference costing more than $25,000, (2) approve such a conference only upon determining that it is necessary to the core mission of the agency, and (3) publish a summary on the agency website of the conference that includes the purpose and total cost of the conference and the cost per employee that attended the conference.
United States · United States Congress · 19 April 2012
Amends Rule III (Calendars and Committee Reports) of the Rules of the House of Representatives to require the report accompanying each public bill or joint resolution reported by any committee to contain: (1) an analysis by the Congressional Research Service (CRS) to determine if the bill or joint resolution creates any new federal program, office, or initiative that would duplicate or overlap any existing federal entity with similar mission, purpose, goals, or activities, along with a listing of all such overlapping or duplication; and (2) an explanation provided by the committee as to why the creation of each new program, office, or initiative is necessary if a similar program, office, or initiative exists. Makes it out of order to consider such a measure unless the committee of jurisdiction has prepared and posted on its website an overlapping and duplicative program analysis and explanation for the legislation that contains the same CRS analysis and committee explanation.
United States · United States Congress · 18 April 2012
Rewarding Achievement and Incentivizing Successful Employees Act or RAISE Act - Amends the National Labor Relations Act to declare that neither its prohibition against interference by an employer with employees' right to bargain collectively, nor the terms of a collective bargaining agreement entered into between employees and an employer after enactment of this Act, shall prohibit an employer from paying an employee higher wages, pay, or other compensation than the agreement provides for.
United States · United States Congress · 29 March 2012
Commends Turkey, Azerbaijan, Georgia, Iraq, and Kazakhstan for their contributions to the East-West Energy Corridor and to regional energy security. Supports the efforts of the United States Special Envoy for Eurasian Energy and encourages the continued engagement with the countries in the region, notably Azerbaijan, Turkey, Kazakhstan, Georgia, and Iraq. Expresses the sense of the House of Representatives that it is in the U.S. national interest to enhance Europe's energy security by working with the governments of Turkey, Azerbaijan, and Georgia and its partners to make additional gas and oil supplies available to that market.
United States · United States Congress · 29 March 2012
Expresses the sense of the House of Representatives that the President exercised the recess appointment power despite the fact that neither the House nor the Senate have been adjourned for a period in excess of three days during the Second Session of the 112th Congress.
United States · United States Congress · 28 March 2012
Preserving Rural Resources Act of 2012 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace a requirement that a permit be obtained for any discharge of dredged or fill material into the navigable waters incidental to any activity having as its purpose bringing an area of such waters into a use to which it was not previously subject and where the flow or circulation of such waters may be impaired or the reach of such waters may be reduced with a requirement that a permit be obtained for any such discharge that is not currently exempted from permit requirements.
United States · United States Congress · 7 March 2012
Preserving America's Family Farms Act - Prohibits the Secretary of Labor from finalizing or enforcing proposed rule "Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties" (relating to child labor in agricultural and nonagricultural occupations) issued pursuant to the Fair Labor Standards Act and published on September 2, 2011.
United States · United States Congress · 7 March 2012
Expanding and Promoting Expertise in Review of Rare Treatments Act of 2012 or EXPERRT Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to establish a program for consultation with external experts to inform and strengthen the Food and Drug Administration's (FDA's) review of drugs and biologic products for rare diseases and drugs and biologic products that are genetically targeted. Requires, under such program, each review division within the Center for Drug Evaluation and Research and the Center for Biologics Evaluation and Research to seek the opinion of external experts on topics that may include: (1) rare diseases; (2) the severity of rare diseases; (3) the unmet medical need associated with rare diseases; (4) the willingness and ability of individuals with a rare disease to participate in clinical trials; (5) an assessment of the benefits and risks, including side effects, of current and investigational therapies; (6) the design of clinical trials for rare disease populations and subpopulations; and (7) demographics and the clinical description of patient populations. Allows external experts to request the opportunity to meet with a review division regarding any such topic. Authorizes the Secretary to determine the timing of each consultation, which may occur prior to, or following, the filing of an investigational new drug application, a new drug application, or a biologies license application. Requires the experts consulted to be considered special government employees.
United States · United States Congress · 5 March 2012
United States-Israel Enhanced Security Cooperation Act of 2012 - States that it is U.S. policy to: (1) reaffirm the commitment to Israel's security as a Jewish state, (2) provide Israel with the military capabilities to defend itself and help preserve its qualitative military edge, (3) expand military and civilian cooperation, (4) assist in a negotiated settlement of the Israeli-Palestinian conflict that results in two states living side by side in peace and security, and (5) encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense.
United States · United States Congress · 5 March 2012
Faster Access to Specialized Treatments Act or FAST Act - Expresses the sense of Congress that the Food and Drug Administration (FDA) should apply specified accelerated approval and the fast track provisions to expedite the development and availability of treatments for serious or life-threatening diseases or conditions while maintaining appropriate safety and effectiveness standards. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a new drug, to include as a fast track product a new drug, either alone or in combination with one or more other drugs, that is intended for the treatment of a serious or life-threatening disease or condition. Permits the Secretary to approve an application for approval of a product for a serious or life-threatening disease or condition, including a fast track product, upon a determination that the product has an effect on: (1) a surrogate endpoint that is reasonably likely to predict clinical benefit; or (2) on a clinical endpoint, including an endpoint that can be measured earlier than irreversible morbidity or mortality, that is reasonably likely to predict an effect on irreversible morbidity or mortality or other clinical benefit. Directs the Secretary, in conjunction with other planned reviews of the new drug review process, to contract with an independent entity with expertise in assessing biopharmaceutical development and regulatory review programs to evaluate the FDA's application of the fast track processes on the development and availability of innovative treatments for patients suffering from serious or life-threatening conditions.
United States · United States Congress · 1 March 2012
Veteran Emergency Medical Technician Support Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a program consisting of awarding demonstration grants to states that demonstrate a shortage of emergency medical technicians (EMTs) to streamline state requirements and procedures in order to assist veterans who completed military EMT training while serving in the Armed Forces to meet state EMT certification, licensure, and other requirements.
United States · United States Congress · 1 March 2012
Affirms that it is a vital national interest of the United States to prevent Iran from acquiring a nuclear weapons capability and warns that time is limited to prevent that from happening. Urges increasing economic and diplomatic pressure on Iran to secure an agreement that includes: (1) suspension of all uranium enrichment-related and reprocessing activities, (2) complete cooperation with the International Atomic Energy Agency (IAEA) regarding Iran's nuclear activities, and (3) a permanent agreement that verifiably assures that Iran's nuclear program is entirely peaceful. Supports: (1) the universal rights and democratic aspirations of the Iranian people, and (2) U.S. policy to prevent Iran from acquiring nuclear weapons capability. Rejects any U.S. policy that would rely on efforts to contain a nuclear weapons-capable Iran. Urges the President to reaffirm the unacceptability of an Iran with nuclear-weapons capability and oppose any policy that would rely on containment as an option in response to the Iranian nuclear threat.
United States · United States Congress · 17 February 2012
Consolidating Veteran Employment Services for Improved Performance Act of 2012 - Transfers, as of October 1, 2013, to the Secretary of Veterans Affairs (VA) specified veterans-related programs of the Department of Labor, including: (1) job counseling, training, employment, and placement services; (2) administration of employment and reemployment rights of members of the reserves; and (3) homeless veterans reintegration programs. Directs the President, for FY2014 and thereafter, to include in the budget request funding for the VA for such functions. Establishes a Deputy Under Secretary for Veterans' Employment and Training, to formulate all VA policies and procedures with respect to veterans' employment, unemployment, and training programs. Consolidates provisions establishing VA disabled veterans' outreach program specialists and local veterans' employment representatives into a single provision establishing veteran employment specialists, which shall perform both tasks. Provides similar eligibility and reporting requirements for such specialists.
United States · United States Congress · 16 February 2012
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a gold medal in honor of Dr. Shakeel Afridi in recognition of his activities to identify and provide intelligence regarding Osama Bin Laden's location.
United States · United States Congress · 15 February 2012
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Jack Nicklaus in recognition of his service to the nation in promoting excellence and good sportsmanship. Directs the Secretary of the Treasury to strike such gold medal and to strike and sell duplicate bronze medals at a price sufficient to cover the costs of the gold and bronze medals.
United States · United States Congress · 31 January 2012
Expresses the sense of Congress that any executive order issued by the President before, on, or after the approval of this resolution that infringes on the powers and duties of Congress under article I, section 8 of the Constitution, or that would require the expenditure of federal funds not specifically appropriated for such executive order, is advisory only and has no force or effect unless enacted as law.
United States · United States Congress · 25 January 2012
Extends gratitude to the more than 1.5 million members of the U.S. Armed Forces, from both the regular and reserve components of the Army, Navy, Air Force, Marine Corps, Coast Guard, and Merchant Marine, who served in Operations Iraqi Freedom and New Dawn. Recognizes their success in operations against a dangerous and determined enemy. Recognizes the tremendous personal sacrifice of those who served in such Operations, many of whom were committed to multiple deployments, and the contributions of military families on the home front. Pays tribute to the 4,486 members who lost their lives in such Operations, and commits to honoring their memory for their courage and sacrifice.
United States · United States Congress · 23 January 2012
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions or any claim or diagnosis that the woman will engage in conduct intended to result in her death. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods. Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports.
United States · United States Congress · 13 January 2012
Executive Appointments Reform Act - Eliminates exceptions to the prohibition against payment for services to an individual appointed to a federal position requiring confirmation by the U.S. Senate (advice and consent) during a recess of the Senate. Prohibits any federal officer or employee serving in a position that requires Senate confirmation from providing voluntary or gratuitous services. Amends the National Labor Relations Act to provide that a quorum required by the National Labor Relations Board to conduct its business shall not include any member of such Board who has not been confirmed by the Senate. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to: (1) provide that no rule, order, or other administrative action of the Bureau of Consumer Financial Protection shall be considered final if the Director of the Bureau was appointed during a recess of the Senate and the position of Director was vacant while the Senate was in session, until the Director has been confirmed by the Senate; (2) prohibit payment for services to any person appointed to the Bureau during a recess of the Senate to fill a vacancy in the Bureau requiring Senate confirmation, if the vacancy existed while the Senate was in session, until such appointee is confirmed by the Senate; and (3) prohibit an employee or officer of the Bureau serving in a position that requires Senate confirmation from providing voluntary or gratuitous services.
United States · United States Congress · 10 January 2012
Disapproves of the President's appointment of four federal officers or employees during a period when no congressional recess of more than three days was authorized by concurrent resolution. Expresses the sense of the House of Representatives that those appointments were made in violation of the U.S. Constitution.
United States · United States Congress · 20 December 2011
Unlocking Lifesaving Treatments for Rare-Diseases Act or ULTRA - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to approve an application for a drug as a fast track product using a surrogate endpoint, based on the existence of reasonable scientific data that support and qualify the relevance of such endpoint to the disease state and treatment, if the Secretary: (1) makes an initial determination that the drug is eligible for approval as a drug designated for a rare disease or condition (orphan drug) and as a fast track product, and (2) determines that the drug is a treatment for a disease or condition that affects a small number of patients in the United States. Prohibits the Secretary from requiring clinical treatment or other historical clinical data on such endpoint as a prerequisite to assessment of that endpoint if such scientific data is not available. Directs the Secretary to issue guidance providing details and options for qualifying surrogate endpoints without clinical data, taking into account and balancing: (1) the unmet need served by the drug and the adverse effects of the rare disease or condition on quality and length of life, (2) the very low likelihood that clinical data would exist or that clinical studies would be completed to support a surrogate endpoint due to the small size of the U.S. patient population and other significant barriers inherent in performing such studies due to the prevalence of the disease or related factors, and (3) the full scope of available basic scientific data and information that the Secretary deems reasonably predictive of a clinical benefit in the absence of clinical data.
United States · United States Congress · 16 December 2011
New IDEA Act or New Illegal Deduction Elimination Act - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien. Extends to six years the period for assessing and collecting underpayments of tax due to deductions claimed for wages paid to unauthorized aliens. Directs the Commissioner of Social Security and the Secretaries of Homeland Security (DHS) and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the DHS Secretary on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the E-Verify Program for verifying the employment eligibility of alien workers, (2) apply such program to current employees in addition to new hires, (3) establish a rebuttable presumption that employers who participate in the E-Verify Program and obtain confirmation of identity and employment eligibility have not violated hiring requirements under such Act, and (4) allow employers participating in the E-Verify Program to make a conditional offer of employment pending final verification of the identity and employment eligibility of the job applicant.
United States · United States Congress · 15 December 2011
Amends detainee and military custody provisions of the National Defense Authorization Act for Fiscal Year 2012, with respect to the authority of the President and the U.S. Armed Forces pursuant the Authorization for Use of Military Force (P.L. 107-40), to specify that no U.S. citizen may be detained against his or her will without all the rights of due process afforded to the citizen in a court ordained or established by or under Article III of the U.S. Constitution.
United States · United States Congress · 12 December 2011
Designates the facility of the United States Postal Service located at 401 Old Dixie Highway in Jupiter, Florida, as the "Roy Schallern Rood Post Office Building."
United States · United States Congress · 7 December 2011
Good Samaritan Health Professionals Act of 2011 - Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug.
United States · United States Congress · 1 December 2011
Amends the Railway Labor Act to require the National Mediation Board to apply the same procedures, including voting standards, to the direct decertification of a labor organization as are applied to elections to certify a representative.
United States · United States Congress · 30 November 2011
Cyber Intelligence Sharing and Protection Act of 2011 - Amends the National Security Act of 1947 to add provisions concerning cyber threat intelligence and information sharing. Defines "cyber threat intelligence" as information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private entity, including information pertaining to the protection of a system or network from: (1) efforts to degrade, disrupt, or destroy such system or network; or (2) theft or misappropriation of private or government information, intellectual property, or personally identifiable information. Requires the Director of National Intelligence to: (1) establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities, and (2) encourage the sharing of such intelligence. Requires the procedures established to ensure that such intelligence is only: (1) shared with certified entities or a person with an appropriate security clearance, (2) shared consistent with the need to protect U.S. national security, and (3) used in a manner that protects such intelligence from unauthorized disclosure. Provides for guidelines for the granting of security clearance approvals to certified entities or officers or employees of such entities. Authorizes a cybersecurity provider (a non-governmental entity that provides goods or services intended to be used for cybersecurity purposes), with the express consent of a protected entity (an entity that contracts with a cybersecurity provider) to: (1) use cybersecurity systems to identify and obtain cyber threat information in order to protect the rights and property of the protected entity; and (2) share cyber threat information with any other entity designated by the protected entity, including the federal government. Regulates the use and protection of shared information, including prohibiting the use of such information to gain a competitive advantage and, if shared with the federal government, exempts such information from public disclosure. Prohibits a civil or criminal cause of action against a protected entity, a self-protected entity (an entity that provides goods or services for cybersecurity purposes to itself), or a cybersecurity provider acting in good faith under the above circumstances. Directs the Privacy and Civil Liberties Oversight Board to submit annually to Congress a review of the sharing and use of such information by the federal government, as well as recommendations for improvements and modifications to address privacy and civil liberties concerns. Preempts any state statute that restricts or otherwise regulates an activity authorized by the Act.
United States · United States Congress · 22 November 2011
Hospice Evaluation and Legitimate Payment Act - Amends title XVIII (Medicare) of the Social Security Act with respect to the face-to-face encounter framework in hospice care. Allows a clinical nurse specialist, physician assistant, or other health professional (in addition to a hospice physician or a nurse practitioner, as under current law) to conduct the face-to-face encounter with an individual to determine continued eligibility for hospice care before the first 60-day (currently, 180-day) recertification period and each subsequent recertification period. Requires the Secretary of Health and Human Services (HHS) to establish a Medicare Hospice Payment Reform demonstration program to test any revisions to the methodology for determining payment rates for routine home care and other hospice care services. Sets at every three years the frequency of surveys of certified hospice program entities.
United States · United States Congress · 18 November 2011
Promoting Responsibility in Medical Expenditures Act of 2011 - Amends title XI of the Social Security Act (SSA) to increase civil money penalties, criminal fines, and prison sentences for fraud and abuse under the SSA title XVIII (Medicare) program. Directs the Secretary of Health and Human Services to submit to Congress annual fraud reports with respect to Medicare, SSA title XIX (Medicaid), and SSA title XXI (Children's Health Insurance) (CHIP). Amends the Small Business Jobs Act to exempt from disclosure under the Freedom of Information Act the algorithms used in predictive modeling and other analytics technology to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program. Requires valid National Provider Identifiers for prescribers on pharmacy claims for covered Medicare part D prescription drugs. Requires a prescription drug plan (PDP) sponsor identifying a claim for reimbursement for a drug prescribed by an individual without a valid National Provider Identifier to report to the HHS Inspector General any relevant information on such a prescriber, including any invalid national provider identifiers being used to submit such claims and related records. Requires the Inspector General of HHS to provide such information to appropriate law enforcement agencies. Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter the fraudulent use of National Provider Identifiers. Decreases by 10% per quarter the federal medical assistance percentage (FMAP) for a state if: (1) it is receiving a grant for a state controlled substance monitoring program through which it identifies fraud, waste, or abuse in connection with the provision of prescription drug coverage under the state Medicaid plan; and (2) the state or a political subdivision is reimbursed by a third party for expenditures related to such fraud, waste, or abuse, or for a recovered amount. Directs the Secretary of HHS to establish procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries. Requires the Secretary of HHS to ensure that each newly issued Medicare identification card does not display or electronically store, in an unencrypted format, a Medicare beneficiary's Social Security account number, unless the beneficiary's health insurance claim number is the beneficiary's or spouse's Social Security number, and the risk of fraudulent use of such numbers is not unacceptably high. Requires the Secretary of HHS to prohibit the display of a Medicare beneficiary's Social Security account number in any written or electronic communication to the beneficiary unless its inclusion is essential for the operation of the Medicare program. Directs the Secretary of HHS to establish a pilot program to evaluate the applicability of smart card technology to the Medicare program, and whether such cards would be effective in preventing Medicare fraud. Prohibits payment for an item or service under Medicaid or CHIP unless the claim contains: (1) a valid beneficiary identification number corresponding to an individual enrolled under the state plan or an applicable waiver; and (2) a valid provider identifier corresponding to a provider eligible to receive payment for furnishing such item or service. Directs the Comptroller General to recommend methods to make Medicare claims data available to the public to improve Medicare transparency while protecting the privacy of individual Medicare beneficiaries, service providers, and suppliers.
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 · 15 November 2011
Achieving a Better Life Experience Act of 2011 or the ABLE Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts to assist an individual with a disability in building an account to pay for qualified disability expenses. Defines "qualified disability expenses" to include expenses for education, a primary residence, transportation, obtaining and maintaining employment, health and wellness, and other personal support expenses. Treats a qualified ABLE program and an ABLE account in the same manner as a qualified tuition program for income tax purposes (i.e., allowing a tax exemption for such program and an exclusion from gross income of amounts attributable to a contributor to or a beneficiary of a program account). Defines "qualified ABLE program" as a program established and maintained by a state agency under which a person may make contributions to an ABLE account established to pay for qualified disability expenses. Requires amounts in ABLE accounts to be disregarded in determining eligibility for Medicaid and other means-tested federal programs. Suspends the payment of supplemental security income benefits under title XVI (Supplemental Security Income) of the Social Security Act to an individual during any period in which such individual has excess resources attributable to an ABLE account.
United States · United States Congress · 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 · 2 November 2011
Federal Communications Commission Consolidated Reporting Act of 2011 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to publish on its website and submit to Congress a biennial report on the state of the communications marketplace assessing: (1) competition, including intermodal, facilities-based, and new and emergent services competition and addressing the provision of content and communications using the Internet; (2) deployment of communications capabilities, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; and (3) whether laws, regulations, or regulatory practices pose a barrier to competitive entry or expansion of existing providers of communications services. Requires the FCC to compile a list of geographic areas that are not served by any provider of advanced telecommunications capability. Repeals and consolidates various FCC reports including reports on satellite competition, international broadband, video programming, cable industry prices, small business entry barriers, commercial mobile radio, and several other existing reports under such Act.