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
Supports the people of Syria as they seek to exercise universal rights and pursue peaceful democratic change. Condemns the human rights abuses of the government of Syria, including the use of lethal violence, torture, mass arrests, and the cut-off of basic services. Condemns the government of Iran for assisting the government of Syria in its campaign of repression against the Syrian people. Warns that the government of Syria is committing international crimes against its people. Finds that the government of Syria, led by Bashar al-Assad, has lost legitimacy and expresses support for the people of Syria to determine their future for themselves. Encourages U.S. officials to engage with civil society in Syria. Urges the President to: (1) speak out directly to the people of Syria; (2) in conjunction with international partners, ensure access of humanitarian relief organizations and international media to affected areas of Syria and to impose consequences on the government of Syria and its leaders if access by these organizations continues to be impeded; and (3) work with our allies and partners at the U.N. Security Council to hold accountable human rights abusers in Syria and to support the human rights of the Syrian people. Urges the United Nations Human Rights Council (UNHRC) to: (1) implement UNHRC Resolution S-16/1 and to ensure that the investigation into violations by the government of Syria of international human rights law is undertaken immediately, and (2) reinforce the need for the U.N. General Assembly to reject Syria's candidacy for UNHRC membership.
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 · 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.
United States · United States Congress · 13 May 2011
Reaffirms support for a negotiated solution to the Israeli-Palestinian conflict resulting in two states, a democratic Jewish state of Israel and a democratic Palestinian state living in peace and mutual recognition. States that any Palestinian unity government must forswear terrorism, accept Israel's right to exist, and reaffirm previous agreements made with Israel. Opposes any attempt to establish or seek recognition of a Palestinian state outside of an agreement negotiated between Israel and the Palestinians. Urges Palestinian leaders to cease efforts at circumventing the negotiation process, including through a unilateral declaration of statehood or by seeking recognition of a Palestinian state from other nations or the United Nations (U.N.). Supports the Administration's opposition to a unilateral declaration of a Palestinian state. Affirms that Palestinian efforts to circumvent direct negotiations will harm U.S.-Palestinian relations and will have implications for U.S. assistance programs for the Palestinians and the Palestinians Authority (PA). Reaffirms the U.S. statutory requirement precluding assistance to a PA that includes Hamas unless that PA and all its ministers accept Israel's right to exist and all prior agreements and understandings with the United States and Israel.
United States · United States Congress · 12 May 2011
Arbitration Fairness Act of 2011 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or civil rights dispute. Declares, further, that the validity and enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy.
United States · United States Congress · 10 May 2011
Lena Horne Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.
United States · United States Congress · 3 May 2011
American Steel First Act of 2011 - Prohibits heads of the Department of Homeland Security (DHS), the Department of Defense (DOD), and the Department of Transportation (DOT) from obligating or expending funds or providing financial assistance for projects for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in such project is produced in the United States. Waives such prohibition in cases where: (1) the prohibition would be inconsistent with the public interest, (2) iron and steel are not produced in the United States in sufficient and reasonably available quantities of a satisfactory quality, or (3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25%. Prohibits waivers by a department head for products produced in a foreign country that is determined by the U.S. Trade Representative to have violated the terms of an agreement with the United States by discriminating against products covered by the agreement that are produced in the United States. Prohibits such department heads from imposing financial assistance restrictions on: (1) states that impose more stringent requirements on the use of iron and steel in foreign countries in projects carried out with such assistance, or (2) recipients that comply with such state imposed requirements. Makes any person who intentionally mislabels or misrepresents a product used in a project under this Act as "Made in America" ineligible for another department contract from for six years. Requires the Secretary of Transportation to: (1) publish a justification for a waiver of the prohibition against obligating funds to carry out the Surface Transportation Assistance Act of 1982, highway projects, public transportation projects, or aviation programs unless the steel, iron, and manufactured products used are produced in the United States; and (2) provide for public notice and comment for such waiver.
United States · United States Congress · 3 May 2011
Keep American Jobs from Going Down the Drain Act - Amends the Safe Drinking Water Act and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the use of funds made available from a state loan fund or a state water pollution control revolving fund, respectively, from being used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in such project are produced in the United States. Waives such requirement when the Administrator of the Environmental Protection Agency (EPA), in consultation with the relevant governor, finds that: (1) applying such requirement would be inconsistent with the public interest; (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of such goods will increase the cost of the overall project by more than 25%. Requires the Administrator to: (1) provide public notice and the opportunity to comment on the Administrator's intent to issue a waiver no less than 15 days prior to waiving such requirements; and (2) publish a justification of any waiver issued.
United States · United States Congress · 15 April 2011
Safe Highways and Infrastructure Preservation Act - Prohibits a state from prescribing or enforcing any regulation that allows a restricted property-carrying unit (any trailer, semitrailer, container, or other property-carrying unit longer than 53 feet, except for a fire-fighting unit) to operate on the National Highway System (NHS) (including the Interstate System), unless the operation of such unit is authorized by the state on June 1, 2008, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before that date. Prohibits a state from allowing the operation of a commercial motor vehicle combination on the NHS (except a vehicle or load that cannot be dismantled or divided easily, and that has been issued a special permit under state law) with more than one property-carrying unit (excluding the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by state law on June 1, 2008; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continual seasonal operation) in such state on or before June 1, 2008. Prohibits a state from allowing the operation of a vehicle or combination (other than a longer combination vehicle) exceeding Interstate weight limits on the Interstate System unless its operation was lawful: (1) on July 1, 1956; (2) in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974; or (3) under a special permit pursuant to state (grandfather) law. Declares that Interstate weight limitations on vehicles and combinations (other than longer combination vehicles) that operate on the Interstate System shall also apply to such vehicles and combinations that operate on non-Interstate segments of the NHS, unless: (1) such segments are subject to lower state weight limits; or (2) a state allows the operation of any vehicle or combination on an existing non-Interstate segment of the NHS that could be so operated lawfully on June 1, 2008.
United States · United States Congress · 14 April 2011
Short Sea Shipping Act of 2011 - Amends the Internal Revenue Code to exempt from the harbor maintenance tax commercial cargo (other than bulk cargo) loaded at: (1) a port in the U.S. mainland and unloaded at another such port after transport solely by coastal route or river or unloaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System, or (2) such a port in Canada and unloaded at a port in the U.S. mainland. Defines the "Great Lakes Saint Lawrence Seaway System" as the waterway between Duluth, Minnesota, and Nova Scotia, encompassing the five Great Lakes, their connecting channels, and the Saint Lawrence River.
United States · United States Congress · 13 April 2011
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [ sic ] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.
United States · United States Congress · 12 April 2011
Return to Prudent Banking Act of 2011 - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from being an affiliate of any broker or dealer, investment adviser, investment company, or any other person or entity engaged principally in the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities. Prohibits officers, directors and employees of securities firms from simultaneous service on the boards of depository institutions, except in specified circumstances. Requires any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution to terminate such service as soon as practicable after enactment of this Act. Requires an insured depository institution to wind-down in an orderly manner and terminate any affiliation prohibited by this Act. Amends the Banking Act of 1933 (Glass-Steagall Act) to expand its prohibition against the transaction of banking activities by securities firms. Declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in the case of Investment Company Institute v. Camp ( ICI vs. Camp ) regarding permissible activities of banks and securities firms. Declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the FDIA as enacted by this Act. Prohibits a federal banking agency or federal court from issuing an interpretation regarding such security affiliations that is narrower than that of Court in ICI vs. Camp . Makes technical and conforming changes to the Gramm-Leach-Bliley Act, the Revised Statutes of the United States, and specified federal law. Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate federal banking agency to report to Congress a detailed description of the basis for its decision each time it makes a determination or grants an extension concerning an affiliation between insured depository institutions and investment banks or securities firms.
United States · United States Congress · 5 April 2011
Fighting for American Jobs Act of 2011 - Directs each federal agency that provides contracts, grants, loans, or loan guarantees to businesses to require, as a condition of such assistance, that such businesses provide annually information on: (1) the number of employees employed in the United States and its territories and possessions and the number employed outside the United States, as well as wage information on U.S. employees; and (2) the percentage of the workforce that has been laid off or forced to resign during the preceding year. Prohibits, until the situation is corrected, subsequent federal assistance to businesses that lay off a greater percentage of workers in the United States and its territories and possessions than in other countries.
United States · United States Congress · 5 April 2011
National Manufacturing Strategy Act of 2011 - Expresses the sense of Congress that: (1) the U.S. government should promote policies related to the nation's manufacturing sector intended to promote growth, sustainability, and competitiveness, create well-paying jobs, enable innovation and investment, and support national security; and (2) the President and Congress should act promptly to pursue policies consistent with a National Manufacturing Strategy (Strategy). Directs the President, every four years, to submit to Congress, and publish on a public website, a Strategy. Directs the President to establish the President's Manufacturing Strategy Board to: (1) advise the President and Congress on issues affecting the nation's manufacturing sector; (2) conduct a comprehensive analysis of such sector; (3) develop a Strategy; and (4) report annually to the President and Congress on the current state of U.S. manufacturing. Directs the Comptroller General, in each of 2013, 2017, and 2021, to submit to Congress an assessment and analysis of the Strategy. Directs the President, in developing each Strategy, to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study concerning U.S. manufacturing and related assessments and reviews. Requires the NAS to report each study's results to Congress and the President. Requires the President, in preparing each annual budget, to include information regarding that budget's consistency with the goals and recommendations included in the latest Strategy.
United States · United States Congress · 4 April 2011
Restroom Gender Parity in Federal Buildings Act - Requires the Federal Acquisition Regulation to be revised to: (1) direct federal procurement executives involved in the acquisition, construction, or major renovation of any facility to increase infrastructure gender parity by constructing buildings in such a way that the number of toilets in women's restrooms will equal or exceed the number of toilets (including urinals) in men's restrooms or, if such a number is unachievable or not feasible, to receive a statement by the Administrator of General Services (GSA) as to why such a number of toilets is not needed; and (2) direct federal procurement executives involved in leasing buildings to give preference to the leasing of facilities that meet or exceed the female toilet to male toilet ratio of one to one. Requires the Director of Federal Procurement Policy to issue guidance to all federal procurement executives providing direction and instructions to renegotiate the design of proposed facilities, renovations for existing facilities, and leased facilities to incorporate improvements that are consistent with this Act.
United States · United States Congress · 4 April 2011
United States Postal Service Pension Obligation Recalculation and Restoration Act of 2011 - Prescribes the "average pay" and the appropriate percentage thereof to be used in determining annuities for civilian employment with the United States Postal Service (USPS) for purposes of provisions relating to future benefits attributable to such employment in order to calculate the amount of any USPS surplus or supplemental liability under the Civil Service Retirement System. Requires the Office of Personnel Management (OPM): (1) within six months after enactment of this Act, to determine (or, if applicable, redetermine) the amount of such surplus or liability as of the close of the most recently ending fiscal year using the methodology required under this Act; and (2) if the result is a surplus, to transfer the surplus amount to the Postal Service Retiree Health Benefits Fund within 15 days after the determination of a surplus. Provides for an alternate determination of an USPS surplus or supplemental liability for FY2016-FY2020. Requires transfer of certain surplus postal retirement contributions in FY2011 to the Postal Service Retiree Health Benefits Fund or the Employees' Compensation Fund under the Federal Employees' Compensation Act (FECA). Expresses the intent of Congress that this Act shall apply to allocations of past, present, and future benefit liabilities between the USPS and the Treasury.
United States · United States Congress · 1 April 2011
Social Security Fairness Act of 2011 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the government pension offset requirement applicable to and reducing husband's and wife's insurance benefits, widow's and widower's insurance benefits, and divorced mother's and divorced father's insurance benefits with respect to federal, state, or local government employees who receive a government pension and did not pay Social Security taxes during their years of government service, and so did not earn entitlement to Social Security benefits for those years. Repeals also the windfall elimination requirement with respect to computation of an individual's primary insurance amount under which OASDI retirement or disability benefits are reduced if the individual receives a federal, state, or local government pension, did not pay Social Security taxes during the years of government service, and so did not earn entitlement to Social Security benefits for those years.
United States · United States Congress · 29 March 2011
Equity in Government Compensation Act of 2011 - Requires the Director of the Federal Housing Finance Agency to: (1) suspend immediately the compensation packages approved for 2011 for the executive officers of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs); and (2) establish, in lieu of such packages, a compensation system for such officers in accordance with the rates of pay for positions in the Executive Schedule and the Senior Executive Service of the federal government. Expresses the sense of Congress that each executive officer of Fannie Mae and Freddie Mac whose compensation package is suspended should return to the Secretary of the Treasury (clawback) any compensation earned in 2010 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. Instructs the Secretary of the Treasury to transfer any such amounts returned to the Secretary to a specified account in the Treasury for receiving gifts and proceeds from their sale or redemption, and dedicated to reducing the public debt. Establishes requirements for determining compensation rates for GSE employees according to the General Schedule for federal civil service employees.
United States · United States Congress · 17 March 2011
Stop Trading on Congressional Knowledge Act - Amends the Securities Exchange Act of 1934 and the Commodity Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress, (2) by reason of being a Member or employee of Congress, or (3) from other federal employees and derived from their federal employment. Amends the Code of Official Conduct of the Rules of the House of Representatives to prohibit any Member, officer, or employee of the House from disclosing material nonpublic information relating to any pending or prospective legislative action relating to any publicly-traded company or to any commodity if such person has reason to believe that the information will be used to buy or sell the securities of that publicly traded company or that commodity for future delivery based on such information. Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities and commodities futures transactions to either the Clerk of the House of Representatives or the Secretary of the Senate. Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements, as well as requirements for identification of clients and covered legislative and executive officials, all political intelligence activities, contacts, firms, and consultants. Requires the Comptroller General to include political intelligence activities, contacts, firms, and consultants in its annual compliance audits and reports.
United States · United States Congress · 17 March 2011
Community Alcohol Regulatory Effectiveness Act of 2011 - Amends the Webb-Kenyon Act to: (1) state that it is the policy of Congress to recognize and reaffirm that alcohol is different from other consumer products and that it should continue to be regulated by the states, and (2) prohibit states or territories from discriminating against out-of-state producers of alcoholic beverages in favor of in-state or in-territory producers unless such states or territories can demonstrate that that such discrimination advances a legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives. Amends the Wilson Act to eliminate the requirement that a state or territory regulate all fermented, distilled, or other intoxicating liquors or liquids transported into such jurisdiction to the same extent and in the same manner as such liquors or liquids produced in such jurisdiction.
United States · United States Congress · 17 March 2011
Competitive Health Insurance Reform Act of 2011 - Amends the McCarran-Ferguson Act to provide that nothing in that Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. Applies prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit. Prohibits class action lawsuits on any claim against an insurer for a violation of the McCarran-Ferguson Act, except suits by: (1) the United States or any state, or (2) named individual claimants for their particular injuries.
United States · United States Congress · 16 March 2011
Fair Employment Act of 2011 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to add unemployment status to the categories of prohibited discrimination. Defines "unemployment status" as being unemployed, having actively looked for employment during the then most recent four-week period, and currently being available for employment.
United States · United States Congress · 11 March 2011
Fairness in Medicare Bidding Act or FIMBA - Amends part B (Supplementary Medical Insurance Benefits for Aged and Disabled) of title XVIII (Medicare) of the Social Security Act to repeal the Medicare competitive acquisition program for durable medical equipment and prosthetics, orthotics, and supplies (DMEPOS). Rescinds specified unobligated balances of all discretionary appropriations, except those for the Department of Defense (DOD) or the Department of Veterans Affairs (VA). Directs the Office of Management and Budget (OMB) to determine and identify each account, program, project, and activity to which this rescission and its amount shall apply.
United States · United States Congress · 9 March 2011
Federal Price Gouging Prevention Act - Makes it unlawful for any person, during a proclaimed international crisis affecting the oil market, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; and (2) indicates the seller is taking unfair advantage of the circumstances of the crisis to increase prices unreasonably. Authorizes the President to issue such a proclamation citing the geographic area, gasoline or other petroleum distillate, and time period (not to exceed 30 consecutive days) covered. Permits such a proclamation to be renewed as the President determines appropriate and to include a period of up to one week preceding a reasonably foreseeable emergency. Sets forth factors to be considered in determining if a violation of this Act has occurred. Requires the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice and to give priority to enforcement actions concerning companies with U.S. sales over $10 billion per year. Prescribes civil and criminal penalties for violations, but limits the criminal penalty to criminal actions brought by the Department of Justice (DOJ). Authorizes a state to bring a civil action to enforce this Act. Declares that nothing in this Act preempts any state law.
United States · United States Congress · 3 March 2011
Free and Fair Trade Act of 2011 - Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through June 30, 2012. Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after December 31, 2010, and before the 15th day after enactment of this Act. Makes ineligible for such treatment certain imported sleeping bags. Amends the Andean Trade Preference Act (ATPA) to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through June 30, 2012. Extends through FY2012 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres). Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after February 12, 2011, and before the 15th day after enactment of this Act. Extends the President's authority to take bilateral emergency action to grant duty-free treatment of certain apparel articles imported from an ATPDEA beneficiary country. Rescinds $2.3 billion in appropriated discretionary unexpired federal funds.
United States · United States Congress · 3 March 2011
United States Exploration on Idle Tracts Act or USE IT Act - Directs the Secretary of the Interior to issue regulations to establish a specified graduated annual production incentive fee with respect to federal onshore and offshore lands subject to a lease for production of oil or natural gas under which production is not occurring.
United States · United States Congress · 28 February 2011
Declares that Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.
United States · United States Congress · 17 February 2011
Fair Access to Credit Scores Act of 2011 - Amends the Fair Credit Reporting Act to require consumer reporting agencies to disclose any information in the consumer's file concerning credit scores or other related risk scores or predictors when the consumer requests a free annual disclosure (credit report). Requires all consumer reporting agencies to maintain information in the consumer's file concerning such scores or predictors for at least one year from the date on which such information is placed in the file. Directs the Comptroller General to study bankruptcy risk scores used by consumer reporting agencies, including an analysis of: (1) the factors used to determine such scores; (2) how bankruptcy risk scores impact the ability of consumers to receive loans; and (3) actions that consumers can take to improve such scores.
United States · United States Congress · 10 February 2011
Currency Reform for Fair Trade Act - Amends the Tariff Act of 1930 to include as a "countervailable subsidy" requiring action under a countervailing duty or antidumping duty proceeding the benefit conferred on merchandise imported into the United States from foreign countries with fundamentally undervalued currency. Defines "benefit conferred," in cases where the currency of a foreign country is exchanged for foreign currency (i.e., U.S. dollars) obtained from export transactions, as the difference between: (1) the amount of currency provided by a foreign country in which the subject merchandise is produced; and (2) the amount of currency such country would have provided if the real effective exchange rate of its currency were not fundamentally undervalued. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Requires the administering authority to determine that the currency of a foreign country is fundamentally undervalued if for an 18-month period: (1) the government of the country engages in protracted, large-scale intervention in one or more foreign exchange markets; (2) the country's real effective exchange rate is undervalued by at least 5%; (3) the country has experienced significant and persistent global current account surpluses; and (4) the country's government has foreign asset reserves exceeding the amount necessary to repay all its debt obligations falling due within the coming 12 months, 20% percent of the country's money supply, and the value of the country's imports during the previous 4 months. Requires the use, for calculating a country's "real effective exchange rate undervaluation," of certain guidelines of the Consultative Group on Exchange Rate Issues of the International Monetary Fund (IMF) or, if those guidelines are not available, generally accepted economic and econometric techniques and methodologies. Requires the use, also, of inflation-adjusted, trade-weighted exchange rates. Applies the amendments made by this Act to goods from Canada and Mexico.
United States · United States Congress · 26 January 2011
Federal Reserve Transparency Act of 2011 - Directs the Comptroller General to complete, before the end of 2012, an audit of the Board of Governors of the Federal Reserve System and of the federal reserve banks, followed by a detailed report to Congress. Repeals specified limitations on such an audit.
United States · United States Congress · 26 January 2011
21st Century Civilian Conservation Corps Act - Authorizes the President, in order to relieve widespread unemployment, restore depleted natural resources in the United States, and advance public works programs, to establish a Civilian Conservation Corps to employ unemployed or underemployed U.S. citizens in the construction, maintenance, and carrying on of works of a public nature, such as forestation of U.S. and state lands, prevention of forest fires, floods, and soil erosion, and construction and repair of National Park System paths and trails. Authorizes the President to extend Corps activities to state- and private-owned lands to prevent and control forest fires and floods and attacks of forest tree pests and diseases. Requires the President, based on certain criteria, to give preference to the employment of additional persons in the Corps in the following order: (1) unemployed Armed Forces veterans (including Reserve members); (2) unemployed U.S. citizens who have exhausted their unemployment compensation; (3) unemployed U.S. citizens who are eligible for unemployment compensation immediately before employment in the Corps, including any additional compensation or extended compensation; and (4) other unemployed or underemployed U.S. citizens. Authorizes the President to provide housing and transportation for Corps employees. Prohibits discrimination in the hiring of Corps employees.
United States · United States Congress · 20 January 2011
Income Equity Act of 2011- Amends the Internal Revenue Code to: (1) deny employers a tax deduction for payments of excessive compensation to any full-time employee (i.e., compensation for services exceeding the greater of 25 times the lowest compensation paid to any other employee or $500,000), and (2) require such employers to file a report with the Secretary of the Treasury on excessive compensation (as defined by this Act) paid to their employees. Defines "compensation" to include wages, salary, deferred compensation, retirement contributions, options, bonuses, property, and other forms of compensation.
United States · United States Congress · 18 January 2011
Retired Pay Restoration Act - Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 5 January 2011
Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act - Declares that it is U.S. policy to protect and preserve living and other resources of the Gulf of the Farallones National Marine Sanctuary (Farallones NMS) and Cordell Bank National Marine Sanctuary (Cordell Bank NMS) marine environments. Makes certain adjustments to expand the boundaries of the Farallones NMS and the Cordell NMS. Prohibits the issuance of a lease or permit authorizing mineral or hydrocarbon exploration, development, production, or transportation by pipeline within the boundaries of the sanctuaries, as modified by this Act. Directs the Secretary of Commerce to complete: (1) a draft supplemental management plan for each of the sanctuaries that focuses on management in the areas added by this Act; and (2) a revised management plan for each of the sanctuaries. Directs the Secretary to carry out an assessment of necessary revisions to the regulations for the sanctuaries, including considering regulations regarding the deposit or release of introduced species and the alteration of stream and river drainage into the sanctuaries.
United States · United States Congress · 5 January 2011
Belated Thank You to the Merchant Mariners of World War II Act of 2011 - Establishes in the Treasury the Merchant Mariner Equity Compensation Fund for payments by the Secretary of Veterans Affairs (VA) of a monthly benefit of $1,000 to each individual who, between December 7, 1941, and December 31, 1946, was a documented member of the U.S. merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was operated in U.S. waters by the War Shipping Administration or the Office of Defense Transportation and under contract to, or the property of, the United States. Requires such individuals to: (1) apply for such benefit within one year after the enactment of this Act; and (2) not have received benefits under the Servicemen's Readjustment Act of 1944. Requires the Secretary to include, in annual budget documents submitted to Congress, detailed information on the Fund's operation.
United States · United States Congress · 5 January 2011
Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) the Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to the Department Under Secretary, the Department Assistant Secretaries, and the General Counsel.
United States · United States Congress · 16 December 2010
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. Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted prior to the vote on passage.
United States · United States Congress · 29 November 2010
21st Century Civilian Conservation Corps Act - Authorizes the President, in order to relieve widespread unemployment, restore depleted natural resources in the United States, and advance public works programs, to establish a Civilian Conservation Corps to employ unemployed or underemployed U.S. citizens in the construction, maintenance, and carrying on of works of a public nature, such as forestation of U.S. and state lands, prevention of forest fires, floods, and soil erosion, and construction and repair of National Park System paths and trails. Authorizes the President to extend Corps activities to state- and private- owned lands to prevent and control forest fires and floods and attacks of forest tree pests and diseases. Requires the President, based on certain criteria, to give preference to the employment of additional persons in the Corps in the following order: (1) unemployed Armed Forces veterans (including Reserve members); (2) unemployed U.S. citizens who have exhausted their unemployment compensation; (3) unemployed U.S. citizens who are eligible for unemployment compensation immediately before employment in the Corps, including any additional compensation or extended compensation; and (4) other unemployed or underemployed U.S. citizens. Authorizes the President to provide housing and transportation for Corps employees. Prohibits discrimination in the hiring of Corps employees.
United States · United States Congress · 18 November 2010
Recognizes Mark Twain as one of America's most famous literary icons and commemorates him on the 175th anniversary of his birth and the 100th anniversary of his death.
United States · United States Congress · 16 September 2010
Honors Colonel Stephen E. Buyer for his 30 years of service on the occasion of his retirement from the U.S. Army Reserve on September 16, 2010. Commends Colonel Buyer for his excellence as an Army Reserve Judge Advocate Officer, his exemplary career in public service, and his distinguished military service.
United States · United States Congress · 15 September 2010
Fair Playing Field Act of 2010 - Amends the Internal Revenue Code, with respect to the classification of workers for employment tax purposes, to: (1) repeal the prohibition against issuance of regulations and guidance by the Secretary of the Treasury on workers' employment tax status (i.e., as an employee or as an independent contractor) enacted by the Revenue Act of 1978; (2) direct the Secretary to issue regulations and other guidance to clarify the proper employment status of workers for employment tax purposes; (3) prohibit a retroactive assessment of employment tax, except with respect to certain skilled workers, for tax periods after December 31, 1978, and before a specified reclassification date for worker misclassifications, unless the taxpayer had no reasonable basis for not treating a worker as an employee; (4) require taxpayers who hire independent contractors on a regular and ongoing basis to provide such contractors with notice of their federal tax obligations, the labor and employment law protections that do not apply to them, and their right to seek a status determination from the Internal Revenue Service (IRS); and (5) eliminate reduced penalty provisions for failure to withhold income taxes for taxpayers who lack a reasonable basis for treating a worker as other than an employee (i.e., as an independent contractor).
United States · United States Congress · 15 September 2010
Veterans Benefits and Economic Welfare Improvement Act of 2010 - Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA; (2) has not acquired a marketable skill since being separated or released from military service; (3) was discharged under honorable conditions; and (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150% of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008. Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses; and (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease. Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury. Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment. Increases from $1,000 to $2,000 the monthly pension for Medal of Honor recipients. Provides that, for purposes of VA laws and benefits, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.
United States · United States Congress · 15 July 2010
United States Postal Service's CSRS Obligation Modification Act of 2010 - Prescribes the "average pay" and the appropriate percentage thereof to be used in determining annuities for civilian employment with the United States Postal Service (USPS) for purposes of provisions relating to future benefits attributable to such employment in order to calculate the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System. Requires the Office of Personnel Management (OPM): (1) within six months after enactment of this Act, to determine (or, if applicable, redetermine) the amount of such surplus or liability as of the close of the most recently ending fiscal year using the methodology required under this Act; and (2) if the result is a surplus, to transfer the surplus amount to the Postal Service Retiree Health Benefits Fund.
United States · United States Congress · 1 July 2010
Miner Safety and Health Act of 2010 - Amends the Federal Mine Safety and Health Act of 1977 (this Act) to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) issue citations and penalties in case of violations, and in cases involving possible criminal actions, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths; or (2) whose severity or scale merits an independent investigation. Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Prescribes requirements for mine operators having a pattern of recurring citations, withdrawal orders, accidents, injuries, or illnesses. Establishes in the Treasury the Mines in Pattern Status Inspection Fund for deposit of fees collected from mines in pattern (of violation) status for the costs of additional inspections. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) order withdrawal of all persons from a mine, and prohibit them from entering it, until the operator submits and the Secretary approves a new plan. Revises civil and criminal penalties and related administrative procedures. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the entire period for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the balance of their shift, and up to four hours of the next working shift if an order is not terminated beforehand.) Prohibits an underground coal mine operator from discharging (or constructively discharging) a miner paid on an hourly basis without reasonable job-related grounds based on certain failures to perform job duties satisfactorily if the miner has completed the employer's probationary period of up to six months. Allows a miner aggrieved by violation of this prohibition to file a complaint in federal district court for reinstatement and compensatory damages. Requires each underground coal mine operator to implement a communication program to ensure that each miner entering a mine is made aware, at the start of a shift, of current mine conditions. Prescribes additional requirements for the monitoring of coal dust in underground mines. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination. Amends the Occupational Safety and Health Act of 1970 to revise certain employee protections against discrimination. Prescribes an employee's victim rights before the Secretary or before the Occupational Safety and Health Review Commission with respect to: (1) inspections or investigations of employer violations of federal occupational safety and health standards; or (2) a work-related bodily injury or death. Prescribes administrative requirements for an employer's correction of a serious, willful, or repeated violation of federal occupational safety and health standards pending contest and procedures for a stay. Increases civil penalties for such violations. Subjects to certain increased criminal penalties an employer who knowingly violates a federal occupational safety and health standard, or regulation prescribed by such Act, that causes or contributes to the death of an employee. Adds penalties for a knowing violation that causes or contributes to serious bodily harm to any employee but does not cause any employee's death.
![Official portrait of Rep. Visclosky, Peter J. [D-IN-1]](https://www.congress.gov/img/member/v000108_200.jpg)