United States · United States Congress · 25 July 2012
U.S. Agricultural Sector Relief Act of 2012 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), pursuant to an application submitted by any person, to seek a critical use exemption under the Montreal Protocol to allow the production, importation, and consumption of methyl bromide: (1) for any approved critical use that is determined by the Administrator to be a critical use for the applicant, and (2) in the amount necessary for such use. Prohibits the Administrator from denying such an application or reducing the amount requested unless the Administrator: (1) has substantial evidence that there is a technically and economically feasible alternative available to the applicant for such use of methyl bromide, and (2) provides such evidence to the applicant in writing. Requires the Administrator, pursuant to an application, to allow the production, importation, and consumption of methyl bromide for any approved critical use in response to an emergency event, in an amount necessary for such use, not to exceed: (1) per emergency event at a specific location, 20 metric tons, or (2) in the aggregate for emergency use in the United Sates in a year, the total amount authorized pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011. Requires the Administrator to ensure that sufficient quantities of methyl bromide are available for research on methyl bromide alternatives for the agricultural sector. Requires the Administrator to review, and adjust as appropriate, any critical use nomination for production, importation, or consumption of methyl bromide in the United States that has been submitted to the Parties to the Montreal Protocol if: (1) a methyl bromide alternative is removed from the U.S. market; and (2) on the basis of the availability of such alternative, the Administrator denied, or reduced the amount requested under, any application for production, importation, or consumption of methyl bromide for the year covered by such nomination.
United States · United States Congress · 23 July 2012
Declares that no presidential permit shall be required for the pipeline application filed on May 4, 2012, by TransCanada Corporation for the northern portion of the Keystone XL pipeline from the Canadian border to the South Dakota/Nebraska border. Deems the final environmental impact statement issued by the Secretary of State on August 26, 2011, to satisfy all requirements of the National Environmental Policy Act of 1969. Declares that this Act does not affect the ongoing work of the state of Nebraska with regard to the fully intrastate portion of the Keystone XL pipeline.
United States · United States Congress · 18 July 2012
Amends the Siletz Tribe Indian Restoration Act to authorize the Secretary of the Interior to take into trust for the Siletz Tribe additional lands that lie within the original 1855 Siletz Coast Reservation and are located in Benton, Douglas, Lane, Lincoln, Tillamook, or Yamhill County in Oregon. Requires such land to be considered and evaluated as an on-reservation acquisition and become part of the Tribe's reservation. (Off-reservation land acquisition requests require the Secretary to give greater scrutiny to the tribe's justification of the anticipated benefits from the acquisition.) Prohibits gaming on lands taken into trust pursuant to this Act.
United States · United States Congress · 9 July 2012
Healthy Forest Management Act of 2012 - Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state. Allows a state governor or the Secretary of Agriculture (USDA), with respect the National Forest System, or of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation. Allows a governor or the Secretary, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Prohibits clear cutting as a part of any such project. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Authorizes the Secretary concerned to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services that include: (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. Permits state foresters to enter into subcontracts to provide such restoration and protection services. Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend the authority to enter, and the duration of, contracts to perform services to achieve land management goals for national forests that meet local and rural community needs.
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 · 7 June 2012
National Desert Storm and Desert Shield War Memorial Act - Authorizes the National Desert Storm Memorial Association to establish a commemorative work on federal land in the District of Columbia to commemorate and honor those who, as members of the Armed Forces, served on active duty in support of Operation Desert Storm or Operation Desert Shield. Prohibits the use of federal funds to pay any expense to establish the commemorative work.
United States · United States Congress · 5 June 2012
Hydropower Regulatory Efficiency Act of 2012 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements. Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements. Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria. Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements. Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence. Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects. Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.
United States · United States Congress · 31 May 2012
Forest Products Fairness Act of 2012 - Amends the Farm Security and Rural Investment Act of 2002 to include in the definition of "biobased product" forest products that meet biobased content requirements, notwithstanding the market share the product holds, the product's age, or whether the market for the product is new or emerging. Defines "forest product" as a product made from materials derived from the practice of forestry or the management of growing timber, including: (1) pulp, paper, paperboard, pellets, and wood products; and (2) any recycled products derived from forest materials.
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 · 18 May 2012
Restoring Access to Medication Act - Repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs).
United States · United States Congress · 15 May 2012
Catastrophic Wildfire Prevention Act of 2012 - Authorizes the Secretary of Agriculture (USDA), with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, (the Secretaries) to implement authorized wildfire prevention projects in at-risk forests and threatened and endangered species in a manner that focuses on surface, ladder, and canopy fuels reduction activities. Requires projects carried out on threatened and endangered species habitat to: (1) provide enhanced protection from wildfire, including catastrophic wildfire, for the endangered species, threatened species, or their habitat; and (2) comply with applicable recovery plan guidelines. Requires projects carried out in at-risk forests to move the federal land from condition class II or III toward condition class I. Permits use in a project of: (1) domestic livestock grazing to reduce surface fuel loads and to recover burned areas; and (2) timber harvesting and thinning to reduce ladder and canopy fuel loads for the prevention of wildfire, including catastrophic wildfires. Directs the Secretaries to review public petitions for, and make determinations with respect to, the designation of federal lands as at-risk forests or as threatened and endangered species habitats. Requires notice in the Federal Register of proposed projects and final designated projects and permits public comment on projects as specified. Instructs the Secretaries to prepare an environmental assessment for projects that include timber harvesting or grazing. Instructs the Secretaries to research what impact any listing of a species under the Endangered Species Act of 1973 would have on both forage and timber forest fuel loads. Requires endangered species recovery plans and critical habitat determinations to include a wildfire risk assessment analysis.
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 · 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 · 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 · 17 April 2012
Amends the Electronic Fund Transfer Act with respect to mandatory fee disclosures on automated teller machines (ATMs) operated by a person other than a financial institution holding a consumer's account. Repeals the requirement that such a fee disclosure appear in a prominent and conspicuous location on or at the ATM. Limits such requirement to appearance of a fee disclosure on the ATM screen.
United States · United States Congress · 29 March 2012
Amends the Internal Revenue Code to extend through 2013 the exclusion from gross income of income attributable to the discharge of indebtedness on a principal residence.
United States · United States Congress · 21 March 2012
Grazing Improvement Act of 2012 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years). Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, Granger-Thye Act, Bankhead-Jones Farm Tenant Act, or California Desert Protection Act of 1994. Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the requirement under the National Environmental Policy Act of 1969 (NEPA) to prepare an environmental analysis if such decision continues current grazing management of the allotment. States that crossing and trailing permits are an administrative decision and shall be excluded from the requirement to prepare an environmental analysis. Makes provisions of the Administrative Procedure Act applicable to appeals made by grazing permittees regarding grazing permits or leases under the Act and the Forest and Rangeland Renewable Resources Planning Act of 1974.
United States · United States Congress · 21 March 2012
Iron Dome Support Act - Authorizes the President to provide assistance to the government of Israel for the procurement, maintenance, and sustainment of the Iron Dome anti-missile defense system for purposes of intercepting short-range missiles launched against Israel.
United States · United States Congress · 21 March 2012
Small Business Tax Cut Act - Amends the Internal Revenue Code to allow domestic businesses a tax deduction for 20% of the lesser of their qualified domestic business income (income effectively connected with a trade or business in the United States) or their taxable income for the taxable year. Limits the amount of such deduction to 50% of the the greater of the W-2 wages (payroll) paid to business non-owners or the sum of the W-2 wages paid to non-owner family members of direct owners (i.e., stockholders), plus any W-2 wages paid to direct owners who have a 10% or less interest in a business.
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
Amends the Internal Revenue Code to include within the definition of "manufacturer of tobacco products," for excise tax purposes, any person who for commercial purposes makes available for consumer use a machine capable of producing tobacco products.
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 · 28 February 2012
Pro Football 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 emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities.
United States · United States Congress · 16 February 2012
Health Information Technology Reform Act - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to exclude pathologists from Medicare and Medicaid incentive payments and, in particular, penalties relating to the meaningful use of electronic health records.
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 · 1 February 2012
Chemawa Indian School Trust Transfer and Self-Determination Act of 2012 - Directs the Administrator of the General Services Administration (GSA) to transfer to the Secretary of the Interior administrative jurisdiction over federally owned property occupied by the Chemawa Indian School and Chemawa Cemetery in Salem, Oregon. Requires the Secretary to hold that property in trust for nine federally recognized Indian tribes in Oregon. Requires the tribes to agree to use the Chemawa Indian School property only for their educational or cultural benefit, or for other purposes that are authorized by the Chemawa Indian School Board of Trustees (Board) and approved by the Secretary. Prohibits gaming on such lands. Directs the Secretary to establish the Board, which is to be composed of nine trustees appointed by the tribes and two adjunct trustee advisors appointed by the Secretary. Authorizes the Board to assume operation of the Chemawa Indian School or use the trust land for purposes authorized by this Act if it enters into a self-determination or self-governance agreement with the Secretary regarding such assumption or use. Requires the Board to use land occupied by the Chemawa Indian School for the collective benefit of the Oregon tribes, if the Secretary certifies that it is no longer needed for Indian education.
United States · United States Congress · 15 December 2011
National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.
United States · United States Congress · 8 December 2011
School Access to Emergency Epinephrine Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), in awarding grants to states under the children's asthma treatment grants program, to favor states that require their public elementary and secondary schools to: (1) permit authorized personnel to administer epinephrine to any student believed to be having an anaphylactic reaction, and (2) maintain a supply of epinephrine that is prescribed by a licensed physician and is stored in a secure and easily accessible location. (States given this preference are also required by current law to require those schools to authorize students, under certain conditions, to self-administer medication to treat their asthma or anaphylaxis.) Requires such states to also have a Good Samaritan law protecting school employees and agents from liability related to the administration of epinephrine to students believed, in good faith, to be having an anaphylactic reaction.
United States · United States Congress · 2 December 2011
North American Energy Access Act - Prohibits construction, operation, or maintenance of the oil pipeline and related facilities described in the Final Environmental Impact Statement (EIS) for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011 (including any modified version of that pipeline and related facilities), unless it is in compliance with the terms of a permit prescribed under this Act. Instructs the Federal Energy Regulatory Commission (FERC), to issue, within 30 days after receipt of an application, a permit for such pipeline and related facilities implemented in accordance with such Final EIS. Deems a permit to have been issued if FERC has not acted upon a permit application within 30 days after receipt. Declares FERC approval a prerequisite to authorization for a permit applicant to make substantial modifications to either the pipeline route or any other term of the Final EIS. Directs FERC to: (1) enter into a memorandum of understanding with the state of Nebraska for review under the National Environmental Policy Act of 1969 of any modification to the proposed pipeline route, and (2) complete consideration and approval of such modification within 30 days after receiving the governor's approval. Deems approval to have been issued if FERC has not acted within 30 days after receiving an application for approval of a modification. Declares a permit issued under this Act to be the sole legal authority to construct, operate, and maintain the Keystone XL Pipeline Project and related facilities.
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 · 18 November 2011
Modernizing Our Drug & Diagnostics Evaluation and Regulatory Network Cures Act of 2011 or the MODDERN Cures Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to: (1) establish the Advanced Diagnostics Education Council to recommend standard terms and definitions related to innovative diagnostics for use by patients, physicians, health care providers, payers, and policy makers.; and (2) publish a guide regarding such terms and definitions. Sets forth additional factors for the Secretary to consider in determining the payment amount for new clinical diagnostic laboratory tests under gap filling procedures which are used when no comparable existing test is available. Extends the exclusivity period for a drug or biological product if the diagnostic test related to such drug has been determined by the Secretary to have been developed by, or with the participation of, the manufacturer or sponsor of the drug or biological product, and use of the diagnostic tests provides for or improves: (1) the identification of a patient population for the drug or biological product; or (2) the determination of the most appropriate treatment option for a patient population with the drug or biological product. Establishes a dormant therapy designation for drugs or biological products that address unmet medical needs. Gives such a drug or biological product 15 years of data exclusivity under which no drug can be approved by relying on the approval or licensure of the dormant therapy.
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 · 17 November 2011
Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare electronic health record incentives to eligible professionals practicing in rural health clinics, and (2) extend Medicare quality reporting incentives to such clinics.
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 · 14 November 2011
Fallen Heroes of 9/11 Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of congressional gold medals in honor of the men and women who perished as a result of the September 11, 2001, terrorist attacks on the United States to the Flight 93 National Memorial in Pennsylvania, the National September 11 Memorial and Museum in New York, and the Pentagon Memorial at the Pentagon. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medals, with amounts received from the sale to be deposited in the United States Mint Public Enterprise Fund.
United States · United States Congress · 4 November 2011
Federal Land Transaction Facilitation Act Reauthorization of 2011 - Amends the Federal Land Transaction Facilitation Act (FLTFA) to reauthorize, until July 25, 2018, the program for the completion of appraisals and satisfaction of other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under the Federal Land Policy and Management Act of 1976. Makes the FLTFA inapplicable to land eligible for sale under specified public land laws.
United States · United States Congress · 4 November 2011
Equity and Access for Podiatric Physicians Under Medicaid Act - Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 3 November 2011
Open Burn Pit Registry Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to: (1) establish and maintain an open pit burn registry for members of the Armed Forces deployed in a contingency operation in Iraq or Afghanistan who may have been exposed to toxic chemicals and fumes caused by open burn pits used for disposing solid waste, (2) include in such registry information necessary to ascertain and monitor the health effects of such exposure, (3) develop a public information campaign to inform eligible individuals about the registry, and (4) periodically notify such individuals of significant developments in the study and treatment of conditions associated with such exposure. Requires the Secretary to: (1) contract with an independent scientific organization to develop a report assessing the effectiveness of actions taken to collect and maintain information on the health effects of such exposure, and (2) submit the completed report to Congress.
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.
United States · United States Congress · 2 November 2011
Federal Communications Commission Process Reform Act of 2011 - Amends the Communications Act of 1934 to establish procedural requirements for the Federal Communications Commission (FCC) concerning: (1) the issuance of proposed rulemaking notices, including the time periods for comments and replies and any necessary findings, background information, or performance measures that must be contained in such notices; (2) the circumstances under which the FCC is authorized to adopt or amend a rule; and (3) the disclosure of closed meetings held by a bipartisan majority of FCC Commissioners. Requires the FCC, before adopting or amending a rule that may have an economically significant impact, to: (1) analyze the specified market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the rule or amendment; and (2) determine that the benefits justify its costs. Directs the FCC to establish rules for: (1) Commissioners' deliberations including procedures for initiating agenda items and approving orders; and (2) the publication of the status of open rulemakings and all proposed orders, decisions, reports, or actions on circulation for review. Prohibits the FCC, without providing an opportunity for public review, from relying on unpublished reports to Congress or ex parte FCC communications or filings under specified circumstances. Directs the FCC to publish on its website and in other required formats: (1) each order, decision, report, or action within seven days of its adoption; and (2) an anticipated release schedule for all statistical reports and reports to Congress. Sets forth standards that restrict the FCC's authority to conditionally approve line and license transfers and other transactions. Prohibits the FCC from considering a voluntary commitment of a party to such transfer or transaction unless the FCC could adopt that commitment as a condition under such standards.
United States · United States Congress · 27 October 2011
Diagnostic Imaging Services Access Protection Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services (HHS) from applying a multiple procedure payment reduction policy to the professional component of imaging services furnished: (1) in 2012; or (2) in 2013 or a subsequent year unless the reduction is based on the data, analysis, and conclusions of a study completed by an expert panel of physician members from a national medical speciality society expert in the field of diagnostic imaging services.
United States · United States Congress · 24 October 2011
Rabbi Arthur Schneier Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world.
United States · United States Congress · 14 October 2011
Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device. Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use. Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision. Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements. Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval. Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval.
United States · United States Congress · 14 October 2011
Patients Come First Act of 2011 - Directs the Secretary of Health and Human Services (HHS): (1) within 90 days after enactment of this Act, to establish the schedule required under the Federal Food, Drug, and Cosmetic Act for the promulgation of regulations requiring premarket approval for medical devices required to remain in class III; and (2) not later than one year after the schedule is established, to issue a final regulation for each such device. Directs the Secretary to: (1) establish a program to assess information relating to device recalls and use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices, (2) clarify procedures for conducting device recall audit checks to improve the ability of investigators to perform those checks in a consistent manner, (3) develop detailed criteria for assessing whether a person performing a device recall has performed an effective correction or action plan for the recall, and (4) document the basis for each Food and Drug Administration (FDA) termination of a device recall.
United States · United States Congress · 14 October 2011
Cultivating Scientific Expertise to Foster Innovation for Patients Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to financial interests of Food and Drug Administration (FDA) advisory committee members to require the Secretary of Health and Human Services (HHS) to ensure that individual appointments to advisory committees are made to promote scientific and technical expertise while at the same time minimizing any potential conflicts of interest. Requires the Secretary to consider, with respect to any financial interest constituting a potential conflict of interest, the type, nature, and magnitude of the financial interest. Declares that no specific factor shall be dispositive in the Secretary's evaluation of a particular financial interest. Repeals the prohibition specifically applicable to FDA that prevents a member of an advisory committee from participating with respect to a particular matter if such individual or an immediate family member of such individual has a financial interest that could be affected by the advice given to the Secretary.
United States · United States Congress · 14 October 2011
Novel Device Regulatory Relief Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the process for requesting classification for a type of medical device that has not been previously classified by removing the requirement that a person can only file a request for classification of a new medical device after the Secretary of Health and Human Services (HHS) classifies the device as a class III device in response to the person filing a notice of intent to market the device.
United States · United States Congress · 13 October 2011
March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.
![Official portrait of Rep. Walden, Greg [R-OR-2]](https://www.congress.gov/img/member/w000791_200.jpg)