United States · United States Congress · 17 October 2011
Jobs Through Growth Act - Expresses the sense of Congress that S.J. Res. 10 (a balanced budget amendment) should be passed and submitted to the states for ratification within 90 days after the enactment of this Act. Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Sets forth procedures for expedited congressional consideration of proposed rescissions. Directs the Senate Committee on Finance and the House Committee on Ways and Means to report legislation that will lower, consolidate, and simplify: (1) the individual income tax system, with not more than three tax rates, the highest being 25%; and (2) the corporate income tax system, with a top tax rate of 25% and a consolidation of the system into two tax rates. Withholding Tax Relief Act of 2011 - Repeals the provision of the Tax Increase Prevention and Reconciliation Act of 2005 requiring federal, state, and local governmental entities to withhold 3% of payments due to vendors providing goods and services to such entities. Rescinds $39 billion in offsetting appropriated but unobligated discretionary funds. Requires the Director of the Office of Management and Budget (OMB) to identify the appropriation accounts to which such rescissions shall apply. Exempts unobligated funds of the Department of Defense (DOD) or the Department of Veterans Affairs (VA). Repeals the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010. Restores provisions of law amended by such Act or provisions. Medical Care Access Protection Act of 2011 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services, including provisions shortening the statute of limitations, setting limits on noneconomic and punitive damages, restricting contingency fees, prescribing qualifications for expert witnesses, and reducing damaged based on collateral source benefits. Repeals the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), and revives or restores the provisions of law amended by it as if Dodd-Frank had not been enacted. REINS Act - Rewrites provisions relating to congressional review of agency rulemaking to require congressional approval of major rules of the executive branch before they may take effect (currently, major rules take effect unless Congress passes and the President signs a joint resolution disapproving them). Defines "major rule" as any rule, including an interim final rule, that has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or U.S. competitiveness. Provides that if a joint resolution of approval of a major rule is not enacted by the end of 70 session days or legislative days after the agency proposing the rule submits its report on such rule to Congress, the rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for 90 calendar days without such approval if the President determines such rule is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement. Sets forth House and Senate procedures for joint resolutions approving major rules and disapproving non-major rules. Regulation Moratorium and Jobs Preservation Act - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Defines a "significant regulatory action" as an action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act. Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011 - Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (e.g., small businesses, small organizations, and small governmental jurisdictions). Defines "economic impact" with respect to a proposed or final rule to mean: (1) the economic effects on small entities directly regulated by the rule, and (2) the reasonably foreseeable economic effects of the rule on small entities resulting from their transactions with other businesses and entities directly regulated by the rule. Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to obtain an injunction of a proposed rule that is noncompliant with RFA requirements. Requires each agency to establish a plan for the periodic (every nine years) review of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities. Expands to all agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities. Extends RFA requirements to informal agency guidance documents. Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each agency to review on a periodic basis the civil penalties it imposes on small entities for violations of statutory or regulatory requirements. Imposes certain additional requirements on agencies prior to the issuance of a final rule, including requirements for: (1) publication of an initial regulatory flexibility analysis, (2) a determination of the average cost of a rule for affected small entities and the number of small entities affected or reasonably presumed to be affected, and (3) consultation with the Chief Counsel for Advocacy for the Small Business Administration (SBA) with respect to the accuracy of information relating to the cost and impact of a final rule. Authorizes appropriations to SBA for FY2012-FY2014 to carry out this Act. Repeals certain provisions of the Small Business Act and the Energy Security and Efficiency Act of 2007 to offset the costs of carrying out this Act and to reduce the federal deficit. Unfunded Mandates Accountability Act - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses. Government Litigation Savings Act - Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government to: (1) restrict awards of fees and other expenses under such Act to prevailing parties with a direct and personal monetary interest in an adjudication, including because of personal injury, property damage, or an unpaid agency disbursement; (2) require the reduction or denial of awards commensurate with pro bono hours and related fees and expenses to parties who have acted in an obdurate, dilatory, mendacious, or oppressive manner or in bad faith; (3) limit awards to not more than $200,000 in any single adversary adjudication or for more than three adversary adjudications in the same calendar year (unless the adjudicating officer or judge determines that a higher award is required to avoid severe and unjust harm to the prevailing party); and (4) expand the reporting requirements of the Chairman of the Administrative Conference of the United States with respect to fees and other expenses awarded to prevailing parties during the preceding fiscal year. Requires the Comptroller General to audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted. Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) analyze the impact on employment levels and economic activity prior to promulgating a regulation, policy statement, guidance document, or endangerment finding, implementing any new or substantially altered program, or issuing or denying any permit (action); (2) hold public hearings on such action; and (3) provide notice, prior to such action taking effect, to the congressional delegation, governor, and state legislature upon determining it will have more than a de minimis negative impact. Farm Dust Regulation Prevention Act of 2011 - Exempts nuisance dust (defined as particulate matter generated from natural sources and agricultural activities typically conducted in rural areas or consisting primarily of soil, windblown dust, or other natural materials) from the Clean Air Act (CAA) and excludes nuisance dust from references in such Act to particulate matter. Makes exceptions with respect to geographical areas where such dust is not regulated under state, tribal, or local law to the extent that the Administrator finds that: (1) nuisance dust causes substantial adverse public health and welfare effects at ambient concentrations; and (2) the benefits of applying CAA standards and other requirements to such dust outweigh the costs. Prohibits the Administrator, for one year after enactment of this Act, from proposing, finalizing, implementing, or enforcing any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under the CAA. National Labor Relations Board Reform Act - Amends the National Labor Relations Act to deny the National Labor Relations Board (NLRB) any power to: (1) order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment; (2) rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer engaged in production or other business operations; or (3) require any employer to make an initial or additional investment at a particular plant, facility, or location. Applies this denial of power to any complaint for which a final adjudication by the NLRB has not been made by enactment of this Act. Government Neutrality in Contracting Act - Directs the head of any federal agency that awards or obligates funds for any construction contract, or that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects, to ensure that bid specifications, project agreements, or other controlling documents do not: (1) require or forbid a bidder, offeror, contractor, or subcontractor to enter into or adhere to agreements with a labor organization with respect to that construction project or another related construction project; or (2) otherwise discriminate against such a party because it did or did not become a signatory or otherwise adhere to such an agreement. Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable federal contracts. Financial Regulatory Responsibility Act - Prohibits a federal financial regulatory agency from issuing notices of proposed or final rulemakings unless specified analyses have been included in them. Prohibits an agency from publishing a notice of final rulemaking if it determines that the quantified costs are greater than the quantified benefits. Requires an agency to make available on its public website sufficient information about the data, methodologies, and assumptions underlying its analyses so that its analytical results are capable of being substantially reproduced. Requires the chief economist of an agency, within five years after publication in the Federal Register of a notice of final rulemaking, to report to certain congressional committees on the economic impact of the subject regulation, including its direct and indirect costs and benefits. Requires each federal agency to develop, report to certain congressional committees, and post on its public website a plan to modify, streamline, expand, or repeal existing regulations so as to make the agency's regulatory program more effective or less burdensome in achieving its regulatory objectives. Authorizes judicial review for a person adversely affected or aggrieved by a regulation. Establishes the Chief Economists Council to report to certain congressional committees on activities of the financial regulatory agencies. Requires the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to report separately to certain congressional committees their plans for subjecting to the requirements of this Act the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, and registered national securities associations on the one hand, and registered futures associations on the other. Regulatory Responsibility for our Economy Act - Sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. Requires federal agencies to: (1) propose or adopt regulations only upon a reasoned determination that the benefits of such regulations justify their costs; (2) tailor regulations to impose the least burden on society and to maximize economic and other benefits; (3) involve the public and parties affected by regulations in the regulatory process; (4) develop regulatory actions that promote innovation, flexibility, and objectivity; (5) consider methods to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome; and (6) develop plans for reviewing on a periodic basis significant regulation actions (i.e., those having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy). Reducing Regulatory Burdens Act of 2011 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to prohibit the Administrator of the Environmental Protection Agency (EPA) or a state from requiring a permit under the CWA for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under FIFRA, or the residue of such a pesticide, resulting from the application of such pesticide. Makes exceptions with respect to: (1) a discharge resulting from the application of a pesticide in violation of FIFRA that is relevant to protecting water quality, if the discharge would not have occurred but for the violation or if the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation; and (2) stormwater discharges, municipal or industrial effluent discharges, treatment works effluent discharges, and discharges incidental to the normal operation of a vessel that are regulated under the National Pollutant Discharge Elimination System. Domestic Jobs, Domestic Energy, and Deficit Reduction Act - Considers that the Secretary of the Interior has approved the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 as a final oil and gas leasing program under the Outer Continental Shelf Lands Act. Directs the Secretary to: (1) conduct a lease sale in each outer Continental Shelf planning area (except the North Atlantic Planning Area) for which there is a commercial interest in purchasing federal oil and gas production leases, and (2) hold lease sales for specified areas in the Central Gulf of Mexico, Western Gulf of Mexico, and the state of Virginia. Amends the Outer Continental Shelf Lands Act (OCSLA) to require the Secretary to approve or disapprove a drill permit application within 20 days after submission. Grants United States Court of Appeals for the Fifth Circuit exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. Amends the Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005 to require (current law authorizes) the Secretary to conduct lease sales under commercial leasing program regulations in any state if the Secretary finds sufficient support and interest exists in such state for the development of tar sands and oil shale resources. Amends the National Environmental Policy Act of 1969 (NEPA) to require completion of the review of environmental impact statements within 270 days after commencement of such review or the action concerned shall be considered a final agency action with no significant environmental impact. Amends the Clean Air Act to: (1) declare that carbon dioxide, methane from agriculture or livestock, and water vapor are not air pollutants; and (2) require an economic analysis of any requirement of such Act that results in an adverse effect on employment. Requires the Secretary of Commerce to establish an economic review board to assess such an analysis. Amends the Endangered Species Act of 1973 (ESA) to require the Secretary of the Interior or the Secretary of Commerce, upon a state governor's declaration of an emergency, to exempt from the prohibition against taking and the prohibition against adverse modification of critical habitat any action reasonably necessary to avoid or ameliorate the impact of the emergency. Prohibits consideration of the impact of greenhouse gas on any species of fish or wildlife or plant for any purpose in the implementation of the ESA. Instructs the Administrator of the Environment Protection Agency (EPA) to approve the specification of the areas described in the notice entitled "Final Determination of the Assistant Administrator for Water Pursuant to Section 404(c) of the Clean Water Act Concerning the Spruce No. 1 Mine, Logan County, WV." Instructs the Secretary of the Interior to issue or reissue each lease for the production of oil or gas in Utah that was canceled during calendar years 2009 through 2011. Prohibits the Bureau of Reclamation of the Department of the Interior and any California state agency operating a water project in connection with the Central Valley Project from restricting operations of an applicable project pursuant to any biological opinion issued under ESA if it would result in a level of allocation of water less than the historical maximum allocation under the project. Instructs the EPA Administrator to issue without further review or analysis a permit to Shell Oil Company to drill for oil in the Beaufort Sea. Prohibits the award or federal payment of legal fees to an environmental nongovernmental organization in connection with any action: (1) preventing, terminating, or reducing access to production of energy, mineral resources, water by agricultural producers, a resource by commercial or recreational fishermen, or grazing or timber production on federal land; (2) diminishing a property owner's private property value; or (3) eliminating or preventing one or more jobs. Jobs and Energy Permitting Act - Amends the Clean Air Act to require any air quality impact of Outer Continental Shelf (OCS) sources to be measured or modeled and determined solely with respect to the impacts in the corresponding onshore area. Revises requirements for controlling air pollution from OCS sources located offshore of the states along the Pacific, Arctic and Atlantic Coasts, and along the U.S. Gulf Coast off Florida. Exempts any direct emission from any vessel servicing or associated with an OCS source from any emission control requirement applicable to such source. Declares that an OCS source, for platform or drill ship exploration, is established when drilling commences at a location and ceases to exist when drilling activity ends at such location or is temporarily interrupted because the platform or drill ship relocates. Requires: (1) final agency action on a permit application for platform or drill ship exploration for an OCS source under such Act to be taken no later than 180 days after the filing of such application;(2) such final agency action to be considered to be nationally applicable under judicial review; and (3) judicial review of such action to be without additional administrative review or adjudication. Denies the Environmental Appeals Board of the Environmental Protection Agency (EPA) any authority to consider any matter regarding the consideration, issuance, or denial of such permit. Prohibits extension of any administrative stay of the effectiveness of such permit beyond 180 days after the date of filing of such application. American Energy and Western Jobs Act - Rescinds and declares without force or effect: (1) Bureau of Land Management (BLM) Instruction Memoranda numbered 2010-117 (Oil and Gas Leasing Reform -- Land Use Planning and Lease Parcel Reviews) and 2010-118 (Energy Policy Act Section 390 Categorical Exclusion Policy Revision), both issued on May 17, 2010; and (2) Secretarial Order No. 3310 (Wild Lands Policy) issued by the Secretary of the Interior on December 22, 2010. Amends the Mineral Leasing Act to instruct the Secretary to automatically issue a lease 60 days after the date of the payment by the successful bidder of the remainder of the bonus bid and the annual rental for the first lease year, unless the Secretary can issue the lease before that date. Directs the Secretary, before modifying and implementing any onshore oil or natural gas preleasing or leasing and development policy, or a policy relating to protecting the wilderness characteristics of public land, to complete an economic impact assessment and determine that the proposed policy modification will not: (1) result in a detrimental impact on employment opportunities relating to oil- and natural gas-related development, (2) contribute to an increase in the domestic use of imported petroleum resources, or (3) contribute to an aggregate loss of oil and natural gas receipts. Directs the Secretary, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service, to submit and publicize an annual report detailing for each field office the revenues generated by specified uses of public land. Directs the Secretary to: (1) establish a domestic strategic production goal for the development of oil and natural gas managed by the federal government; and (2) hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with a specified solicitation of bids for leases. Applies the final rule entitled "Oil Shale Management-General" to all commercial leasing for the management of federally owned oil shale and associated minerals located on federal land. Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide to the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters and the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review; and (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disapproved it after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary. Energy Tax Prevention Act - Amends the Clean Air Act, subject to exemptions, to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration, the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change. Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change. Prohibits the Administrator from waiving, and invalidates waivers by the Administrator before the enactment of this Act of, the prohibition against states adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year. Amends the Energy Independence and Security Act of 2007 to repeal the prohibition against any federal agency contract for procurement of an alternative or synthetic fuel for any mobility-related use (other than for research or testing) unless the contract specifies that the lifecycle GHG emissions associated with the production and combustion of the fuel supplied under the contract must, on an ongoing basis, be less than or equal to greenhouse gas emissions from the equivalent conventional fuel produced from conventional petroleum sources. Public Lands Job Creation Act - Declares that if, by 45 days after a state Bureau of Land Management (BLM) office has submitted a Federal Register notice to the Washington, DC, office of the BLM for review by the Department of the Interior, the review has not been completed: (1) the notice shall consider to be approved, and (2) the state BLM office shall immediately forward the notice to the Federal Register for publication. Creating American Jobs through Exports Act of 2011 - Amends the Bipartisan Trade Promotion Authority Act of 2002 to authorize the President to enter into trade agreements with foreign countries regarding tariff and nontariff trade barriers: (1) on and after enactment of this Act and before June 1, 2013; or (2) on and after June 1, 2013, and before December 31, 2013, if certain congressional trade authorities procedures for implementing trade bills are extended for such period. Applies certain congressional and presidential (fast track) trade authorities requirements with respect to agreements on tariff and nontariff barriers to a trade agreement establishing a Trans-Pacific Partnership that resulted from negotiations commenced before enactment of this Act. Revises the standard for the application of certain congressional trade authorities procedures to implementing bills for trade agreements regarding tariff and nontariff trade barriers. Treats as an implementing bill subject to such procedures any bill containing provisions necessary to the implementation and enforcement of a trade agreement.
United States · United States Congress · 17 October 2011
Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once: (1) notify the Secretary that a payment is reasonably expected, and (2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement. Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount. Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement. Specifies circumstances: (1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and (2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement. Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable play, may appeal such determination. Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually. Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation. Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors). Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers. Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action.
United States · United States Congress · 13 October 2011
Veterans Second Amendment Protection Act - Prohibits, in any case arising out of the administration of laws and benefits by the Secretary of Veterans Affairs (VA), considering any person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness from being considered adjudicated as a mental defective for purposes of the right to receive or transport firearms without the order or finding of a judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.
United States · United States Congress · 12 October 2011
Defense Cost-Type Contracting Reform Act of 2011 - Directs the Secretary of Defense to modify Department of Defense (DOD) acquisition regulations to prohibit the DOD from entering into cost-type contracts for the production of certain major defense acquisition programs (MDAPs). Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 to expand the conditions required to be met before the Milestone Decision Authority may authorize a cost-type contract for development of certain MDAPs. Requires such conditions to include additional written determinations that: (1) all reasonable efforts have been made to define the requirements sufficiently to allow for the use of a fixed-price contract for such development; and (2) the DOD, despite these efforts, cannot define requirements sufficiently to allow for the use of such a fixed-price contract. Requires the Secretary, at least 30 days before issuing a solicitation for the development of an MDAP, to submit to Congress a notice of the proposed award including the written determinations required under such Act and the reasons supporting the determinations.
United States · United States Congress · 12 October 2011
Textile Enforcement and Security Act of 2011 - Expresses the sense of Congress that the U.S. Customs and Border Protection (CBP) and the Textile and Apparel Policy and Programs (TAPP) division of the Office of International Trade within CBP should ensure that seizures, detentions, special operations, and Textile Product Verification Teams (TPVTs) remain the primary focus of their efforts to enforce U.S. customs laws with respect to imports of textile or apparel articles, particularly as they relate to enforcement of the North American Free Trade Agreement (NAFTA), the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), and other free trade agreements and trade preference programs to prevent transshipments and origin fraud. Requires the seizure and forfeiture of an imported textile or apparel article for which a trade preference has been claimed in cases where the importer: (1) has either misdescribed, not verified the article's country of origin, or used accompanying false documentation; or (2) provides false information as to his or her address or does not meet certain documentation or informational requirements upon entry of an article. Requires the Secretary of Homeland Security (Secretary), the CBP Commissioner, or the Secretary of the Treasury to use amounts from fines, penalties, and forfeitures of articles due to violations of the U.S. customs laws to pay for expenses directly related to the investigation and enforcement of such violations, including expenses related to training and education of certain specialists who participate in the enforcement of such laws. Authorizes the use of such amounts also to pay for a reward of the lesser of at least 20% of that amount or $20,000 to any person who furnishes information that leads to an arrest, conviction, civil penalty assessment, or forfeiture of articles due to violations enforced by the Secretary, the Commissioner, or the Secretary of the Treasury. Directs the Commissioner to ensure specified staffing of the Textile Operations Branch of TAPP, of TAPP, and of the Quota Branch of TAPP. Requires the Commissioner to certify, with respect to the 15 largest U.S. ports of entry for textile or apparel articles, that a certain number of Import Specialists are trained in preventing textile or apparel importer fraud, trade preference verification, and undervaluation. Requires the Commissioner also to increase the number of dedicated textile and import specialists at such ports by 25%. Amends the Tariff Act of 1930 to require the Secretary of the Treasury (who is now merely authorized) to publish in the Federal Register: (1) the names of persons located outside of the U.S. customs territories against whom the CBP has issued a penalty claim for violating U.S. customs laws, including for violations of quotas, duties, or trade preferences; and (2) a list of high-risk countries involved in the transshipment of textile or apparel products. Requires the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, to establish an electronic verification system for tracking textile or apparel articles imported or exported under the CAFTA-DR, NAFTA, or any other free trade agreement to which the United States is a party to ensure compliance with such agreements. Directs the Commissioner to establish a new textile and apparel importer program that requires the CBP to adjust bond amounts for new importers of textile and apparel goods based on the level of assessed risk. Requires the Commissioner to establish a nonresident importer declaration program for the import of textile or apparel articles. Directs the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, to establish an electronic Textile and Apparel Manufacturing Supplier Registry pilot program.
United States · United States Congress · 6 October 2011
Buffett Rule Act of 2011 - Amends the Internal Revenue Code to allow taxpayers to donate an amount (not less than $1), in addition to any tax owed, which shall be deposited in the general fund of the Treasury and transferred to an account used to reduce the public debt. Requires such donation to be designated on a taxpayer's income tax return at the time such return is filed.
United States · United States Congress · 6 October 2011
Foreign Earnings Reinvestment Act - Amends the Internal Revenue Code to: (1) extend the election allowed to a domestic corporation to deduct current and accumulated dividends received from a controlled foreign corporation to the corporation's last taxable year beginning before the enactment of this Act or the first taxable year which begins during the one-year period beginning on such enactment date, (2) reduce tax rates on foreign earnings of domestic corporations that reinvest such earnings in the United States and that expand their payrolls over 2010 levels, and (3) increase the taxable income of domestic corporations that fail to maintain employment levels in the 23-month period after receiving a reduction in tax rates under this Act.
United States · United States Congress · 23 September 2011
Agent Orange Equity Act of 2011 - Includes as part of the Republic of Vietnam its territorial seas for purposes of the presumption of service connection for diseases associated with exposure by veterans to certain herbicide agents while in Vietnam.
United States · United States Congress · 22 September 2011
Currency Exchange Rate Oversight Reform Act of 2011 - Directs the Secretary of the Treasury to: (1) make public and report biannually to Congress on international monetary policy and currency exchange rates; and (2) appear, if requested, before certain congressional committees to testify regarding such reports. Prescribes report contents, including: (1) an analysis of currency market developments and the relationship between the U.S. dollar and the currencies of major economies and trading partners of the United States, (2) a review of the economic and monetary policies of major economies and trading partners of the United States and an evaluation of how such policies impact currency exchange rates, and (3) a list of currencies designated as fundamentally misaligned currencies. Instructs the Secretary to: (1) analyze semiannually the prevailing real effective exchange rates of foreign currencies; (2) determine whether any such currency is in fundamental misalignment; and (3) designate it for priority action if the issuing country engages in specified behavior, including excessive and prolonged official or quasi-official accumulation of foreign assets for balance of payments purposes. Prescribes procedures for: (1) negotiations and consultations; and (2) actions in response to failure, including persistent failure, to adopt appropriate policies, or take identifiable action to eliminate the fundamental misalignment. Requires the Secretary, before the United States approves a proposed change in the governance arrangement of any international financial institution, to determine whether any member of the international financial institution that would benefit from the proposed change, in the form of increased voting shares or representation, has a currency designated for priority action. Requires U.S. opposition to the proposed change if the Secretary renders an affirmative determination. Amends the Tariff Act of 1930, for purposes of an antidumping investigation or review, to require an adjustment in the price used to establish export (and constructed export) prices, in the case of a fundamentally misaligned currency designated for priority action, by reducing such price by the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the U.S. dollar. Requires the administering authority, upon the filing of a petition by an interested party, to initiate a countervailing duty investigation or review to determine whether currency undervaluation by the government of, or any public entity within, a foreign country is providing, directly or indirectly, a countervailable subsidy to its exporters or products. Requires the same kind of countervailing duty investigation upon the designation of a foreign currency as a fundamentally misaligned currency for priority action. 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. Adds as a factor the administering authority must take into account in determining whether a foreign country is a nonmarket economy country the question of whether its currency is designated, or has been designated at any time over the five years before review of any nonmarket economy status, for priority action under this Act. Establishes the Advisory Committee on International Exchange Rate Policy. Repeals the Exchange Rates and International Economic Policy Coordination Act of 1988.
United States · United States Congress · 22 September 2011
Real Estate Investment and Jobs Act of 2011 - Amends the Internal Revenue Code to increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests.
United States · United States Congress · 22 September 2011
Designates October 30, 2011, as a national day of remembrance for U.S. nuclear weapons program workers, including uranium miners, millers, and haulers. Encourages the people of the United States to support and participate in appropriate ceremonies, programs, and other activities to commemorate such date as a national day of remembrance for past and present workers in the U.S. nuclear weapons program.
United States · United States Congress · 21 September 2011
Medicaid Flexibility for States Act - Authorizes a state to limit the application within the state of specified provisions of the Patient Protection and Affordable Care Act (PPACA) that expand the program under title XIX (Medicaid) of the Social Security Act by enacting a law that: (1) expresses the intent of the state to opt out of one or more of the provisions of PPACA, and (2) contains a list of the provisions that will not apply to the state.
United States · United States Congress · 19 September 2011
Expresses profound sorrow at the death of the Honorable Charles H. Percy, former Senator of Illinois. Conveys the Senate's condolences to his family. Declares that when the Senate adjourns on September 19, 2011, it stand adjourned as a further mark of respect to the memory of Senator Percy.
United States · United States Congress · 15 September 2011
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable Malcolm Wallop, a former Senator from Wyoming. Declares that when the Senate adjourns on September 15, 2011, it stand adjourned as a further mark of respect to the memory of Senator Wallop.
United States · United States Congress · 8 September 2011
Authorizes the award of a single Congressional Gold Medal to collectively honor the Montford Point Marines, U.S. Marine Corps, in recognition of their service during World War II. (Camp Montford Point, North Carolina, was the site for the training of the first African-American Marines.) Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the Montford Point Marines. Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals.
United States · United States Congress · 8 September 2011
Protecting Jobs From Government Interference Act - Amends the National Labor Relations Act to deny the National Labor Relations Board (NLRB) any power to: (1) order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment; (2) rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer who shall be engaged in production or other business operations; or (3) require any employer to make an initial or additional investment at a particular plant, facility, or location. Applies the amendment made by this Act to any complaint for which a final adjudication by the NLRB has not been made by the date of enactment.
United States · United States Congress · 6 September 2011
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable Mark Hatfield, a former member of the Senate from Oregon. Declares that when the Senate adjourns on September 6, 2011, it stand adjourned as a further mark of respect to the memory of Senator Hatfield.
United States · United States Congress · 2 August 2011
Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires a neutral, private organization, chosen by agreement between an employer and a labor organization that is the exclusive representative of employees in an appropriate bargaining unit, to conduct a secret ballot election by the employees, every three years after the labor organization's initial certification, to determine whether a majority desire to continue to be represented by that labor organization. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
United States · United States Congress · 2 August 2011
Respect for Rights of Conscience Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to permit a health plan to decline coverage of specific items and services that are contrary to the religious beliefs of the sponsor, issuer, or other entity offering the plan or the purchaser or beneficiary (in the case of individual coverage) without penalty. Declares that such plans are still considered to: (1) be providing the essential health benefits package or preventive health services, (2) be a qualified health plan, and (3) have fulfilled other requirements under PPACA. Declares that nothing in PPACA shall be construed to authorize a health plan to require a provider to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Prohibits a health plan from being considered to have failed to provide timely or other access to items or services or to fulfill any other requirement under PPACA because it has respected the rights of conscience of such a provider. Prohibits an American Health Benefit Exchange (a state health insurance exchange) or other official or entity acting in a governmental capacity in the course of implementing PPACA from discriminating against a health plan, plan sponsor, health care provider, or other person because of an unwillingness to provide coverage of, participate in, or refer for, specific items or services. Creates a private cause of action for the protection of individual rights created under this Act. Authorizes any person or entity to assert a violation of this Act as a claim or defense in a judicial proceeding. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints of discrimination based on this Act. Makes this Act effective as if it were included in PPACA.
United States · United States Congress · 1 August 2011
Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to exempt traditional large and premium cigars from regulation by the Food and Drug Administration (FDA) and from user fees assessed on tobacco products by the FDA.
United States · United States Congress · 27 July 2011
Fair Representation in Elections Act of 2011 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to provide for a hearing upon 14 days advance notice in cases where it is investigating an election petition that gives it reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days following the NLRB's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election from taking place after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as the bargaining representative of the employees in an appropriate unit unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the resolution, following a hearing, of each issue pertaining to the conduct or results of the election.
United States · United States Congress · 27 July 2011
Condemns: (1) the terrorist attacks that occurred in Norway on July 22, 2011, causing many deaths and injuries; and (2) all terrorist actions, including those motivated by hatred and religious or cultural intolerance. Expresses sympathy to the victims of the atrocious acts, their families, and the people and government of Norway. Emphasizes the bonds of friendship and shared heritage between the United States and Norway. Calls on all people to join together to denounce acts of hatred and fear and promote peace and tolerance in their communities and around the world.
United States · United States Congress · 26 July 2011
Ensuring the Full Faith and Credit of the United States and Protecting America's Soldiers and Seniors Act - Requires the following to take equal priority over all other federally incurred obligations in the event that the public debt reaches the statutory limit: (1) the authority of the Department of the Treasury to pay with legal tender the principal and interest on debt held by the public; (2) the authority of the Commissioner of Social Security to pay monthly Old Age, Survivors and Disability Insurance benefits under title II of the Social Security Act; and (3) the payment of pay and allowances for members of the Armed Forces on active duty.
United States · United States Congress · 22 July 2011
Recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and as a day to come together as a nation. Offers deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks. Honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, state and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives. Recognizes the valiant service, actions, and sacrifices of U.S. personnel, including members of the Armed Forces and their families, to support the cause of freedom and defend the security of the United States. Reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States. Calls upon all people and institutions of the United States, on the 10th anniversary of this tragic day in U.S. history, to observe a moment of remembrance on September 11, 2011. Encourages the observance of the moment of remembrance or prayer to last for one minute beginning at 1:00 P.M. Eastern Daylight Time (EDT).
United States · United States Congress · 20 July 2011
EPA Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste. Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category; and (2) impose the least burdensome regulatory alternative for each regulation promulgated. Requires the Administrator to publish a list of nonhazardous secondary materials that are not solid waste when combusted in units designed for energy recovery. Specifies material to be included in such list.
United States · United States Congress · 14 July 2011
Silviculture Regulatory Consistency Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from requiring a permit under national pollutant discharge elimination system permitting requirements for a discharge resulting from the conduct of any silvicultural activity, such as nursery operations, site preparation, reforestation, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road use, construction, and maintenance, from which there is runoff. Specifies that nothing in this Act exempts silvicultural activity from permit requirements for the discharge of dredged or fill material into navigable waters.
United States · United States Congress · 7 July 2011
Cut, Cap, and Balance Act of 2011 - Reduces the estimated committee allocation of the appropriate levels of budget totals for FY2012 for the Senate Committee on Appropriations to: (1) $1.137 trillion in total new budget authority, and (2) $1.277 trillion in total budget outlays. Expresses the sense of Congress that it should enact comprehensive tax reform that lowers marginal rates, broadens the base, and simplifies the tax code to increase economic growth while generating revenues that are in line with the historical average of 18% of Gross Domestic Product (GDP). Amends the Congressional Budget Act of 1974 (CBA) to establish the discretionary spending limits for FY2012-FY2021 for defense and nondefense categories. Authorizes the Chairman of the Senate Committee on the Budget to adjust such discretionary spending limits, budgetary aggregates in the most recently adopted concurrent budget resolution, and CBA committee allocations if a bill or joint resolution is reported making appropriations for FY2012-FY2017 that provides funding for overseas deployments and activities undertaken as a result of a declaration of war or congressional authorization of force. Limits such adjustments. Makes it out of order in both chambers to consider any legislation that includes any provision that would cause total on-budget mandatory spending to exceed specified discretionary spending limits. Exempts from such limits the mandatory components of: (1) Social Security, function 650; (2) Medicare, function 570; (3) Veterans Benefits and Services, function 700; and (4) Net Interest, function 900. Makes it out of order in both chambers to consider legislation that includes any provision that would cause total mandatory spending for Social Security to exceed specified limits for total outlays for FY2012-FY2021. Makes such requirement inapplicable if the Congressional Budget Office (CBO) determines that projected outlays are expected to exceed such limits due to changes in cost-of-living adjustments (COLAs) contained in present law. Makes it out of order in both chambers to consider legislation that includes any provision that would cause total mandatory spending for Medicare or for Veterans Benefits and Service to exceed specified limits for total outlays for FY2012-FY2021. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB) to make publicly available in the Federal Register an annual report containing expected budget authority and outlays. Requires OMB, if such report shows any category exceeding specified spending caps, to prepare, and the President to issue and include in that report, a sequestration order that reduces budgetary resources by an amount sufficient to bring spending in line with that category's statutory cap. Prescribes requirements for calculating and implementing such sequestration. Authorizes Congress to override a sequestration order through the passage of a law that either waves or supersedes the spending limitations for that category of federal spending for that fiscal year. Subjects any motion in the Senate to move to consideration of a bill to waive, modify, or in any way alter a sequestration order (except for defense spending while the nation is engaged in a justified conflict) to a point of order that can only be waived through an affirmative vote of two-thirds of the Members. Prohibits the Secretary of the Treasury from exercising additional borrowing authority until the date that the Archivist of the United States transmits to the states for their ratification S.J. Res. 10 as introduced on March 31, 2011, a balanced budget amendment to the Constitution, or a similar amendment provided it requires that total outlays not exceed total receipts, that contains a spending limitation as a percentage of GDP, and requires that tax increases be approved by a super-majority vote in both chambers. Increases the public debt from $14.294 trillion to $16.7 trillion on the date such legislation is transmitted to the states.
United States · United States Congress · 7 July 2011
Recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and as a day to come together as a nation. Offers deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks. Honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, state and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives. Recognizes the valiant service, actions, and sacrifices of U.S. personnel, including members of the Armed Forces and their families, to support the cause of freedom and defend the security of the United States. Reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States. Calls upon all people and institutions of the United States, on the 10th anniversary of this tragic day in U.S. history, to observe a moment of remembrance on September 11, 2011. Encourages the observance of the moment of remembrance to last for one minute beginning at 1:00 P.M. Eastern Daylight Time (EDT).
United States · United States Congress · 7 July 2011
Expresses the sense of the Senate that the President does not have the authority to ignore the statutory debt limit by ordering the Secretary of the Treasury to continue issuing debt on the full faith and credit of the United States.
United States · United States Congress · 6 July 2011
Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence. Requires the Administrator to: (1) advise the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data. Allows an individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows an adversely affected individual who elects not to file an appeal in a federal district court to file such appeal with the NTSB. Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system. Makes Flight Service Station briefings and other air traffic services performed by Lockheed Martin or any other government contractor available to airmen under the Freedom of Information Act (FOIA). Requires the Administrator to review the FAA system for the medical certification of airmen in order to: (1) revise the medical application form, (2) align medical qualification policies with present-day qualified medical judgment and practices, and (3) publish objective medical standards to advise the public of the criteria determining an airman's medical certificate eligibility.
United States · United States Congress · 30 June 2011
Retirement Freedom Act - Allows any individual who is otherwise entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to elect to opt out of such entitlement. Allows an individual who has opted out of Medicare to opt back in without penalty. Prohibits any requirement to opt out of SSA title II (Old Age, Survivors, and Disability Insurance) (OASDI) as a condition for opting out of Medicare.
United States · United States Congress · 29 June 2011
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess of outlays over receipts. Prohibits total outlays for any fiscal year from exceeding 18% of the gross domestic product (GDP) for the preceding calendar year unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess over such 18%. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill from becoming law that imposes a new tax or increases the statutory rate of any tax or the aggregate amount of revenue, unless approved by a two-thirds roll call vote of each chamber. Requires a three-fifths roll call vote of each chamber to increase the federal debt limit. Authorizes waivers of these requirements: (1) when a declaration of war is in effect against a nation-state and Congress, by a majority roll call vote of each chamber, authorizes a specific excess; or (2) under other specified circumstances involving military conflict, if Congress, by a three-fifths roll call vote of each chamber, authorizes such waiver. Prohibits a federal or state court from ordering any increase in revenue to enforce this article.
United States · United States Congress · 23 June 2011
Land and Water Conservation Authorization and Funding Act of 2011 - Amends the Land and Water Conservation Fund Act of 1965 to make permanent the authorization for the Land and Water Conservation Fund. Makes monies covered into the Fund available for expenditure to carry out the purposes of the Act without further appropriation. Requires not less than 1.5% of the annual authorized funding amount to be made available for projects that secure recreational public access to existing federal public land for hunting, fishing, and other recreational purposes.
United States · United States Congress · 22 June 2011
Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure. Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution. Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; or (2) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber.
United States · United States Congress · 21 June 2011
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions.
United States · United States Congress · 21 June 2011
Expresses the sense of Congress that: (1) the U.S. Armed Forces and coalition partners who are engaged in military operations to protect the people of Libya have demonstrated extraordinary bravery and should be commended; (2) the U.S. government should continue to support the aspirations of the people of Libya for political reform and self-government based on democratic and human rights; (3) the goal of U.S. policy in Libya, as stated by the President, is to achieve the departure from power of Muammar Qaddafi and his family, including through the use of diplomatic and economic pressure, so that a peaceful transition can begin to an inclusive government that ensures freedom and opportunity; and (4) the Qaddafi regime's funds that have been frozen by the United States should be returned to the people of Libya for their benefit, and the President should explore the possibility with the Transitional National Council of using some of such funds to reimburse North Atlantic Treaty Organization (NATO) countries for expenses incurred in Operation Odyssey Dawn and Operation Unified Protector. Authorizes the President to continue the limited use of the U.S. Armed Forces in Libya in support of U.S. security policy interests as part of the NATO mission to enforce U.N. Security Council Resolution 1973, as requested by the Transitional National Council, the Gulf Cooperation Council (GCC), and the Arab League. Terminates such authorization one year after the date of enactment of this joint resolution. States that Congress does not support deploying, establishing, or maintaining the presence of units and members of the U.S. Armed Forces on the ground in Libya unless the purpose of the presence is limited to the immediate personal defense of U.S. government officials (including diplomatic representatives) or to rescuing members of NATO forces from imminent danger. Directs the President to consult frequently with Congress regarding U.S. efforts in Libya, including by providing regular briefings and reports. Includes as elements in such briefings and reports: (1) an updated description of U.S. national security interests and policy objectives in Libya; (2) an updated list of U.S. Armed Forces activities in Libya; (3) an updated assessment of the opposition groups in Libya, including potential successor governments; and (4) an updated explanation of the President's legal and constitutional rationale for conducting military operations in Libya consistent with the War Powers Resolution.
United States · United States Congress · 21 June 2011
Recognizes that continued investigation of Central Intelligence Agency (CIA) employees for involvement in a detention and interrogation program to avert terrorist attacks on the United States is unwarranted and will likely have a chilling effect on the work of CIA and other U.S. national security professionals. Urges: (1) the President and the Attorney General to immediately close the Department of Justice's (DOJ) ongoing investigation and decline future prosecution of CIA employees for actions related to the interrogation of detainees at overseas locations, including the use of enhanced interrogation techniques on detained terrorists; and (2) the President to develop and implement policies allowing for the long-term detention and interrogation of high-value detainees, including detainees captured overseas or in the custody of foreign countries.
United States · United States Congress · 16 June 2011
Combating Military Counterfeits Act of 2011 - Amends the federal criminal code to impose criminal penalties on persons who traffic in counterfeit goods or services if: (1) the offense involved a military good or service that malfunctioned, failed, or was compromised and could reasonably be expected to cause serious bodily injury or death, disclosure of classified information, impairment of combat operations, or other significant harm to a member of the Armed Forces or to national security; and (2) the person had knowledge that the good or service is falsely identified as meeting military standards or is intended for use in a military or national security application. Directs the United States Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements to reflect the intent of Congress to increase penalties for trafficking in counterfeit goods or services, including military good or services; and (2) promulgate the guidelines, policy statements, or amendments within 180 days after this Act's enactment and amend such guidelines pursuant to this emergency authority as necessary to achieve consistency with other guideline provisions and applicable law.
United States · United States Congress · 9 June 2011
American Horse Slaughter Prevention Act of 2011 - Amends the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. Authorizes the Secretary of Agriculture to detain for examination, testing, or the taking of evidence: (1) any horse at any horse show, horse exhibition, or horse sale or auction that is sore or which the Secretary has probable cause to believe is sore; and (2) any horse or other equine that the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of such prohibition. Increases the cap on the amount of appropriations that may be used to carry out such Act.
United States · United States Congress · 26 May 2011
Justice for Troops Act - Authorizes the Secretary of Defense (DOD) to provide support to public or private programs designed to connect attorneys who provide pro bono legal assistance with members of the Armed Forces who are in need of such assistance. Limits the total amount of financial support in any fiscal year to $500,000. Directs such financial support to be derived from amounts authorized to be appropriated for DOD operation and maintenance.
United States · United States Congress · 23 May 2011
Iran, North Korea, and Syria Sanctions Consolidation Act of 2011- States that it is U.S. policy to prevent the Islamic Republic of Iran from acquiring a nuclear weapons capability. Amends the Iran Sanctions Act of 1996 to direct the President to impose three or more specified sanctions against a person that knowingly participates in a joint venture with respect to the development of petroleum resources outside of Iran: (1) in which Iran is a substantial partner or investor, or (2) through which Iran could receive technological knowledge or equipment that could contribute to its ability to develop petroleum resources in Iran. Includes certain infrastructure construction whose primary use is to support the transportation of refined petroleum products in the definition of "goods, services, technology, information, or support." Requires the President to respond within 60 days to a congressional request regarding a person's engagement in a sanctionable activity. 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. Specifies the contents of mandatory disclosures. 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 within 180 days of initiating an investigation whether sanctions should be imposed on the issuer or the affiliate concerned. Requires promulgation regulations within 90 days after enactment of this Act governing financial institutions maintaining accounts for foreign financial institutions. Urges the President to initiate diplomatic efforts to expand multilateral sanctions against Iran. Directs the President to report to Congress on: (1) the Central Bank of Iran's involvement in Iran's development of weapons of mass destruction and support of terrorism, and (2) entities and countries providing refined petroleum products to Iran. Directs the Government Accountability Office (GAO) to report to Congress listing all foreign investors in Iran's energy sector. Directs the President to: (1) identify each foreign person or foreign entity for which there is a reasonable basis for determining that the person or entity is an agent, front, instrumentality, official, or affiliate of Iran's Islamic Revolutionary Guard Corps (IRGC) or is an IRGC representative; and (2) apply specified property sanctions to such person or entity. Gives priority to investigations of specified sensitive transactions. Sets forth mandatory and discretionary measures to be taken against a foreign person or entity that provides material support to the IRGC. Directs the President to impose specified sanctions against a person that provides shipping or refining services with respect to the exportation of petroleum, oil, or liquified natural gas to be refined or otherwise processed outside of Iran if: (1) the IRGC or any of its affiliates were involved in the development, extraction, production, transportation, or sale of such petroleum, oil, or liquefied natural gas in Iran, and the fair market value of such petroleum, oil, or liquefied natural gas is $1 million or more; or (2) during a 12-month period, the aggregate fair market value of such petroleum, oil, or liquefied natural gas is $5 million or more. Exempts certain underwriters and insurance providers from such provisions. Requires the President: (1) upon receipt of credible information that a person may have transferred to Iran goods or technologies, or provided post-transfer services, that may be used to commit human rights abuses to investigate and determine within 180 days whether the person engaged in such activity; (2) submit a list of such persons to Congress every 180 days or as new information becomes available; and (3) freeze the assets of a listed person. Amends the Iran Freedom Support Act to: (1) extend the President's authority to provide financial and political assistance to support democracy in Iran through December 31, 2016; and (2) expand the forms of such assistance. Requires the President to appoint a Special Representative on Human Rights and Democracy in the Islamic republic of Iran within the Department of State. Requires the President to submit to Congress a comprehensive strategy to promote Internet freedom and access to information in Iran. Amends the the Iran, North Korea, and Syria Nonproliferation Act to include in the scope of such Act a person that: (1) acquired materials mined or extracted within North Korea's territory or control; or (2) provided shipping services for the transportation of goods to or from Iran, North Korea, or Syria relating to such countries' weapons of mass destruction programs, support for acts of international terrorism, or human rights abuses. Excludes from such provisions shipping services for emergency or humanitarian purposes. Prohibits a vessel from knowingly landing at a U.S. port to load or unload cargo or engage in trade if the vessel entered a port in Iran, North Korea, or Syria during the 180-day period preceding the vessel's U.S. port arrival. Provides for enhanced vessel inspections. Directs: (1) the President to publish a list of each individual who is a senior government official of Iran (including the IRGC), North Korea, or Syria, or a close associate of such individual; and (2) the Secretary of State or the Secretary of Homeland Security (DHS) to not grant an identified individual immigration status in, or admit the individual to, the United States. Requires a domestic or a foreign financial institution operating in the United States to report to the Secretary of the Treasury regarding any transactions with financial institutions, whose property or interests are blocked due to involvement with Iran, North Korea, or Syria, in activities supportive of international terrorism or weapons of mass destruction proliferation. Prohibits such an institution from continuing to operate in the United States if it: (1) continues to engage in transactions with such sanctioned institutions, or (2) fails to report or submits a false report. Directs the President to apply specified property, financial, or export sanctions against a person providing to, or acquiring from, Iran, North Korea, or Syria any good or technology that is used, or is likely to be used, for military applications.
United States · United States Congress · 23 May 2011
Oil Sands Energy Security Act of 2011 - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use (except research or testing) specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources.
United States · United States Congress · 23 May 2011
Amends the National Flood Insurance Act of 1968 to make any property otherwise in compliance with the national flood insurance program eligible for flood insurance even it has a swimming pool located at ground level or in the space below the lowest floor of a building which is enclosed with non-supporting breakaway walls after November 30 and before June 1 (outside hurricane season).
United States · United States Congress · 23 May 2011
Supports the aspirations of the Libyan people for political reform based on democratic and human rights. Commends the service of the men and women of the U.S. Armed Forces and our coalition partners who are engaged in military operations to protect the Libyan people. Supports the limited use of military force by the United States in Libya as part of the North Atlantic Treaty Organization (NATO) mission to enforce U.N. Security Council Resolution 1973, as requested by the Transitional National Council, the Arab League, and the Gulf Cooperation Council. Agrees that the goal of U.S. policy in Libya is to achieve the departure from power of Muammar Qaddafi and his family so that a peaceful transition can begin to a government that ensures freedom, opportunity, and justice for the people of Libya. Affirms that the funds of the Qaddafi regime that have been frozen by the United States should be returned to the Libyan people, and calls for exploring with the Transitional National Council the possibility of using some of such funds to reimburse NATO countries for expenses incurred in Operation Odyssey Dawn and Operation Unified Protector. Calls on the President to: (1) submit to Congress a description of U.S. policy objectives in Libya, and (2) consult regularly with Congress regarding U.S. efforts in Libya.
United States · United States Congress · 19 May 2011
Sergei Magnitsky Rule of Law Accountability Act of 2011 - Directs the Secretary of State to publish and update a list of each person the Secretary has reason to believe: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky, participated in related liability concealment efforts, or committed those frauds discovered by Sergei Magnitsky, including conspiring to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the Hermitage foreign investment company and to misappropriate entities owned or controlled by Hermitage; or (2) is responsible for extrajudicial killings, torture, or other human rights violations committed against individuals seeking to promote human rights or to expose illegal activity carried out by officials of the government of the Russian Federation. Makes an alien on such list ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the U.S. national interest. Requires congressional notification of any such waiver. Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy, and (2) freeze and prohibit U.S. property transactions of an individual who is on the list or who acts as an agent for a listed individual. Authorizes the Secretary to waive such actions if in the U.S. national interest. Requires congressional notification of any such waiver. Subjects a person who violates, attempts to violate, or causes a violation of such money laundering or asset provisions to specified penalties. Directs the Secretary of the Treasury to prescribe regulations requiring each financial institution that is a U.S. person to: (1) audit the assets within its possession or control to determine whether any such assets are required to be frozen pursuant to this Act, and (2) submit a report to the the Secretary containing the audit's results and a certification that such assets have been frozen. Subjects a financial institution that violates such regulations to specified penalties.
United States · United States Congress · 19 May 2011
National Guard Empowerment and State-National Defense Integration Act of 2011 - Reestablishes the position of Vice Chief of the National Guard Bureau (Vice Chief). Terminates the position of Director of the Joint Staff of the National Guard Bureau (Director) and transfers existing duties of the Director to the Vice Chief. Adds the Chief of the National Guard Bureau (Chief) to the Joint Chiefs of Staff. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to continue the Task Force for Emergency Readiness (TFER) pilot program as a permanent FEMA program. Requires the Administrator to carry out the program in at least five states in addition to the five states in which the program is carried out as of the enactment of this Act. Requires the Chief to: (1) identify, using catastrophic disaster response plans for each state developed under the program, any gaps in state civilian and military response capabilities that federal military capabilities are unprepared to fill; (2) notify the Secretary of Defense and the respective Commanders of the U.S. Northern and Pacific Commands of any such gaps; and (3) assist, acting through the Adjutants General of the States, states in developing state plans on responses to catastrophic disaster emergencies. Directs the Secretary of Defense and the Secretary of Homeland Security to enter into a memorandum of understanding on coordination between Department of Defense (DOD) and Department of Homeland Security (DHS), and between such departments and the states, in the use of military forces in response to domestic emergencies. Authorizes appropriations for the DOD for FY2012 for National Guard: (1) continuity of operations, continuity of government, and consequence management in connection with response to terrorist and other attacks and catastrophes; (2) emergency preparedness and response activities; and (3) staffing of joint operations coordination centers in response to terrorist and other attacks and catastrophes. States that the U.S. Northern and Pacific Commands shall be the combatant commands principally responsible for the military support of civil authorities in the United States. Requires the Commander of each Command and the Chief to enter into a memorandum of understanding setting forth the operational relationships, and individual roles and responsibilities, during responses to domestic emergencies among such Commands and the National Guard Bureau. Requires the officers serving as Commander of Army North Command and Commander of Air Force North Command to be officers in the Army National Guard and the Air National Guard, respectively. Directs the Secretary of Defense to modify specified regulations prescribed pursuant to the National Defense Authorization Act for Fiscal Year 2010 to provide for the use of available appropriated State Partnership Program funds for contacts between members of the National Guard and civilian personnel of foreign governments outside the ministry of defense on matters within the core competencies of the National Guard.
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