United States · United States Congress · 8 September 2011
Closing Regulatory Loopholes Act of 2011 - Requires federal agency guidance documents and major guidance documents to be submitted for congressional review prior to implementation. Defines: (1) "guidance document" as an agency statement of general applicability and future effect that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (2) "major guidance document" as a guidance document that has resulted in or is likely to result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or a significant adverse effect on competition, employment, investment, productivity, or innovation.
United States · United States Congress · 8 September 2011
Farm Dust Regulation Prevention Act of 2011 - Amends the Clean Air Act (CAA) to exempt nuisance dust from the CAA and excludes nuisance dust from references in the CAA to particulate matter, except with respect to geographic areas where such dust is not regulated under state, tribal, or local law to the extent the Administrator finds that: (1) nuisance dust (or any subcategory of 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. Defines "nuisance dust" as particulate matter: (1) generated from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; or (2) consisting primarily of soil, other natural or biological materials, windblown dust, or some combination of such materials. Prohibits the Administrator of the Environmental Protection Agency (EPA) 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 for one year.
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
Mechanical Insulation Installation Incentive Act of 2011 - Amends the Internal Revenue Code to allow an additional tax deduction for the cost of installing mechanical insulation property. Limits the amount of such deduction to the lesser of 30% or the reduction in energy loss from the installed mechanical insulation property compared to property that meets the minimum requirements of American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 90.1-2007. Allows the cost of replacing mechanical insulation property to be treated as a deductible business expense in the current taxable year. Defines "mechanical insulation property" as insulation materials, facings, and accessory products: (1) placed in service in connection with a mechanical system which is located in the United States and of a character subject to an allowance for depreciation; and (2) utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. Allows a tax deduction for capital expenditures related to mechanical insulation property.
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 · 8 September 2011
Disapproves the rule submitted by the Environmental Protection Agency (EPA) on July 11, 2011, entitled "Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals," relating to the mitigation by states of cross-border air pollution under the Clean Air Act.
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
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 · 28 July 2011
Regulation Moratorium and Jobs Preservation Act of 2011 - 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 as "significant" any regulatory action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect 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.
United States · United States Congress · 27 July 2011
Rural Health Care Capital Access Reauthorization Act of 2011 - Amends the National Housing Act to extend from July 31, 2011 to July 31, 2016, the exemption for critical access hospitals from the limit on patient days customarily assignable to specified categories of care under the Department of Housing and Urban Development (HUD) (Federal Housing Administration [FHA]) hospital mortgage insurance program.
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 · 21 July 2011
WAIVE Act - Allows an individual to apply for a waiver from one or more of the requirements of the Patient Protection and Affordable Care Act (PPACA) by submitting an application to the Secretary of Health and Human Services (HHS). Requires the application to include: (1) the provision or provisions of PPACA for which the waiver is being sought; and (2) a brief description of why compliance would result in a decrease in access to benefits that are currently covered by a plan or policy in which the individual is enrolled or an increase in premiums to be paid by the individual for such coverage. Requires the Secretary to: (1) issue waivers within 30 days of the receipt of such application, and (2) issue guidance to individuals in how they can apply for and be granted a waiver under this Act.
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 · 18 July 2011
Hinder the Administration's Legalization Temptation Act or the HALT Act - Suspends until January 21, 2013, the Attorney General's (DOJ) authority regarding: (1) waiver of inadmissibility of aliens unlawfully present in the United States; (2) cancellation of removal and adjustment of status for certain non-permanent residents; (3) parole authority, except for parole entries for humanitarian, law enforcement, or security purposes; and (4) designation of a country for temporary protected status. Revises, until January 21, 2013, the definition of "unauthorized alien" (for purposes of the unauthorized employment of aliens) to eliminate the exclusion from such definition of an alien authorized to work by the Attorney General. Prohibits the Secretary of Homeland Security (DHS) from granting deferred action or extended voluntary departure to any alien until January 21, 2013, except for humanitarian, law enforcement, or security purposes. Suspends specified regulations until January 21, 2013. Revokes, as of the date of enactment of this Act, any immigration benefit granted during the period beginning on July 12, 2011, and ending on the date of enactment of this Act under any authority suspended by this Act with respect to: (1) parole authority, (2) the definition of an unauthorized alien, (3) deferred action or extended voluntary departure, or (4) such specified regulations.
United States · United States Congress · 18 July 2011
Requires the Secretary of the Army, acting through the Chief of Engineers, to take into account all available hydrologic data in conducting Missouri River basin operations.
United States · United States Congress · 13 July 2011
Expresses solidarity with Falun Gong practitioners and their families for the lives, freedoms, and rights they lost for adhering to their beliefs. Calls upon the Chinese Communist Party to end cease persecution of Falun Gong practitioners. Calls upon the President, the Secretary of State, and Members of Congress to express solidarity with Falun Gong practitioners and meet with Falun Gong practitioners. Supports volunteers and participants of the Tuidang movement for their peaceful efforts to reclaim Chinese history and culture and for their pursuit of a free and open government.
United States · United States Congress · 12 July 2011
Amends the National Flood Insurance Act of 1968 to state that, if a flood has commenced or is in progress before expiration of the 30-day waiting period before a new or modified flood insurance policy becomes effective, the insurance coverage shall take effect upon the expiration of such 30-day period. Allows coverage for damage occurring after expiration of the waiting period, however, only if the property has not suffered damage or loss as a result of such flood before the waiting period expires.
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
One Percent Spending Reduction Act of 2011 - Amends the Balance Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish the aggregate outlay (outlay cap) (less net interest payments) for FY2012 at $3.382 billion, less 1%. Reduces each outlay cap for FY2013-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and each subsequent fiscal year to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits the outlay caps from being less than those for the preceding fiscal year for FY2019 and any ensuing fiscal year. Requires a sequestration by OMB within 45 days after the beginning of a fiscal year to eliminate any excess outlay amount. Prescribes requirements for Congressional Budget Office (CBO) and OMB sequestration preview reports and an OMB final sequestration report, accompanied by a presidential order detailing uniform spending reductions equal to the excess outlay amount. Requires the House and the Senate budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions outlined in the OMB August 20 report to meet the outlay limits, if a sequestration is projected. States that if, after November 14, a bill resulting in outlays for the current fiscal year is enacted that causes excess outlays, the excess outlays for the next fiscal year shall be increased by the amount or amounts of that breach. Repeals provisions of the Gramm-Rudman-Hollings Act terminating Pay-As-You-Go (PAYGO) enforcement mechanisms under such Act. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay limits in the Gramm-Rudman-Hollings Act to be exceeded. Prescribes procedures for waiver or suspension of this rule.
United States · United States Congress · 29 June 2011
Lions Clubs International Century of Service Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue as legal tender $1 coins in commemoration of the centennial of the founding of the Lions Clubs International. Requires the design of the coins to be emblematic of the centennial. Permits the Secretary to issue such coins only during calendar 2017. Requires sales of the coins to include a surcharge of $10 per coin, to be paid by the Secretary to the Lions Clubs International Foundation.
United States · United States Congress · 29 June 2011
Repeals certain Department of Education regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, and (3) define "credit hour." Prohibits the Secretary of Education from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA.
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 · 28 June 2011
Directs the Secretary of Transportation (DOT) to exempt from the requirement to obtain a hazardous material (hazmat) endorsement all class A commercial driver's license (CDL) holders who are custom harvesters, agricultural retailers, agricultural business employees, agricultural cooperative employees, or agricultural producers who operate a service vehicle with a fuel tank containing 3,785 liters (1,000) gallons or less of diesel fuel if the tank is clearly marked with a placard reading "Diesel Fuel."
United States · United States Congress · 22 June 2011
Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act or Medicare and Medicaid FAST Act - Amends part D (Prescription Drug Benefits) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to prohibit sponsors of prescription drug plans (PDPs) from paying claims for prescription drugs that do not include the valid National Provider Identifier for the drug's prescriber. Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter fraudulent use of it. Amends SSA title XIX (Medicaid), for any state that has established a State Prescription Drug Monitoring Program meeting certain requirements, to decrease by 10% the federal medical assistance percentage (FMAP) with respect to any amounts recovered by or paid to the state related to an overpayment due to fraud, waste, or abuse. Allows the state to use such amounts to support its State Prescription Drug Monitoring Program. Directs the Secretary of HHS and the Attorney General jointly to establish a Commission to examine interoperability and other issues related to State Prescription Drug Monitoring Programs. Directs the Attorney General to: (1) update daily the Drug Enforcement Administration (DEA) database of persons registered to manufacture, distribute, or dispense a controlled substance under the Controlled Substances Act to reflect any changes in the information in the Death Master File of the Social Security Administration; (2) agree with the Commissioner of Social Security to obtain death information in order to update such database; (3) establish procedures and rules to restrict access to the database to deter its fraudulent use; and (4) establish procedures and rules to review and investigate pharmacy claims under Medicare part D that contain a registration number not assigned to a practitioner by the Attorney General under the Controlled Substances Act. Amends SSA title XVIII to require certain annual reports to describe the types and financial costs to the Medicare program of improper payment vulnerabilities identified by Recovery Audit Contractors (RACs). Requires the Secretary of HHS to develop a plan to revise the beneficiary incentive program under the Health Instance Portability and Accountability Act of 1996 (HIPAA) to encourage greater participation by individuals in reporting fraud and abuse in the Medicare program. Requires the Secretary of HHS to: (1) establish and implement procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries; and (2) ensure that each newly issued Medicare identification card meets specified requirements. Directs the Secretary of HHS to establish a pilot program utilizing smart card technology to evaluate its applicability to the Medicare program and whether such cards would be effective in preventing Medicare fraud. Directs the Secretary of HHS to establish policies and procedures for prepayment review, which may include pre-certification, for all claims for reimbursement for durable medical equipment (DME) at high risk of waste, fraud, and abuse, including power wheelchairs. Requires the Secretary of HHS, the HHS Inspector General, and the Attorney General to increase coordination and data sharing. Directs the Secretary of HHS to establish: (1) automated prepayment review of all Medicare claims, (2) a plan to facilitate the inclusion of states in the Medicare-Medicaid Data Match Program, and (3) a plan that allows each state Medicaid agency access to relevant data on improper or erroneous Medicare payments for items or services for dual eligible individuals. Prohibits Medicaid payments as well as payments under SSA title XXI (State Children's Health Insurance Program) (CHIP) unless a claim contains a valid beneficiary identification number and a valid National Provider Identifier. Directs the Secretary to establish Medicare administrative contractor error reduction incentives. Requires the provider enrollment process and provider screening to be separate from any contract to serve as a Medicare administrative contractor. Directs the Secretary of HHS to report to Congress on measurable metrics for improving Medicare contractor performance. Amends SSA title XI to establish penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification number or billing privileges.
United States · United States Congress · 22 June 2011
Near East and South Central Asia Religious Freedom Act of 2011 - Authorizes the President to appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia within the Department of State. Authorizes the Special Envoy, subject to direction by the President and the Secretary of State, to represent the United States in matters and cases relevant to religious freedom in: (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations (U.N.), the Organization of Security and Cooperation in Europe, and other international organizations; and (2) multilateral conferences and meetings relevant to religious freedom. Defines "countries of the Near East" as Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, Yemen, and including the West Bank and Gaza. Defines "countries of South Central Asia" as Afghanistan, Bangladesh, Bhutan, India, Kyrgyzstan, Kazakhstan, Maldives, Nepal, Pakistan, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.
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
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 · 14 June 2011
Unfunded Mandates Accountability Act of 2011 - 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.
United States · United States Congress · 14 June 2011
Accountability Through Electronic Verification Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify program permanent. Requires: (1) federal departments, agencies, contractors, and critical employers to participate in E-Verify; (2) all U.S. employers to participate in E-Verify within one year of enactment of this Act; and (3) employers using a contract, subcontract, or exchange to obtain labor to certify that they utilize E-Verify. Directs the Secretary of Homeland Security (DHS) to require the E-Verify participation of an employer or class of employers if the Secretary has reasonable cause to believe that the employer is or has been in material violation of the employment eligibility verification process under the Immigration and Nationality Act (INA). Treats an employer’s failure to use E-Verify as a violation of the INA requirement to verify employment eligibility and creates a reputable presumption that the employer knowingly hired, recruited, or referred an illegal alien. Increases civil and criminal penalties for specified hiring-related violations. Establishes a good faith civil penalty exemption/reduction for certain hiring-related violations. Authorizes the debarment from federal contract, grant, or cooperative agreement participation for employers who are convicted of specified hiring related crimes or who have repeatedly committed specified hiring-related violations. Prohibits state and local governments from prohibiting employers from using E-Verify to determine the employment eligibility of new hires or current employees. Authorizes the verification of individuals before they are hired, recruited, or referred if the individual so consents. Requires employers to: (1) use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified through E-Verify not later than three years after enactment of this Act, (2) reverify the work authorization of individuals not later than three days after the date on which their employment authorization is due to expire, and (3) terminate an employee following receipt of a final E-Verify nonconfirmation and submit to DHS information the Secretary determines would assist in enforcing or administering U.S. immigration laws. Requires: (1) U.S. Citizenship and Immigration Services (USCIS) to report weekly to Immigration and Customs Enforcement (ICE) regarding each person receiving a final E-Verify nonconfirmation; and (2) the Social Security Administration (SSA), DHS, and the Department of the Treasury (DOT) to establish an information sharing program. Provides for elimination of the Form I-9 process. Sets forth E-Verify design and operation requirements. Amends the federal criminal code to: (1) provide that illegal aliens possessing or otherwise using false identification information not their own can be punished for identity fraud, and (2) subject a person who uses false identity information in furtherance of harboring or hiring illegal aliens to a fine and/or penalty of up to 20 years in prison. Requires USCIS to establish a demonstration program to assist small businesses in rural areas or areas without Internet capabilities to verify employment eligibility through the use of publicly accessible Internet terminals. Rescinds from all unobligated funds that have been appropriated for discretionary purposes an amount equal to the amount necessary to carry out this Act.
United States · United States Congress · 13 June 2011
Ethanol Reform and Deficit Reduction Act - Amends the Internal Revenue Code to: (1) link the amount of the volumetric ethanol excise tax credit (VEETC) for calendar quarters beginning after June 30, 2011, to the average price of crude oil in a calendar quarter, (2) modify the rates of the income tax credit for alcohol used as fuel and extend such credit through 2014, (3) extend the alternative fuel refueling property tax credit and the special depreciation allowance for cellulosic biofuel plant property, and (4) make permanent the cellulosic biofuel producer tax credit. Modifies the definition of "cellulosic biofuel" for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel that is derived solely by or from qualified feedstocks. Defines "qualified feedstocks" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna.
United States · United States Congress · 13 June 2011
National Future Farmers of America Commemorative Coin Act of 2011 - Directs the Secretary of the Treasury to mint and issue gold and silver coins in commemoration of the National Future Farmers of America Organization and the 85th anniversary of such Organization. Authorizes the issuance of coins under this Act only for a one year period, beginning on January 1, 2014. Requires all sales of coins minted under this Act to include a surcharge of $25 per gold coin and $10 per silver coin. Requires all of the surcharges received from the sale of such coins to be paid to the National FFA Foundation in Indianapolis, Indiana, for the creation of an endowment to enhance and expand programs that encourage the development of leadership skills, personal growth, and career success through agricultural education and the Future Farmers of America.
United States · United States Congress · 9 June 2011
States that: (1) it is U.S. policy to support Israel in maintaining secure, recognized, and defensible borders; and (2) it is contrary to U.S. policy and our national security to have Israel's borders return to the armistice lines that existed on June 4, 1967.
United States · United States Congress · 26 May 2011
Keeping Politics Out of Federal Contracting Act of 2011 - Prohibits the head of an executive agency from: (1) requiring a contractor to submit political information as part of a soliticitation, request for bid, request for proposal, or any other communiction in connection with the award of a contract for procurement of property or services or during the course of the contract performance until the completion of a contract; (2) using such political information as a factor or consideration in the source selection process used to award a competitive or non-competitive contract; or (3) including such political information in a contracting past performance database. Defines "political information" as information relating to political spending, including any payment for an electioneering communication, by a contractor or persons related to such contractor to a candidate for federal office, a political commitee, a political party, or to a third party entity for political purposes.
United States · United States Congress · 26 May 2011
FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated; (2) a permanent levee that is federally constructed and nonfederally operated and maintained; (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program; and (4) a nonfederal levee the owners of which are participating in the program. Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities.
United States · United States Congress · 25 May 2011
Affordable Footwear Act of 2011 - Expresses the sense of Congress that the reduction or elimination of duties on certain imported footwear will result in reduced retail prices for a wide range of U.S. consumers. Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty-free or reduced-duty treatment of certain footwear (including children's shoes) made of rubber or plastics that are imported into the United States. Deems the outer sole of shoes made of rubber or plastics to which textile materials are attached or incorporated to be made only of rubber or plastics, with no account taken of the textile materials.
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
Guantanamo Bay Detention Facility Detention Act of 2011 - Requires each high-value enemy combatant captured or otherwise taken into long-term custody or detention by the United States to, while under such U.S. detention, be detained at the Guantanamo Bay Detention Facility (GTMO) at U.S. Naval Station, Guantanamo Bay, Cuba. Defines "high-value enemy combatant" as an enemy combatant who: (1) is a senior member of al-Qaeda, the Taliban, or any associated terrorist group; (2) has knowledge of an imminent terrorist threat against the United States or its territories, the U.S. Armed Forces, or U.S. people, organizations, or allies; (3) has, or has had, direct involvement in planning or preparing a terrorist action against the United States or a U.S. ally or in assisting the leadership of al-Qaeda, the Taliban, or any associated terrorist group in planning or preparing such a terrorist action; or (4) would, if released from detention, constitute a clear and continuing threat to the United States or any U.S. ally.
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.
United States · United States Congress · 17 May 2011
Returned Exclusively For Unpaid National Debt Act or REFUND Act - Rescinds unwanted amounts, as identified by a state from a projected allocation, from any federal funds required to be allocated by formula among all states that agree to use them for a specified purpose. Prescribes a procedure by which a state legislature may identify a projected federal allocation as unwanted funds. Requires such rescinded amounts to: (1) be deposited by the Secretary of the Treasury in the special fund account entitled "Gifts to Reduce Debt Held by the Public, Bureau of the Public Debt, Treasury"; and (2) be used to reduce the federal debt.
United States · United States Congress · 16 May 2011
Parental Notification and Intervention Act of 2011 - Prohibits any person or organization from performing, permitting facilities to be used to perform, or assisting in the performance of an abortion on an unemancipated minor unless: (1) written notification is provided to each parent of the minor informing them that an abortion has been requested, unless there is clear and convincing evidence of physical abuse of the minor by a parent; (2) there is compliance with a 96-hour waiting period after any required notice has been received by each parent; and (3) there is, if a judicial intervention process is initiated by a notified parent, a final judgement that enjoining the abortion would be unlawful. Prescribes penalties of not more than a $1 million fine and/or imprisonment for not more than 10 years for violating such prohibition. Provides for an exception where a physician without principal responsibility for making the decision to perform the abortion determines that: (1) a medical emergency exists due to a grave, physical disorder or disease that would cause the minor's death if an abortion is not performed; (2) parental notification is not possible as a result of the emergency; and (3) certifications regarding compliance with such rules and the reasons upon which such determinations are based have been entered in the minor's medical records. Requires parental notification through certified mail or personal delivery. Authorizes a notified parent to bring an action in federal court which shall enjoin the abortion: (1) until the court's judgment is final, or (2) permanently unless the court determines that granting such relief would be unlawful.
![Official portrait of Sen. Johanns, Mike [R-NE]](https://www.congress.gov/img/member/j000291_200.jpg)