United States · United States Congress · 28 March 2012
Preserve the Waters of the United States Act - Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing the proposed guidance described in the notice of availability and request for comments entitled "EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act"; or (2) using such guidance, or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that the use of such guidance as the basis for any rule shall be grounds for vacation of such rule.
United States · United States Congress · 28 March 2012
Death Tax Repeal Permanency Act of 2012 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption.
United States · United States Congress · 21 March 2012
Preserving America's Family Farms Act - Prohibits the Secretary of Labor from finalizing or enforcing proposed rule "Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties" (relating to child labor in agricultural and nonagricultural occupations) issued pursuant to the Fair Labor Standards Act and published on September 2, 2011.
United States · United States Congress · 21 March 2012
Disapproves the Department of Labor final rule relating to certification of H-2B nonimmigrant temporary or seasonal non-agricultural workers (published in the Federal Register on February 21, 2012) and states that such rule shall have no force or effect.
United States · United States Congress · 7 March 2012
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 6 March 2012
United States-Israel Enhanced Security Cooperation Act of 2012 - States that it is U.S. policy to: (1) reaffirm the commitment to Israel's security as a Jewish state, (2) provide Israel with the military capabilities to defend itself and help preserve its qualitative military edge, (3) expand military and civilian cooperation, (4) assist in a negotiated settlement of the Israeli-Palestinian conflict that results in two states living side by side in peace and security, and (5) encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense. Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles. Amends the Emergency Wartime Supplemental Appropriations Act, 2003 to extend specified loan guarantee authority to Israel.
United States · United States Congress · 1 March 2012
Reaffirms the commitment of the United States to democracy, human rights, civil liberties, and the rule of law, and supports the Iranian people in their calls for a democratic government that respects such rights and freedoms. Condemns Iran's human rights violations. Urges the President, the Secretary of State, and world leaders to express support for the universal rights and freedoms of the Iranian people and to condemn elections that are not free and do not meet international standards.
United States · United States Congress · 16 February 2012
Disapproves and nullifies the rule submitted by the National Labor Relations Board (NLRB) and published December 22, 2011, relating to representation election procedures.
United States · United States Congress · 16 February 2012
Affirms that it is a vital national interest of the United States to prevent the Islamic Republic of Iran from acquiring a nuclear weapons capability and warns that time is limited to prevent that from happening. Urges increasing economic and diplomatic pressure on Iran to secure an agreement that includes: (1) suspension of all uranium enrichment-related and reprocessing activities, (2) complete cooperation with the International Atomic Energy Agency (IAEA) regarding Iran's nuclear activities, and (3) a permanent agreement that verifiably assures that Iran's nuclear program is entirely peaceful. Supports: (1) the universal rights and democratic aspirations of the Iranian people, and (2) U.S. policy to prevent the Iranian government from acquiring nuclear weapons capability. Rejects any U.S. policy that would rely on efforts to contain a nuclear weapons-capable Iran. Urges the President to reaffirm the unacceptability of an Iran with nuclear-weapons capability and oppose any policy that would rely on containment as an option in response to the Iranian nuclear threat.
United States · United States Congress · 9 February 2012
Amends the Federal Deposit Insurance Act to make the Consumer Financial Protection Bureau (CFPB) a "covered agency" that may share information with another covered agency or any other federal agency without waiving any privilege applicable to the information. Prohibits information submitted to the CFPB in the course of its supervisory or regulatory process from being construed as waiving, destroying, or affecting any privilege that may be claimed with respect to such information under federal or state law as to any person or entity other than the CFPB, another federal banking agency, a state bank supervisor, or a foreign banking authority.
United States · United States Congress · 1 February 2012
Amends the Federal Deposit Insurance Act to prohibit information submitted to the Consumer Financial Protection Bureau (CFPB) in the course of any supervisory or regulatory process from being construed as affecting any privilege the submitter may claim about that information under federal or state law as to any person or entity other than the CFPB.
United States · United States Congress · 30 January 2012
Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008. Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline. Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities. Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline. Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State. States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA. Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act.
United States · United States Congress · 17 December 2011
Pays tribute to the members of the U.S. Armed Forces who served in support of operations in Iraq. Calls on the people of the United States to reflect on the service of those members, veterans, and their families, and honor their sacrifices. Commemorates and honors the contributions made by such members and their families as the official combat mission in Iraq draws to a close.
United States · United States Congress · 8 December 2011
Expresses the sense of the Senate that all further assistance provided by the United States to Antigua and Barbuda should be suspended until Antigua and Barbuda provide complete redress of specified issues regarding an investigation of the Stanford Financial Group fraud. Includes among such redress: (1) an agreement by of Antigua and Barbuda to be subject to the jurisdiction and bound by the judgment of any U.S. court that adjudicates the claims relating to the Stanford Financial Group fraud; (2) the transfer of the assets seized by Antigua and Barbuda, or obtained by the joint liquidators of Stanford International Bank, to the U.S. district court-appointed receiver for the benefit of victims of the fraud; (3) a specified contribution by Antigua and Barbuda to the U.S. receivership estate for the benefit of victims of the fraud; (4) fulfillment by Antigua and Barbuda of their obligations relating to the expropriation of the Half Moon Bay Resort; and (5) an agreement by Antigua and Barbuda to neither interfere with the receivership commenced by the United States, nor seek control of assets claimed by the United States. Expresses the sense of the Senate that the Secretary of the Treasury should direct the U.S. Executive Directors of the International Bank for Reconstruction and Development and the International Development Association (World Bank) and the International Monetary Fund (IMF) to use the voice and vote of the United States to ensure that any future loan made by the World Bank or the IMF to Antigua and Barbuda is conditioned upon providing complete redress of these matters, and satisfaction of this resolution.
United States · United States Congress · 5 December 2011
Amends the Securities Exchange Act of 1934 regarding registration of securities to modify the registration threshold for an issuer that is either a bank or a bank holding company as well as for an issuer that is neither a bank nor a bank holding company. Raises from $1 million to $10 million the threshold for total assets of an issuer that requires registration of a certain class of equity security. Divides the holding threshold that requires registration of such a class of equity security, however, into: (1) 2,000 holders of record if the issuer is a bank or a bank holding company, and (2) 500 holders of record if the issuer is neither. Requires termination of a security registration in the case of a bank or a bank holding company if the number of holders of record of the class of security is reduced to less than 1,200. Directs the Securities and Exchange Commission (SEC) to promulgate implementing regulations.
United States · United States Congress · 30 November 2011
North American Energy Security Act - Directs the President, acting through the Secretary of State, to grant a permit under Executive Order 13337 (relating to issuance of permits for certain energy-related facilities and land transportation crossings on the international boundaries of the United States) for the Keystone XL pipeline project application filed on September 19, 2008. Declares that the President shall not be required to grant such permit upon a determination that the Keystone XL pipeline would not serve the national interest. Requires the President, within 15 days after making such a determination, to report to certain congressional committees as well as to the majority and minority leadership of the Senate and the House a justification for it, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors. States that if the President does not make a determination that the Keystone XL pipeline would not serve the national interest, and take action within 60 days after enactment of this Act, the permit for the Keystone XL pipeline shall be in effect by operation of law. Sets forth permit requirements, including: (1) the reconsideration of routing of the Keystone XL pipeline within Nebraska, and (2) a review period during which routing within Nebraska may be reconsidered and the route of the pipeline through the state altered. Declares that, if the President does not approve the route within Nebraska submitted by the governor of Nebraska within 10 days after submission, the route submitted by the governor shall be considered approved by operation of law.
United States · United States Congress · 10 November 2011
Representation Fairness Restoration Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interests are sufficiently distinct from those of other employees to warrant the establishment of a separate unit.
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 · 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
Honors Reverend Fred Lee Shuttlesworth (established the Alabama Christian Movement for Human Rights, co-founded the Southern Christian Leadership Conference, helped organize the march from Selma to Montgomery to protest voting discrimination in Alabama, and worked with the Congress of Racial Equality to organize the Freedom Rides) for his efforts in the fight against segregation and commitment to the civil rights of all people.
United States · United States Congress · 4 October 2011
Dodd-Frank Improvement Act of 2011 - Amends the Securities Exchange Act of 1934 to establish the Office of Derivatives within the Securities and Exchange Commission (SEC) to: (1) administer SEC rules governing security-based swaps, (2) coordinate oversight of the market for swaps and security-based swaps with domestic and international regulators, and (3) monitor the swaps and security-based swaps market. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) to: (1) extend the date of issuance for certain regulations regarding the swaps and security-based swaps market, and (2) set a deadline for the SEC, the Commodity Futures Trading Commission (CFTC), and the prudential regulators to adopt jointly an implementation schedule for the regulation of the over-the-counter-swaps market. Amends the Commodity Exchange Act, with respect to the registration and regulation of swap dealers and major swap participants, to exempt from specified margin requirements any swaps in which one of the counterparties is not: (1) a swap dealer or a major swap participant; (2) the Federal National Mortgage Association (Fannie Mae) or any affiliate, the Federal Home Loan Mortgage Corporation (Freddie Mac) or any affiliate, or any Federal Home Loan Bank; or (3) a commodity pool predominantly invested in any combination of commodities, commodity swaps, commodity options, or commodity futures. Exempts from such margin requirements also an investment fund that: (1) has issued non-debt securities to more than five unaffiliated persons, (2) would be an investment company but for specified disqualifications, and (3) is not primarily invested in physical assets directly or through an interest in an affiliate that owns the physical assets. Exempts also from such requirements swaps entered into before the date on which final rules become effective. Amends the Securities Exchange Act of 1934 to exempt from the margin requirements for security-based swap dealers and major security-based swap participants any security-based swap in which one of the counterparties is not: (1) a security-based swap dealer or major security-based swap participant; (2) an investment fund that would be an investment company but for specified disqualifications, and is not primarily invested in physical assets directly or through an interest in an affiliate that owns the physical assets; (3) Fannie Mae or an affiliate, Freddie Mac or an affiliate, or a Federal Home Loan Bank; or (4) a commodity pool predominantly invested in any combination of commodities, commodity swaps, commodity options, or commodity futures. Exempts also from such requirements security-based swaps entered into before the date on which final rules become effective. Amends Dodd-Frank to state that an agreement, contract, or transaction entered into by a party that is either controlling, controlled by, or under common control with its counterparty (affiliate transaction) shall not be deemed a "swap" or "security-based swap" subject to regulation under such Act. Requires that such affiliate transactions be reported to either a swap data repository or to the SEC, if there is no swap data repository that would accept such transaction reports. Requires the CFTC and the SEC to add to a required study on the effects of position limits on trading on exchanges in the United States an analysis of the progress made by members of the Group of 20 and other countries toward implementing derivatives regulatory reform, and on possible and likely effects on United States competitiveness, market liquidity, and financial stability. Authorizes the two agencies, upon completion of a report to Congress on such study, to issue jointly any rules necessary to prohibit transactions or activities, or classes of transactions or activities conducted outside of the United States, that they find: (1) have no valid business purpose, (2) are structured with the sole purpose of evading the requirements of the Wall Street Transparency and Accountability Act of 2010, and (3) might reasonably be expected to have a serious adverse effect upon the stability of the U.S. financial system. States that activities conducted outside of the United States between counterparties established under the laws of any jurisdiction outside of the United States shall not be considered to: (1) have a direct and significant connection with activities in, or effect upon, U.S. commerce; (2) constitute a business within U.S. jurisdiction; or (3) constitute evasion of any provision of Dodd-Frank, unless those activities contravene any rules adopted by the CFTC and the SEC.
United States · United States Congress · 23 September 2011
Designates September 2011 as National Prostate Cancer Awareness Month. Declares that steps should be taken to: (1) raise awareness about prostate cancer screening and treatment; (2) increase research funding commensurate with the burden of prostate cancer; and (3) improve access to, and the quality of, health care services for detecting and treating prostate cancer.
United States · United States Congress · 22 September 2011
Financial Regulatory Responsibility Act of 2011- 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.
United States · United States Congress · 21 September 2011
Raoul Wallenberg Centennial Celebration Act - Directs The Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of the Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.
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 · 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 · 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 · 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
Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011 - Establishes the Gulf Coast Restoration Trust Fund to be available for expenditures to the Gulf Coast states of Alabama, Florida, Louisiana, Mississippi, and Texas solely for: (1) coastal restoration projects and activities; (2) mitigation of damage to, and restoration of, fish, wildlife, or natural resources; (3) implementation of a federally approved marine, coastal, or comprehensive conservation management plan; (4) programs to promote tourism, the consumption of seafood produced from the Gulf Coast ecosystem, and education regarding the natural resources of such ecosystem; (5) planning assistance and administrative costs; (6) workforce development and job creation; (7) improvements to state parks in coastal areas affected by the Deepwater Horizon oil spill; (8) mitigation of the ecological and economic impact of outer Continental Shelf activities and the impacts of such oil spill or promotion of the long-term ecological or economic recovery of the Gulf Coast ecosystem through the funding of infrastructure projects; and (9) coastal flood protection and infrastructure directly affected by coastal wetland losses, beach erosion, and the impacts of such oil spill. Requires the Secretary to deposit in the Fund 80% of all administrative and civil penalties paid after this Act's enactment, pursuant to a court order, negotiated settlement, or other instrument in accordance with the Federal Water Pollution Control Act (commonly known as the Clean Water Act), in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon. Amends the Clean Water Act to require 35% of amounts made available from the Fund in any fiscal year to be available to the Gulf Coast states in equal shares for ecological and economic restoration of the Gulf Coast ecosystem. Authorizes a governor of a Gulf Coast state, in awarding contracts for such a project or program, to give a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in, a Gulf Coast state. Establishes the Gulf Coast Ecosystem Restoration Council to: (1) publish a Comprehensive Plan for and undertake projects and programs to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast ecosystem; (2) update such Plan every five years; (3) coordinate the development of consistent policies, strategies, plans, and activities addressing the restoration and protection of the Gulf Coast ecosystem and associated research; and (4) prepare an integrated financial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the federal agencies represented on the Council for projects and programs in the Gulf Coast states. Requires 60% of the total amount made available from the Fund to be disbursed to the Council to carry out the Plan. Establishes within the National Oceanic and Atmospheric Administration (NOAA) the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program, under which the NOAA Administrator shall provide grants to establish and operate a center of excellence in each of the Gulf Coast states. Requires each center to focus its curriculum on science, technology, and monitoring in at least one of the following: (1) coastal and deltaic sustainability, restoration, and protection; (2) coastal fisheries and wildlife ecosystem research and monitoring; (3) offshore energy development; (4) sustainable and resilient growth and economic and commercial development; and (5) comprehensive observation, monitoring, and mapping of the Gulf. Allocates 5% of Fund amounts to such Program. Establishes the Gulf of Mexico Research Endowment to be administered by the Secretary of Commerce for use in providing long-term funding for such Program. Requires: (1) the Council to establish a fishery and ecosystem endowment to ensure the long-term sustainability of the ecosystem, fish stocks, the fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico; and (2) NOAA to administer such endowment.
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
Appalachian Development Highway System Act of 2011 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY2012-FY2017 for the Appalachian development highway system program. Directs the Secretary of Transportation (DOT) to apportion such funds among the appropriate states to complete construction of the Appalachian development highway system. Requires amounts made available to a state that remain unobligated five years later to be returned to the Secretary and reallocated among the remaining states. Authorizes states of the system to loan apportioned amounts between themselves.
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 · 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 · 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 · 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 · 15 June 2011
Southeastern Disaster Tax Relief Act of 2011 - Extends certain disaster-related tax relief provisions to the Southeastern disaster area. Defines "Southeastern disaster area" as an area with respect to which a major disaster has been declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act due to severe storms, tornados, or flooding occurring after April 13, 2011, and before June 7, 2011, in Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, and Tennessee. Rescinds $12 billion of appropriated discretionary unexpired and unobligated federal funds to implement this Act.
United States · United States Congress · 13 June 2011
Libyan Assets for Humanitarian Relief Act of 2011 - Amends the International Emergency Economic Powers Act to authorize the President to: (1) confiscate and vest funds and other property of the government of Libya that are subject to U.S. jurisdiction, and (2) liquidate or sell any of such property. Limits the amount of funds that may be taken. Requires that confiscated and vested funds be deposited in an account for confiscated property (as required to be established by this Act). Authorizes the President to transfer account funds to: (1) executive agencies or other persons to be used for humanitarian relief for the people of Libya, and (2) a U.S.-recognized successor government of Libya. Prohibits fund transfers for weapons purchases or to organizations or persons involved in terrorism or human rights violations. Sets forth provisions regarding: (1) congressional notification, (2) reporting and recordkeeping, (3) confiscation of property, and (4) judicial review. Defines "government of Libya" as the government of Libya on the date of enactment of this Act, including any agency or instrumentality of that government, any entity controlled by that government, and the Central Bank of Libya, while excluding any successor government of Libya.
United States · United States Congress · 18 May 2011
States that the federal government should take no action to redeem, assume, or guarantee state debt, and that the Secretary of the Treasury should report to Congress negotiations to engage in actions that would result in an outlay of federal funds on behalf of creditors to a state.
United States · United States Congress · 16 May 2011
Reaffirms support for a negotiated solution to the Israeli-Palestinian conflict resulting in two states, a democratic Jewish state of Israel and a democratic Palestinian state living in peace and mutual recognition. States that any Palestinian unity government must forswear terrorism, accept Israel's right to exist, and reaffirm previous agreements made with Israel. Opposes any attempt to establish or seek recognition of a Palestinian state outside of an agreement negotiated between leaders in Israel and the Palestinians. Urges Palestinian leaders to cease efforts at circumventing the negotiation process, including through a unilateral declaration of statehood or by seeking recognition of a Palestinian state from other nations or the United Nations (U.N.). Supports the President's opposition to a unilateral declaration of a Palestinian state. States that the Senate will consider restrictions on aid to the Palestinian Authority (PA) should the PA persist in efforts to circumvent direct negotiations. Reaffirms the requirement under U.S. law precluding assistance to a PA that includes Hamas unless that PA and all its ministers accept Israel's right to exist and all prior agreements and understandings with the governments of the United States and Israel.
United States · United States Congress · 12 May 2011
Job Protection Act - Amends the National Labor Relations Act to provide that an employer's expression or written dissemination of views, argument, or opinion regarding the costs associated with collective bargaining, work stoppages, or strikes shall not constitute antiunion animus or unlawful motive (an unfair labor practice), if such expression contains no threat of reprisal or force or promise of benefit. Denies the National Labor Relations Board (NLRB), unless an employer has been adjudicated finally to have unlawfully undertaken certain actions, any power to: (1) order the employer to relocate, shut down, or transfer any existing or planned facility or work or employment opportunity; (2) prevent the employer from making such relocations, transfers, or expansions to new or existing facilities in the future; or (3) prevent the employer from closing or not developing a facility, or from eliminating an employment opportunity. Declares that, unless an employer has been so adjudicated, nothing under the Act shall: (1) prevent the employer from choosing where to locate, develop, or expand its business or facilities; (2) require the employer to move, transfer, or relocate any facility, production line, or employment opportunity, or require the employer to cease or refrain from doing so; or (3) prevent the employer from closing a facility or eliminating any employment opportunity.
United States · United States Congress · 12 May 2011
Expresses condolences to the families and friends of those who lost their lives, homes, and livelihoods in the storms and tornadoes of April 2011 and extends wishes for a full recovery for those who were injured. Commends the resiliency of the people of the affected states, including Alabama, Tennessee, Mississippi, Georgia, Virginia, and North Carolina, and commits to provide the necessary resources and to stand by them. Extends thanks to the forecasters, first responders, firefighters, law enforcement personnel, volunteers, and medical personnel who took quick action to provide warnings, aid, and comfort to the victims.
United States · United States Congress · 5 May 2011
No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.) Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Thus making permanent existing federal policies.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Makes such prohibitions applicable to District of Columbia funds. Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions. Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.
![Official portrait of Sen. Shelby, Richard C. [R-AL]](https://www.congress.gov/img/member/s000320_200.jpg)