United States · United States Congress · 8 September 2011
Two-Year Regulatory Freeze Act of 2011 - Prohibits any federal department or agency from publishing new rules or regualtions, or finalizing or otherwise enforcing or giving lawful effect to draft rules or regulations, until January 31, 2013. Exempts a rule which involves U.S. military or foreign affairs functions or matters relating to agency management or personnel or to public property, loans, grants, benefits, or contracts, or for which notice of proposed rulemaking is not otherwise required.
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 · 6 September 2011
Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP). Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Amends the Small Business Act to define "ESOP business concern" and allow such a concern to continue to qualify for loans, preferences, and other programs under such 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
Minuteman Missile National Historic Site Boundary Modification Act - Amends the Minuteman Missile National Historic Site Establishment Act of 1999 to modify the boundary of the Minuteman Missile National Historic Site in South Dakota by including in the Historic Site a visitor facility and administrative site located on a specified parcel of land that consists of: (1) approximately 25 acres of land within the Buffalo Gap National Grassland in Jackson County, South Dakota; and (2) approximately 3.65 acres of land at the Delta 1 Launch Control Facility for the construction and use of a parking lot and for other administrative uses. Transfers administrative jurisdiction over such land from the Secretary of Agriculture (USDA) to the Secretary of the Interior. Modifies the boundary of the Buffalo Gap National Grassland to exclude the transferred land.
United States · United States Congress · 2 August 2011
National Fish and Wildlife Foundation Reauthorization Act of 2011 - Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Requires the Secretary of the Interior to appoint 28 directors (currently, 23) who are knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources and represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. Removes limitations on the appointment of such Foundation's officers and employees. Requires the Foundation's Executive Director to be appointed by and serve at the direction of the Board as the chief executive officer and to be knowledgeable and experienced in matters relating to fish and wildlife conservation. Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund. Authorizes appropriations for the Foundation for FY2011-FY2015. Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies, and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use).
United States · United States Congress · 2 August 2011
Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires a neutral, private organization, chosen by agreement between an employer and a labor organization that is the exclusive representative of employees in an appropriate bargaining unit, to conduct a secret ballot election by the employees, every three years after the labor organization's initial certification, to determine whether a majority desire to continue to be represented by that labor organization. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
United States · United States Congress · 2 August 2011
Prohibits the Secretary of the Treasury from requiring a payor of interest to file an information return on interest that is not effectively connected with a trade or business within the United States and that is paid to a nonresident alien on a deposit maintained at an office within the United States.
United States · United States Congress · 2 August 2011
Directs the Secretary of Transportation (DOT) to promulgate a rule to: (1) improve the daytime and nighttime visibility of agricultural equipment operating on public roads, and (2) establish minimum lighting and marking standards for such equipment. Requires the Secretary to review and revise such standards at least once every five years to reflect the latest revision of American Society of Agricultural and Biological Engineers (ASABE) Standard 279 entitled "Lighting and Marking of Agricultural Equipment on Highways."
United States · United States Congress · 2 August 2011
Long-Term Care Hospital Improvement Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to long-term care hospitals to specify: (1) the criteria for preadmission patient screening and for admission following a face-to-face evaluation by a physician, (2) core services and patient care requirements, and (3) discharge criteria. Reduces from 48 hours to 24 hours of admission the deadline by which long-term care hospitals must validate that patients meet admission criteria.
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 · 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 · 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 · 19 July 2011
Terminates the program for redesign and issuance of circulating $1 coins honoring each of the Presidents of the United States (Presidential $1 Coin Program).
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 · 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 · 23 June 2011
Biodiesel Tax Incentive Reform and Extension Act of 2011 - Amends the Internal Revenue Code to revise the income and excise tax credits for biodiesel used as fuel to: (1) allow a $1.00 tax credit for each gallon of biodiesel produced; (2) provide for an increased income tax credit for small biodiesel producers; (3) revise the definitions of "biodiesel" and "small biodiesel producer"; (4) treat renewable diesel in the same manner as biodiesel for income tax purposes; and (5) treat biodiesel as a taxable fuel for excise tax purposes. Extends the biodiesel income and excise tax credits through December 31, 2014.
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
Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure. Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution. Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; or (2) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber.
United States · United States Congress · 21 June 2011
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions.
United States · United States Congress · 21 June 2011
Recognizes that continued investigation of Central Intelligence Agency (CIA) employees for involvement in a detention and interrogation program to avert terrorist attacks on the United States is unwarranted and will likely have a chilling effect on the work of CIA and other U.S. national security professionals. Urges: (1) the President and the Attorney General to immediately close the Department of Justice's (DOJ) ongoing investigation and decline future prosecution of CIA employees for actions related to the interrogation of detainees at overseas locations, including the use of enhanced interrogation techniques on detained terrorists; and (2) the President to develop and implement policies allowing for the long-term detention and interrogation of high-value detainees, including detainees captured overseas or in the custody of foreign countries.
United States · United States Congress · 16 June 2011
Offshore Jobs and Energy Permitting Act of 2011 - 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. Provides that: (1) emissions from any vessel servicing or associated with an OCS source, including emissions while at the OCS source or in route to or from the OCS source within 25 miles of the OCS source, shall be considered direct emissions from the OCS source (current law) but shall not be subject to any emission control requirement applicable to such source; (2) 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; and (3) an OCS source activity includes platform and drill ship exploration, construction, development, production, processing, and transportation. 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. Prohibits: (1) the Environmental Appeals Board of the Environmental Protection Agency (EPA) from having any authority to consider any matter relating to the consideration, issuance, or denial of such permit; and (2) extending any administrative stay of the effectiveness of such permit beyond 180 days after the date of filing of such application.
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 · 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
Grazing Improvement Act of 2011 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years). Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, Granger-Thye Act, Bankhead-Jones Farm Tenant Act, or California Desert Protection Act of 1994. Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the requirement under the National Environmental Policy Act of 1969 (NEPA) to prepare an environmental analysis if such decision continues current grazing management of the allotment. Makes provisions of the Administrative Procedure Act applicable to appeals made by grazing permittees regarding grazing permits or leases under the Act and the Forest and Rangeland Renewable Resources Planning Act of 1974.
United States · United States Congress · 26 May 2011
Combating Autism Reauthorization Act - Amends the Public Health Service Act to extend and reauthorize appropriations through FY2014 for programs established under the Combating Autism Act of 2006, including: (1) the developmental disabilities surveillance and research program; (2) the autism education, early detection, and intervention program; and (3) the Interagency Autism Coordinating Committee. Requires the Secretary of Health and Human Services (HHS) to submit a progress report on: (1) activities related to autism spectrum disorders and other developmental disabilities, and (2) implementation of the Combating Autism Act of 2006. Reauthorizes appropriations for FY2012-FY2014 for National Institutes of Health (NIH) research on autism spectrum disorders and reviews of centers of excellence.
United States · United States Congress · 26 May 2011
Critical Minerals Policy Act of 2011 - Directs the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to publish in the Federal Register a draft methodology for determining which minerals qualify as critical minerals, based on an assessment of whether they are subject to potential supply restrictions and important in use. Directs the Secretary to: (1) arrange with the National Academy of Sciences (NAS) and the National Academy of Engineering (NAE) to review the methodology, and (2) publish in the Federal Register minerals designated as critical. Directs the President to coordinate federal agency actions to facilitate the development and production of domestic resources to meet national critical minerals needs. Directs the Secretary to conduct a specified national assessment of critical minerals. Establishes within the Department of the Interior the Critical Minerals Working Group to facilitate federal agency: (1) efforts to optimize efficiencies associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and (2) review of laws, regulations, and policies that discourage investment in domestic critical minerals. Requires the Administrator of the Small Business Administration (SBA) to submit to certain congressional committees an assessment of federal agency compliance with the Regulatory Flexibility Act in promulgating regulations applicable to the critical minerals industry. Authorizes the President, upon state request, to enter into a cooperative agreement to process permits for critical mineral manufacturing facilities. Directs the Secretary of Energy (DOE) to conduct research and development to promote the efficient production, use, recycling of, and alternatives to critical minerals. Instructs the Secretary of the Interior to make an annual report that includes a comprehensive: (1) review of critical mineral production, consumption, and recycling patterns; and (2) forecast ("Annual Critical Minerals Outlook") of projected patterns. Instructs the Secretary of Labor to assess the domestic availability of technically trained personnel necessary for critical mineral enterprises, including skills in the shortest supply. Directs the Secretaries of the Interior and of Labor to arrange jointly with the NAS and the NAE to coordinate with the National Science Foundation (NSF) on a study to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain. Directs the Secretary of the Interior and the NSF to conduct jointly a competitive program of four-year grants to institutions of higher education to take specified steps to implement integrated critical mineral education, training, innovation, and workforce development programs. Instructs the Secretary of State to promote international cooperation on critical mineral supply chain issues with U.S. allies. Directs the DOE Secretary to support research programs for: (1) novel uses for cobalt, including energy technologies and super-alloys; and (2) advanced lead manufacturing processes. Amends the Energy Independence and Security Act of 2007 to direct the DOE Secretary to provide grants for research, development, demonstration, and commercial application of domestic industrial processes designed to enhance domestic lithium production for use in advanced battery technologies. Directs the DOE Secretary to support programs regarding: (1) research, development, commercial application, and conservation to expand domestic production of low-Btu gas and helium resources; (2) advanced membrane technology used in the separation of gases from applications; (3) helium separation technology; and (4) an industrial helium program. Instructs the Secretary of the Interior to: (1) update existing resource information for phosphate, potash, and rare earth elements; and (2) study the issues associated with establishing a licensing pathway for the complete thorium nuclear fuel cycle. Repeals: (1) the National Materials and Minerals Policy, Research and Development Act of 1980; and (2) the National Critical Materials Act of 1984.
United States · United States Congress · 26 May 2011
Department of Commerce and the Workforce Consolidation Act - Establishes the Department of Commerce and the Workforce, headed by a Secretary of Commerce and the Workforce, as an executive department for the advancement of economic growth and job opportunities. Consolidates in such Department: (1) the Office of the Workforce, (2) the Patent and Trademark Office, (3) the Small Business Administration (SBA), (4) the Office of Economic Affairs and Statistics, (5) the National Institute of Standards and Technology (NIST), (6) the International Trade Administration, (7) the Bureau of Industry and Security, (8) the Economic Development and Training Administration, (9) the Communications and Information Administration, and (10) the Office of Inspector General. Sets forth the powers and responsibilities of the Secretary. Transfers: (1) specified functions and programs of the Departments of Commerce and Labor to the Department of Commerce and the Workforce, (2) all functions of the National Oceanic and Atmospheric Administration (NOAA) to the Department of the Interior, and (3) all functions of the National Marine Fisheries Service of NOAA to the United States Fish and Wildlife Service. Requires the President to issue an executive order to achieve cost savings in the areas of travel and relocation, printing and copying, and supplies and materials. Eliminates: (1) the International Labor Comparisons program of the Bureau of Labor Statistics, (2) the career pathways innovation fund established under the Workforce Investment Act of 1998, (3) the Enhanced Transitional Jobs Demonstration program (4) grants for public telecommunications facilities, (5) the Baldridge Performance Excellence Program, (6) the Malcolm Baldridge National Quality Award, (6) the Emergency Steel Guaranteed Loan Program, and (7) certain functions and programs of the Bureau of the Census.
United States · United States Congress · 25 May 2011
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.
United States · United States Congress · 25 May 2011
Family Health Care Accessibility Act of 2011 - Amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. Sets forth conditions for such liability protection, including: (1) the service is provided to the individual at a community health center or through offsite programs or events carried out by such center; and (2) the health care practitioner does not receive any compensation for providing the service, except repayment for reasonable expenses. Considers an entity as sponsoring the health care practitioner if the entity submits an application to the Secretary of Health and Human Services (HHS), and the Secretary determines that the health care practitioner is deemed to be an employee of the Public Health Service. Requires the Attorney General to submit to Congress an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the actions or omissions of health professional volunteers, will be paid pursuant to this Act annually. Requires the Secretary to transfer such estimated amount from the claims fund to the appropriate accounts in the Treasury, subject to the extent of amounts in the fund. Makes this Act effective on October 1, 2012.
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
Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act, as amended by PPACA, to repeal provision that allow a premium rate variance by age in the individual or small group market. Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin. Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act.
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
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 review (every nine years) 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 the Small Business Administration 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.
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.
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
Digital Goods and Services Tax Fairness Act of 2011 - Prohibits a state or local jurisdiction from imposing multiple or discriminatory taxes on or with respect to the sale or use of digital goods or services delivered or transferred electronically to a customer. Excludes from the definition of "digital service" telecommunications service, Internet access service, or audio or video programming service. Restricts taxation of digital goods and services to the retail sale of such goods and services and by the jurisdiction encompassing a customer's tax address. Prohibits the use of existing regulations or administrative rulings relating to the taxation of tangible personal property or other services to impose any tax on the sale or use of digital goods or services. Grants jurisdiction to federal district courts to prevent a violation of this Act, without regard to the amount in controversy or the citizenship of the parties. Expresses the sense of Congress that each state shall take reasonable steps to prevent multiple taxation of digital goods and services where a foreign country has imposed a tax on such goods and services.
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 · 11 May 2011
Offshore Production and Safety Act of 2011 - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (Secretary) to require an exploration plan to incorporate a third-party reviewed response plan which describes the means and timeline to contain and terminate an ongoing discharge of oil. Requires the Secretary to certify, as a prerequisite to plan approval, the technological feasibility of methods proposed to be used under a response plan, as demonstrated by the potential lessee through simulation, demonstration, or other means. Directs the Secretary of Energy (DOE), acting through the DOE Office of Science, to use specified funds to study, in collaboration with the DOE Office of Fossil Energy, means of improving prevention methodologies and technological responses to oil spills and mitigating the effects of oil spills on natural habitat. Requires the DOE Secretary, as part of the study, to convene a task force to assess: (1) such methodologies and technological response to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010, and the resulting hydrocarbon releases into the environment; as well as (2) the adequacy of existing technologies for prevention and responses to deep water oil spills. Directs the Comptroller General to study existing federal capabilities and legal authorities to prevent and respond to oil spills. Instructs the Secretary to conduct certain oil and gas lease sales within specified deadlines. States that such lease sales are considered to satisfy the requirements of the National Environmental Policy Act of 1969. Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements, including blowout prevention; and (2) oil spill response and containment requirements. Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures. Imposes a deadline for a final decision on certain permit applications under existing leases. Directs the Secretary to extend by one year the terms of certain oil and gas leases (covered leases) for the Gulf of Mexico outer Continental Shelf (OCS) region. Establishes any district court within the Fifth Circuit as the exclusive venue for civil actions relating to covered energy projects on leased federal land in the Gulf of Mexico unless there is no proper venue within that circuit. Bars such a civil action unless it is filed within 60 days after the final federal action to which it relates. Sets forth a standard of review under which: (1) the court is directed to hear and determine any covered civil action as expeditiously as possible; and (2) any judicial review of a covered civil action makes a presumption that the administrative findings and conclusions relating to the challenged federal action or decision are correct. Sets restrictions on prospective relief. Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act.
![Official portrait of Sen. Thune, John [R-SD]](https://www.congress.gov/img/member/t000250_200.jpg)