United States · United States Congress · 31 May 2012
Forest Products Fairness Act of 2012 - Amends the Farm Security and Rural Investment Act of 2002 to include in the definition of "biobased product" forest products that meet biobased content requirements, notwithstanding the market share the product holds, the product's age, or whether the market for the product is new or emerging. Defines "forest product" as a product made from materials derived from the practice of forestry or the management of growing timber, including: (1) pulp, paper, paperboard, pellets, and wood products; and (2) any recycled products derived from forest materials.
United States · United States Congress · 27 April 2012
Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing, adopting, implementing, administering, or enforcing the proposed guidance described in the notice of availability and request for comments entitled "EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act"; or (2) using such guidance, or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that the use of such guidance as the basis for any rule shall be grounds for vacating such rule.
United States · United States Congress · 18 April 2012
Rewarding Achievement and Incentivizing Successful Employees Act or RAISE Act - Amends the National Labor Relations Act to declare that neither its prohibition against interference by an employer with employees' right to bargain collectively, nor the terms of a collective bargaining agreement entered into between employees and an employer after enactment of this Act, shall prohibit an employer from paying an employee higher wages, pay, or other compensation than the agreement provides for.
United States · United States Congress · 17 April 2012
Amends the Electronic Fund Transfer Act with respect to mandatory fee disclosures on automated teller machines (ATMs) operated by a person other than a financial institution holding a consumer's account. Repeals the requirement that such a fee disclosure appear in a prominent and conspicuous location on or at the ATM. Limits such requirement to appearance of a fee disclosure on the ATM screen.
United States · United States Congress · 29 March 2012
Amends the Internal Revenue Code to extend through 2013 the exclusion from gross income of income attributable to the discharge of indebtedness on a principal residence.
United States · United States Congress · 28 March 2012
Includes as a homeless veteran, for purposes of eligibility for benefits through the Department of Veterans Affairs (VA), a veteran or veteran's family fleeing domestic or dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the current housing situation, including where the health and safety of children are jeopardized, there is no other residence, and there is a lack of resources or support networks to obtain other permanent housing.
United States · United States Congress · 27 March 2012
Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container. Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation. Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee. Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.
United States · United States Congress · 26 March 2012
End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain officials of the Department of Defense (DOD). Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
United States · United States Congress · 26 March 2012
Pool Safety and Accessibility for Everyone (Pool SAFE) Act - Prohibits any suit brought for violations of the revised regulations of the Americans with Disabilities Act of 1990 concerning the requirements to provide an accessible means of entry to pools for places of public accommodation and commercial facilities that occurred on or after March 15, 2012, and before the date that is one year after enactment of this Act. Bars the Attorney General (AG) from investigating or initiating a compliance review of an alleged violation occurring during such period. Requires dismissal of any suit brought against a place of public accommodation or commercial facility for such a violation brought on or after March 15, 2012, and before the date of enactment of this Act. Directs the AG to revise accessibility regulations to provide that a place of public accommodation or a commercial facility is in compliance with the requirement to have an accessible means of entry to a pool when such a place or facility uses a portable pool lift on request, even if: (1) installation of a permanent lift is readily achievable, and (2) a single portable pool lift is used for multiple pools.
United States · United States Congress · 7 March 2012
Preserving America's Family Farms Act - Prohibits the Secretary of Labor from finalizing or enforcing proposed rule "Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties" (relating to child labor in agricultural and nonagricultural occupations) issued pursuant to the Fair Labor Standards Act and published on September 2, 2011.
United States · United States Congress · 5 March 2012
United States-Israel Enhanced Security Cooperation Act of 2012 - States that it is U.S. policy to: (1) reaffirm the commitment to Israel's security as a Jewish state, (2) provide Israel with the military capabilities to defend itself and help preserve its qualitative military edge, (3) expand military and civilian cooperation, (4) assist in a negotiated settlement of the Israeli-Palestinian conflict that results in two states living side by side in peace and security, and (5) encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense.
United States · United States Congress · 5 March 2012
Amends the Internal Revenue Code to include within the definition of "manufacturer of tobacco products," for excise tax purposes, any person who for commercial purposes makes available for consumer use a machine capable of producing tobacco products.
United States · United States Congress · 1 March 2012
Affirms that it is a vital national interest of the United States to prevent Iran from acquiring a nuclear weapons capability and warns that time is limited to prevent that from happening. Urges increasing economic and diplomatic pressure on Iran to secure an agreement that includes: (1) suspension of all uranium enrichment-related and reprocessing activities, (2) complete cooperation with the International Atomic Energy Agency (IAEA) regarding Iran's nuclear activities, and (3) a permanent agreement that verifiably assures that Iran's nuclear program is entirely peaceful. Supports: (1) the universal rights and democratic aspirations of the Iranian people, and (2) U.S. policy to prevent Iran from acquiring nuclear weapons capability. Rejects any U.S. policy that would rely on efforts to contain a nuclear weapons-capable Iran. Urges the President to reaffirm the unacceptability of an Iran with nuclear-weapons capability and oppose any policy that would rely on containment as an option in response to the Iranian nuclear threat.
United States · United States Congress · 29 February 2012
Amends the Tariff Act of 1930 regarding the imposition of countervailing duties on imports into the United States from a country subsidizing, directly or indirectly, the manufacture, production, or export of merchandise which materially injures a U.S. industry or threatens to. Declares that merchandise on which countervailing duties must be imposed includes merchandise from a nonmarket country, unless the administering authority cannot identify and measure subsidies provided by the government of the nonmarket economy country (or a public entity within its territory) because the economy of that country is essentially composed of a single entity. Requires the administering authority to reduce the antidumping duty on a class or kind of merchandise from a nonmarket economy country in cases where: (1) such country (or a public entity within its territory) has provided the merchandise with a countervailable subsidy (other than an export subsidy); (2) the subsidy has reduced the average price of imports of that class or kind of merchandise during the relevant period; and (3) the extent to which the subsidy, in combination with the use of normal value, has increased the weighted average dumping margin for such merchandise can be reasonably estimated. Requires the administering authority, in such cases, to reduce the antidumping duty by the amount of the increase in the weighted average dumping margin estimated (but not by more than the portion of the countervailing duty rate attributable to the countervailable subsidy).
United States · United States Congress · 28 February 2012
Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities.
United States · United States Congress · 17 February 2012
Condemns Iran for its state-sponsored persecution of religious minorities and its continued violation of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Calls for Iran to release Youcef Nadarkhani and all other individuals held or charged on account of their religion. Recognizes that religious freedom is a universal human right and a fundamental individual freedom.
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 · 15 February 2012
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Jack Nicklaus in recognition of his service to the nation in promoting excellence and good sportsmanship. Directs the Secretary of the Treasury to strike such gold medal and to strike and sell duplicate bronze medals at a price sufficient to cover the costs of the gold and bronze medals.
United States · United States Congress · 1 February 2012
Designates the facility of the United States Postal Service located at 600 East Capitol Avenue in Little Rock, Arkansas, as the "Sidney 'Sid' Sanders McMath Post Office Building."
United States · United States Congress · 1 February 2012
Designates the facility of the United States Postal Service located at 6083 Highway 36 West in Rose Bud, Arkansas, as the "Nicky 'Nick' Daniel Bacon Post Office."
United States · United States Congress · 24 January 2012
Keystone For a Secure Tomorrow Act - Approves a specified permit regarding certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project. Prescribes permit requirements, including: (1) reconsideration of routing of the Keystone XL pipeline within Nebraska; (2) a review period during which routing within Nebraska may be reconsidered and the route of the Keystone XL pipeline through the state altered with any accompanying modification to a specified Plan; and (3) the obligation of the President to coordinate review with the state of Nebraska, provide necessary data and reasonable technical assistance material to the review process, and approve the route within Nebraska submitted by its governor to the Secretary of State. Deems approved, within 10 days after its date of submission, the route submitted by the governor of Nebraska pursuant to the permit approved under this Act if the President does not approve that route.
United States · United States Congress · 23 January 2012
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions or any claim or diagnosis that the woman will engage in conduct intended to result in her death. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods. Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports.
United States · United States Congress · 18 January 2012
Countering Iran in the Western Hemisphere Act of 2012 - States that it shall be U.S. policy to use all elements of national power to counter Iran's growing presence and hostile activity in the Western Hemisphere. Directs the Secretary of State to submit to Congress a strategy to address Iran's growing presence and activity in the Western Hemisphere.
United States · United States Congress · 10 January 2012
Disapproves of the President's appointment of four federal officers or employees during a period when no congressional recess of more than three days was authorized by concurrent resolution. Expresses the sense of the House of Representatives that those appointments were made in violation of the U.S. Constitution.
United States · United States Congress · 23 December 2011
Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of two gold medals to the First Special Service Force (a joint American-Canadian unit), collectively, in recognition of their World War II service. Directs one such gold medal to be given to the Smithsonian Institution and the other to the First Special Service Force Association in Helena, Montana. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions.
United States · United States Congress · 13 December 2011
No Budget, No Pay Act - Prohibits the payment of any pay to any Member of Congress (excluding the Vice President): (1) if both houses of Congress have not approved a concurrent resolution on the budget for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year by such date, or (2) until both houses of Congress approve such a budget resolution and pass all such appropriations bills. Prohibits any retroactive pay for such a period.
United States · United States Congress · 13 December 2011
Prevent Insider Trading by Elected Officials Act - Amends the Ethics in Government Act of 1978 to require the President, Vice President, and each Member of Congress to place all of his or her stocks, bonds, commodities futures, and other forms of securities, including securities held jointly with a spouse, in a qualified blind trust. Exempts from such requirement any financial interests in or income derived from: (1) the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including the Thrift Savings Plan (TSP); (2) any other federal retirement system for U.S. officers and employees, including the President, or for members of the uniformed services; or (3) benefits received under the Social Security Act. Requires such individuals to comply with this Act within 30 days after taking office, or, if an incumbent, within 30 days after enactment of this Act. Allows the President and Vice President to file with the Director of the Office of Government Ethics for an additional 30-day extension in order to comply with this Act. Allows a Member of Congress to file, as appropriate, with the Clerk of the House of Representatives or the Secretary of the Senate for such 30-day extension. Authorizes the Attorney General to bring a civil action against the President, the Vice President, or any Member of Congress for noncompliance with this Act.
United States · United States Congress · 12 December 2011
Federal Prison Industries Competition in Contracting Act of 2011 - Amends federal criminal code provisions relating to Federal Prison Industries (FPI) to establish governmentwide procurement policies for purchases from FPI based upon competitive procedures. Authorizes contract awards on a noncompetitive basis if the Attorney General determines that FPI cannot reasonably expect fair consideration to receive a contract award on a competitive basis and the contract award is necessary to maintain inmate work opportunities. Specifies conditions under which a contract award may be made to FPI using other than competitive procedures. Provides that a timely offer received from FPI to furnish a product or service to a federal agency shall be considered for award without limitation as to the dollar value of the proposed purchase, unless the contract opportunity has been reserved for competition for small businesses under the Small Business Act and its regulations. Allows FPI to exclude from its bids certain costs relating to security, educating and training inmates, and excess capital costs of machinery and inventories used in prisons. Makes decisions by a federal contracting officer regarding the award of a contract to FPI or the performance of such contract final, unless reversed on appeal. Requires federal agencies to report purchases from FPI to the Federal Procurement Data System. Requires FPI to publish and maintain a catalogue of its products and services. Imposes federal occupational, health, and safety standards on FPI with respect to its industrial operations. Revises rulemaking procedures for approving new FPI products or services. Requires the Chief Operating Officer of FPI to submit a proposal to the Board of Directors of FPI with a detailed analysis of the probable impact on the private sector of a proposed expansion of sales from such new products or services. Requires a federal agency that has a requirement for a product that is authorized for sale by FPI and is listed in its catalog to first solicit an offer from FPI and make purchases on a noncompetitive basis. Requires, subject to specified limitations, a contract award to be made on a noncompetitive basis to FPI if the contracting officer determines that: (1) the FPI product will meet the procurement requirements, (2) timely performance of the contract by FPI can be reasonably expected, and (3) the negotiated price does not exceed a fair and reasonable price. Requires that the terms and conditions of a procurement contract and the price to be paid to FPI be determined by negotiation between FPI and the federal agency making the purchase. Prohibits the negotiated price from exceeding a fair and reasonable price as determined by the Federal Acquisition Regulation. Prohibits the total dollar value of FPI sales to the federal government in FY2012-FY2016 from exceeding specified percentages of FPI sales for the base period. Sets limits on FPI sales within various business sectors, relating to specific products, and arising from changes in design specifications. Prohibits the use of such preferential contracting authorities on or after October 1, 2015. Requires the Attorney General to make specified findings on the effect of such percentage limitations. Amends the Federal Property and Administrative Services Act of 1949 to require the head of an executive agency, before purchasing a product listed in the latest FPI catalog, to conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the agency's needs in terms of price, quality, and time of delivery. Prohibits the head of an executive agency from entering into a contract with FPI under which an inmate would have access to sensitive or classified information. Authorizes FPI to enter into a contract with a federal contractor or subcontractor to produce products as a subcontractor or supplier, but restricts FPI products or services from a subcontractor from entering the commercial market or infringing on procurement preferences for the blind or disabled or on certain Buy America requirements. Specifies that use of FPI as a subcontractor or supplier cannot be imposed upon prospective or actual federal prime contractors or subcontractors. Requires the Board of Directors of FPI to prescribe hourly wage rates for inmates performing work for or through FPI. Requires an hourly minimum rate of $2.50 for inmates whose term of imprisonment will expire in two years or less. Requires a biannual review of inmate wage rates. Directs the Board of Directors of FPI, not later than September 30, 2012, to increase the maximum wage rate for inmates to 50% of the minimum wage rate under the Fair Labor Standards Act of 1938, and to 100% of such wage rate not later than September 30, 2017. Limits to 80% the maximum amount of deductions from inmates' gross. Includes services furnished by such convicts or prisoners within the prohibition against the transportation or importation of goods produced by prisoners or convicts in interstate or foreign commerce. Allows for the completion of existing contracts and programs involving federal inmates who are furnishing services in commerce. Provides that nothing in this Act shall establish: (1) an entitlement of any federal prison inmate to employment in a FPI facility or any particular wage or benefit, (2) inmates as employees for purposes of any law or program, or (3) any cause of action against the United States. Establishes within the Federal Bureau of Prisons (FBP) the Enhanced In-Prison Educational and Vocational Assessment and Training Program to provide: (1) in-prison assessments of inmates' needs and aptitudes, (2) a full range of educational opportunities, (3) vocational training and apprenticeships, and (4) comprehensive release-readiness preparation. Authorizes appropriations for fiscal years after FY2011. Expresses the sense of Congress that FPI should use some of its net earnings to accomplish the purposes of this program. Phases in the implementation of the program in all federal prisons within eight years. Amends the federal criminal code to authorize inmates with work assignments within FPI to perform work for a tax-exempt charity, religious organization, or local governmental unit or school district (eligible entities) that have an agreement with FPI. Establishes the position of Inmate Work Training Administrator to create alternative inmate work opportunities with eligible entities. Sets forth requirements for proposals by eligible entities for participation in inmate work programs, including certain representations regarding the charitable nature of the entities' work, protections for non-inmate workers, wage rates for inmates, and deductions from inmate wages. Directs the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to charitable entities that provide goods or services to low-income individuals. Establishes with the FBP the Cognitive Abilities Assessment Demonstration Program to assess the cognitive abilities and perceptual skills of inmates to prepare such inmates to return to society and reduce recidivism. Requires such demonstration program to be conducted for three consecutive fiscal years beginning during FY2012 at 12 federal correctional institutions and to be offered to 6,000 inmates who are within five years of release. Requires the Director of the FBP to offer prerelease employment assistance to inmates upon release. Authorizes private for-profit business entities to participate in work-based training and apprenticeship programs for federal prison inmates. Sets forth requirements relating to training and wage rates for inmates. Prohibits FPI from offering for commercial sale products produced or services furnished by federal inmates. Terminates authority for programs after September 30, 2020, and requires all agreements relating to programs to be performed before October 1, 2025. Requires the Attorney General to meet with officials of FPI to review inmate work-based training programs and report to specified congressional committees on program progress. Directs the Comptroller General to: (1) undertake an on-going assessment of inmate work-based training programs; (2) provide an opportunity for public comment on the scope and methodology of such assessment; and (3) make interim and final reports to Congress on such assessment. Revises the membership structure and terms of the Board of Directors of FPI. Permits FPI to: (1) locate more than one workshop at a federal correctional facility, and (2) operate a workshop outside a facility if all inmates working in such workshop are classified as minimum security inmates. Directs FPI to establish a cost accounting system. Directs that correctional officers or other employees of FPI who are separated from employment due to reductions in FPI revenues be: (1) eligible for appointment in the competitive civil service, (2) registered on a Bureau of Prisons reemployment priority list, and (3) given priority for appropriate positions in the Bureau of Prisons. Revises and expands FPI annual reporting requirements to Congress. Requires copies of FPI's annual reports to be made available to the public. Provides for proposed revisions to the Governmentwide Federal Acquisition Regulation for implementing this Act and final regulations within 180 days of enactment of this Act. Requires the Board of Directors of FPI to issue regulations defining "prison-made product," "prison-furnished service," " specific product," and "specific service." Requires the Board of Directors to use means designed to most effectively solicit public comment on proposed regulations, procedures, and policies and to conduct open meetings. Requires the Secretary of Labor to establish an inmate training wage pursuant to the Fair Labor Standards Act of 1938. States that provisions of this Act relating to FPI bid protests are not intended to alter the protest rights of any other offeror of a federal contract bid. States that nothing in this Act is intended to modify the Javits-Wagner-O'Day Act (concerning procurement from persons who are blind or severely disabled).
United States · United States Congress · 8 December 2011
Reopening American Capital Markets to Emerging Growth Companies Act of 2011 - Amends the Securities Act of 1933 (SA) and the Securities Exchange Act of 1934 (SEA) to define "emerging growth company" as an issuer that had total annual gross revenues of less than $1 billion during its most recently completed fiscal year. Amends SEA and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to exempt emerging growth companies from the requirement for separate shareholder approval of executive compensation, including golden parachute compensation. Amends SA to state that an emerging growth company need not present more than two years of audited financial statements in order for its registration statement, with respect to an initial public offering of its common equity securities, to be effective. Amends both SA and SEA to state that, in any other registration statement to be filed with the Securities and Exchange Commission (SEC), an emerging growth company need not present financial data for any period before the earliest audited period presented in connection with its initial public offering. Authorizes the SEC to recognize, as generally accepted accounting principles, those established by a standard setting body that, in addition to other criteria, has not established any accounting principles that would require an emerging growth company to comply with any new or revised financial accounting standard as of an effective date earlier than the one applying to a company that is not an issuer. Amends the the Sarbanes-Oxley Act of 2002 to exempt a registered public accounting firm that prepares or issues a report on its audit of an emerging growth company from the requirement that it attest to, and report on, any assessment of internal controls the company's management has made. Modifies the application to emerging growth companies of any auditing or other professional standards the Public Company Accounting Oversight Board may establish that were proposed by one or more professional groups of accountants. Exempts an emerging growth company from any such rules requiring mandatory audit firm rotation or a supplement to the auditor's report in which the auditor would be required to provide additional information about the audit and the issuer's financial statements (auditor discussion and analysis). Applies this exemption also with respect to any additional rules adopted by the Board after enactment of this Act, unless the SEC decides otherwise and determines that their application to emerging growth companies is necessary or appropriate in the public interest, after considering the protection of investors and whether the action will promote efficiency, competition, and capital formation. Amends SA to deem not to constitute an offer for sale or offer to sell a security, for the purposes of prospectus and specified registration requirements, a broker's or dealer's publication or distribution of a written, electronic, or oral research report about an emerging growth company that is the subject of a proposed public offering of its common equity securities pursuant to a registration statement the issuer proposes to file, or has filed, or that is effective, even if the broker or dealer is participating or will participate in the registered offering of the issuer's securities. Prohibits the SEC and any registered national securities association from adopting or maintaining any conflict-of-interest rule or regulation in connection with an initial public offering of the common equity of an emerging growth company that restricts: (1) which associated persons (based on functional role) of a broker, dealer, or member of a national securities association may arrange for communications between a securities analyst and a potential investor; or (2) a securities analyst from participating in any communications with the management of an emerging growth company that is also attended by any other associated person of a broker, dealer, or member of a national securities association whose functional role is other than as a securities analyst. Authorizes an emerging growth company, or any person authorized to act on behalf of one, to engage in oral or written communications with potential investors that are qualified institutional buyers or institutions that are accredited investors to determine whether such investors might have an interest in a contemplated securities offering, either before or after the filing of a registration statement with the SEC. Prohibits the SEC and any registered national securities association from adopting or maintaining any rule or regulation prohibiting any broker, dealer, or member of a national securities association from publishing or distributing any research report, or making a public appearance, with respect to the securities of an emerging growth company. Amends SA to authorize an emerging growth company, before its initial public offering date, to submit to the SEC a draft registration statement for confidential nonpublic review by SEC staff before the public filing, provided that the initial confidential submission and all amendments to it are publicly filed with the SEC within 21 days before the issuer conducts a "road show." Declares that the SEC, however, shall not be compelled to disclose such information. (A "road show" is an offer that contains a presentation regarding an offering by one or more members of the issuer's management and includes discussion of the issuer, its management, and/or the securities being offered.)
United States · United States Congress · 7 December 2011
Recognizes the importance of Christmas symbols and traditions. Disapproves of attempts to ban references to Christmas. Supports the use of these symbols and traditions by those who celebrate Christmas.
United States · United States Congress · 1 December 2011
Amends the Railway Labor Act to require the National Mediation Board to apply the same procedures, including voting standards, to the direct decertification of a labor organization as are applied to elections to certify a representative.
United States · United States Congress · 22 November 2011
Hospice Evaluation and Legitimate Payment Act - Amends title XVIII (Medicare) of the Social Security Act with respect to the face-to-face encounter framework in hospice care. Allows a clinical nurse specialist, physician assistant, or other health professional (in addition to a hospice physician or a nurse practitioner, as under current law) to conduct the face-to-face encounter with an individual to determine continued eligibility for hospice care before the first 60-day (currently, 180-day) recertification period and each subsequent recertification period. Requires the Secretary of Health and Human Services (HHS) to establish a Medicare Hospice Payment Reform demonstration program to test any revisions to the methodology for determining payment rates for routine home care and other hospice care services. Sets at every three years the frequency of surveys of certified hospice program entities.
United States · United States Congress · 17 November 2011
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 15 November 2011
Achieving a Better Life Experience Act of 2011 or the ABLE Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts to assist an individual with a disability in building an account to pay for qualified disability expenses. Defines "qualified disability expenses" to include expenses for education, a primary residence, transportation, obtaining and maintaining employment, health and wellness, and other personal support expenses. Treats a qualified ABLE program and an ABLE account in the same manner as a qualified tuition program for income tax purposes (i.e., allowing a tax exemption for such program and an exclusion from gross income of amounts attributable to a contributor to or a beneficiary of a program account). Defines "qualified ABLE program" as a program established and maintained by a state agency under which a person may make contributions to an ABLE account established to pay for qualified disability expenses. Requires amounts in ABLE accounts to be disregarded in determining eligibility for Medicaid and other means-tested federal programs. Suspends the payment of supplemental security income benefits under title XVI (Supplemental Security Income) of the Social Security Act to an individual during any period in which such individual has excess resources attributable to an ABLE account.
United States · United States Congress · 14 November 2011
Energy Security and Transportation Jobs Act - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to make available for leasing and to conduct lease sales including: (1) at least 50% of the available unleased acreage within each outer Continental Shelf (OCS) planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the OCS, with an emphasis on offering the most geologically prospective parts of the planning area; and (2) any state subdivision of an OCS planning area that the Governor of such state requests be made available for leasing. Directs the Secretary, in the 2012-2017 5-year oil and gas leasing program, to make available for leasing OCS planning areas that: (1) are estimated to contain more than 2.5 billion barrels of oil; or (2) are estimated to contain more than 7.5 trillion cubic feet of natural gas. Directs the Secretary, in developing a 5-year oil and gas leasing program, to determine a domestic strategic production goal for the development of oil and natural gas. Makes the production goal for the 2012-2017 5-year oil and gas leasing program an increase by 2027 in daily production of at least: (1) 3 million barrels of oil, and (2) 10 billion cubic feet of natural gas. Directs the Secretary to conduct proposed offshore oil and gas Lease Sales 216 and 222 (in the central Gulf of Mexico) and Lease Sale 220 (on the OCS offshore Virginia). Authorizes the Secretary to hold additional lease sales for areas with the greatest potential for new oil and gas development as a result of local support, new seismic findings, or nomination by interested persons. Amends the Tax Relief and Health Care Act of 2006 to repeal the moratorium upon oil and gas leasing, or preleasing, or any related activity in: (1) any area east of the Military Mission Line in the Gulf of Mexico; (2) any area in the Eastern Planning Area that is within 125 miles of the Florida coastline; or (3) specified areas within the Central Planning Area and within 100 miles of the Florida coastline. Amends the Outer Continental Shelf Lands Act to include within the OCS any submerged lands lying within the United States exclusive economic zone and the Continental Shelf adjacent to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or other territories of the United States. Prescribes requirements for the disposition of new leasing revenues among coastal states.
United States · United States Congress · 14 November 2011
Fallen Heroes of 9/11 Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of congressional gold medals in honor of the men and women who perished as a result of the September 11, 2001, terrorist attacks on the United States to the Flight 93 National Memorial in Pennsylvania, the National September 11 Memorial and Museum in New York, and the Pentagon Memorial at the Pentagon. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medals, with amounts received from the sale to be deposited in the United States Mint Public Enterprise Fund.
United States · United States Congress · 4 November 2011
Regional Haze Federalism Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate a federal implementation plan in place of a state implementation plan to remedy any impairment to visibility in designated class I areas (international parks, wilderness areas and memorial parks that exceed 5,000 acres, and national parks that exceed 6,000 acres) only if: (1) such state failed to consider the costs of, the time necessary for, and and the energy and non-air quality environmental impacts of compliance with such plan and the remaining useful life of any existing air pollution source; and (2) compliance with federal implementation plan requirements is not required earlier than five years after the date of promulgation. Requires: (1) the Administrator to revoke an existing federal or state implementation plan for a state regarding visibility or any determination made in 2010 or 2011 of best available retrofit technology for a source upon receipt of a request by such state; and (2) such state to submit to the Administrator a visibility plan or a revised retrofit technology determination within a reasonable period of time. Provides that states have sole discretion, after considering certain economic factors, in determining emission limits, schedules of compliance, and other measures for each applicable implementation plan for a state for any area that is listed as contributing to impairment of visibility. Requires the state, in determining best available retrofit technology (or the Administrator in determining emission limitations that reflect such technology), to consider, in addition to other factors, the economic impacts to the state and the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan. Provides that a state's determination of such technology for any source may be subject to review by the Administrator or an administrative entity or federal or state court only pursuant to a clearly erroneous standard of review.
United States · United States Congress · 27 October 2011
Diagnostic Imaging Services Access Protection Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services (HHS) from applying a multiple procedure payment reduction policy to the professional component of imaging services furnished: (1) in 2012; or (2) in 2013 or a subsequent year unless the reduction is based on the data, analysis, and conclusions of a study completed by an expert panel of physician members from a national medical speciality society expert in the field of diagnostic imaging services.
United States · United States Congress · 24 October 2011
Common Sense Deficit Reduction Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate: (1) health care entitlements for certain individuals who are under age 65, not entitled to or enrolled for benefits under SSA title XVIII (Medicare), and whose income does not exceed 133% of the poverty line; (2) the state option to cover individuals whose income exceeds 133% of the poverty line; (3) the increased federal medical assistance percentage (FMAP) for medical assistance for newly eligible mandatory individuals; and (4) coverage of former foster care children under age 26. Eliminates requirements that Medicaid benchmark benefits: (1) provide minimum essential coverage, and (2) ensure parity in the financial requirements and treatment limitations in medical and surgical benefits, on the one hand, and mental health or substance use disorder benefits, on the other. Amends the Patient Protection and Affordable Care Act (PPACA) to eliminate: (1) the extension of the Medicaid premium assistance subsidy to all individuals, regardless of age; and (2) the prohibition against any state requirement, as a condition of Medicaid eligibility, that an individual (or the individual's parent) apply for enrollment in qualified employer-sponsored coverage. Amends SSA titles XIX and XXI (Children's Health Insurance Program) (CHIP) to eliminate the modified adjusted gross income standard for determining Medicaid and CHIP eligibility. Amends SSA title XXI to: (1) eliminate the increased FMAP for CHIP; (2) reduce CHIP appropriations for FY2013 and eliminate them for FY2014-FY2015; (3) repeal the requirement that a state assure exchange coverage for targeted low-income children unable to be provided child health assistance as a result of funding shortfalls; (4) terminate after FY2013 (instead of the current extension through FY2015) the period during which the Secretary of Health and Human Services (HHS) must make grants to improve CHIP outreach and enrollment; and (5) reduce the amount of money for awarding such grants. Reduces the amount of the one-time appropriations to CHIP under the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Amends the Internal Revenue Code to repeal the tax credit for premium assistance for coverage under a qualified health plan. Amends PPACA, the Fair Labor Standards Act of 1938, the Public Health Service Act, and SSA title XIX to repeal mandatory reductions in the maximum limits for out-of-pocket expenses (cost-sharing subsidies) for individuals enrolled in qualified health plans whose incomes are between 100% and 400% of the poverty line. Amends PPACA to require a state's American Health Benefit Exchange to certify that, for purposes of the individual responsibility penalty under the Internal Revenue Code, an individual is exempt from the individual requirement to purchase qualified health care insurance (mandate) or from the penalty imposed by such section because the individual would have qualified for premium assistance under the Internal Revenue Code, medical assistance under Medicaid, child health assistance under CHIP, or reduced costing sharing, but for the enactment of this Act. Repeals the Community Living Assistance Services and Supports program (CLASS Act) under the Public Health Service Act.
United States · United States Congress · 13 October 2011
March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.
United States · United States Congress · 13 October 2011
Marketplace Equity Act of 2011 - Authorizes states to require all sellers making remote sales to collect and remit sales and use taxes with respect to such sales into the state, without regard to the location of the seller, if such states implement a simplified system for administration of sales and use tax collection for remote sellers. Requires such a system to include, at a minimum: (1) an exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales not exceeding $1 million in the United States or not exceeding $100,000 in the state, (2) a single sales and use tax return for use by remote sellers and a single revenue authority within the state with which remote sellers are required to file a tax return, and (3) a uniform tax base throughout the state. Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus so as to allow such state to require such seller to collect and remit taxes.
United States · United States Congress · 13 October 2011
U.S.S. Cruiser Olympia Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue during calendar year 2016 up to 500,000 $1 silver coins in commemoration of the legacy of the U.S.S. Cruiser Olympia, the sole surviving U.S. naval ship of the Spanish-American War and the world's oldest steel warship afloat. Prescribes a surcharge of $10 per coin, to be paid to the Friends of the Cruiser Olympia to restore and preserve the ship.
United States · United States Congress · 12 October 2011
Farmers Undertake Environmental Land Stewardship Act or the FUELS Act - Requires the Administrator of the Environmental Protection Agency (EPA), in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, to require certification of compliance with such rule by: (1) a professional engineer for a farm with an individual tank with a storage capacity greater than 10,000 gallons, an aggregate storage capacity of at least 42,000 gallons, or a history that includes a spill; or (2) the owner or operator of the farm (via self-certification) for a farm with an aggregate storage capacity greater than 10,000 gallons but less than 42,000 gallons and no history of spills. Exempts from all requirements of such rule any farm with an aggregate storage capacity of at least 10,000 gallons and no history of spills. Excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons from the aggregate storage capacity of a farm.
United States · United States Congress · 5 October 2011
Renewable Fuel Standard Flexibility Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA): (1) by August 1 and by the end of November each year, to determine and publish the U.S. corn stocks-to-use ratio for the current crop year; and (2) to waive the renewable fuel program's requirements for the rest of the calendar year following the August determination or for the next calendar year following the November determination by reducing the national quantity of renewable fuel otherwise required by specified amounts based on the ratio determined. Prohibits: (1) waivers granted under this Act from affecting the volume of advanced biofuel under such program, or (2) the Administrator from allowing any volume of conventional biofuel to be used to satisfy the requirement for advanced biofuel.
United States · United States Congress · 23 September 2011
Creating Hope Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the priority review voucher program for tropical diseases to: (1) include rare pediatric diseases; (2) allow unlimited transfers of vouchers under the program; and (3) require a sponsor intending to use a voucher to notify the Secretary of Health and Human Services (HHS) at least 90 days (currently, 365 days) before submission of the application. Revises provisions regarding the priority review user fee, including to make it payable upon notification of the Secretary of intent to use the voucher. Authorizes the Secretary, upon request of the manufacturer or sponsor of a new drug, to designate that a new drug is: (1) for a rare pediatric disease, and (2) an eligible treatment. Requires the Secretary to deem a rare pediatric disease product application to be incomplete if it does not contain a description of the sponsor's plan to market the product in the United States. Authorizes the Secretary to refuse to issue a priority review voucher upon the approval of a rare pediatric disease application if the Secretary finds that the sponsor lacks a good faith intention to market the product in the United States. Directs the Secretary to issue a guidance document setting forth the evidentiary support necessary to demonstrate such a good faith intention. Requires sponsors of applications under the priority review voucher program to report to the Secretary within five years after the approval of the application on the demand and distribution of the product within the United States.
United States · United States Congress · 23 September 2011
Companionship Exemption Protection Act - Amends the Fair Labor Standards Act of 1938, with respect to the exemption from minimum wage and maximum hour requirements of domestic service employment to provide companionship services for individuals who because of age or infirmity are unable to care for themselves, to specify that such companionship services include third party non-medical in-home care companionship, light housekeeping, meal preparation, errands, assistance to appointments, laundry, medication reminders, bathing, and assistance with incontinence and grooming.
United States · United States Congress · 22 September 2011
Medicare Access to Radiology Care Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare payment for the services of qualified radiologist assistants.
United States · United States Congress · 21 September 2011
Superfund Common Sense Act - Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean: (1) digestive emissions, feces, urine, urea and other excrement from livestock; (2) any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock; (3) any process water associated with such items; and (4) any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items. Amends the Superfund Amendments and Reauthorization Act of 1986 to exempt from notification requirements releases associated with manure.
United States · United States Congress · 21 September 2011
Empowering Patients First Act - Repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of their enactment. Restores or revives provisions amended or repealed by such Act or such health care provisions. Amends the Internal Revenue Code to allow a tax credit for qualified health insurance costs to residents of a state that implements a high-risk pool, a reinsurance pool, or other risk-adjustment mechanism. Amends the Public Health Service Act to provide for the establishment and governance of individual membership associations (IMAs) to make health benefits coverage available to IMA members and their dependents. Small Business Health Fairness Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans, which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations and which meet certain ERISA certification requirements. Directs that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with conditions of this Act. Amends title XXI (Children's Health Insurance) (CHIP, formerly known as SCHIP) of the Social Security Act (SSA) to: (1) require a state CHIP plan to specify how it will achieve coverage for 90% of targeted low-income children; and (2) prohibit CHIP payments for children with family income above 300% of the applicable poverty line. Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 - Sets forth provisions governing lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Establishes a statute of limitations and limits noneconomic and punitive damages. Permits a group health plan to vary premiums and cost-sharing by up to 50% of the benefits based on participation (or lack of participation) in a wellness program. Requires a health insurance issuer to provide claims information, on request, to a plan, plan sponsor, or plan administrator. Prohibits the Secretary of Health and Human Services (HHS) from using comparative effectiveness research to deny coverage of an item or service under a federal health care program. Authorizes a state to establish a Health Plan and Provider Portal website to standardize information on health insurance plans available in the state. Amends title XVIII (Medicare) of SSA to permit Medicare beneficiaries to contract with a physician or practitioner for health care items or services. Prohibits states from imposing limits on the amount of charges for health care services furnished by an eligible professional. Sets forth provisions regarding students loans and loan repayment for health care professionals. Exempts health care professionals from federal and state antitrust laws in connection with negotiations with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided. Establishes discretionary spending limits for FY2012-FY2021 for new budget authority in the nondefense category.
![Official portrait of Rep. Womack, Steve [R-AR-3]](https://www.congress.gov/img/member/117_rp_ar_3_womack_steve_200.jpg)