United States · United States Congress · 22 January 2013
Stop Abortion Funding in Multi-state Exchange Plans Act or SAFE Act - Amends the Patient Protection and Affordable Care Act to require the Director of the Office of Personnel Management (OPM), in entering into contracts with health insurance issuers, to ensure that no multi-state qualified health plan offered in a health benefit exchange provides coverage of abortion. Excepts from such limitation: (1) a pregnancy that results from rape or incest; or (2) a case where a woman suffers from a physical disorder, injury, or illness that would place the her in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. Preempts any state law requiring coverage of or funding for abortions in multi-state health plans.
United States · United States Congress · 18 January 2013
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 volunteer 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 · 18 January 2013
Judgment Fund Transparency Act of 2013 - Requires the Secretary of the Treasury to make available to the public on a website, as soon as practicable but within 30 days after a payment under this Act is tendered, the following information with regard to any payment made by the United States under a judgment, award, or compromise settlement with respect to a claim against the United States, unless the disclosure of such information is otherwise prohibited by law or court order: the name of the specific federal agency or entity whose actions gave rise to the claim or judgment; the name of the plaintiff or claimant and counsel; the amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest; a brief description of the facts that gave rise to the claim; a copy of the original or amended complaint or written claim, and any written answer given by the federal government to it; a copy of the final action by a court regarding the claim (whether by decree, approval of settlement, or otherwise), or of the settlement agreement in any action not involving a court; and the name of the agency that submitted the claim.
United States · United States Congress · 18 January 2013
Hunting, Fishing, and Recreational Shooting Protection Act - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.
United States · United States Congress · 18 January 2013
Establishes in the House of Representatives a select Committee to investigate and report to the House on: any intelligence known to the United States relating to the attack on the U.S. consulate in Benghazi, Libya, on September 11, 2012; any requests for additional security, or actions taken by federal agencies to improve security at the consulate before the attack; a definitive timeline of it; how the relevant agencies and the executive branch responded to it and whether appropriate congressional notifications were made; any improper conduct by officials relating to the attack; recommendations on what steps Congress and the President should take to prevent future attacks; and any other relevant issues relating to the attack or the response to it.
United States · United States Congress · 15 January 2013
Designates the Department of Veterans Affairs (VA) and Department of Defense (DOD) joint outpatient clinic to be constructed in Marina, California, as the "General William H. Gourley Federal Outpatient Clinic: A Joint VA-DOD Health Care Facility."
United States · United States Congress · 15 January 2013
Amends the Antiquities Act of 1906 to require, in addition to a presidential declaration, congressional approval prior to the establishment of a national monument.
United States · United States Congress · 15 January 2013
Amends the Continuing Appropriations Act, 2011, as amended by the Continuing Appropriations Resolution, 2013 (P.L. 112-175), to extend through December 31, 2013: (1) the freeze on statutory pay adjustments for federal employees and officials, and (2) the prohibition against any member of the Senior Executive Service or any senior level employee in the executive branch from receiving an increase in his or her rate of basic pay absent a change of position that results in a substantial increase in responsibility or a promotion. Eliminates the delayed statutory pay adjustment contained in the Resolution that was permitted to take effect with the first applicable pay period beginning after March 27, 2013.
United States · United States Congress · 15 January 2013
Energy Freedom and Economic Prosperity Act - Amends the Internal Revenue Code to repeal: (1) the excise tax credits for alcohol fuel, biodiesel, and alternative fuel mixtures; (2) the tax credits for the purchase of alternative motor vehicles and new qualified plug-in electric drive motor vehicles; (3) the alternative fuel vehicle refueling property tax credit; (4) the income tax credits for alcohol, biodiesel, and renewable diesel used as fuel; (5) the enhanced oil recovery tax credit and the tax credit for producing oil and gas from marginal wells; (6) the tax credits for producing electricity from renewable resources and from advanced nuclear power facilities; (7) the tax credit for carbon dioxide sequestration; (8) the energy tax credit; and (9) the tax credits for investment in qualifying advanced coal projects and qualifying gasification projects. Directs the Secretary of the Treasury to prescribe a flat income tax rate for corporations, in lieu of the existing marginal tax rates, based upon the overall revenue savings from the repeal of energy tax expenditures by this Act.
United States · United States Congress · 4 January 2013
Title X Abortion Provider Prohibition Act - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Service (HHS) from providing any federal family planning assistance to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of an act of rape or an act of incest; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed, including a condition caused by or arising from the pregnancy. Excludes hospitals from such requirement so long as the hospital does not provide funds to any non-hospital entity that performs an abortion. Requires the Secretary to annually provide Congress: (1) information on grantees who performed abortions under the exceptions, and (2) a list of entities to which grant funds are made available.
United States · United States Congress · 4 January 2013
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document. Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions. Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan. Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently, 5-year) term. Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community. Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis.
United States · United States Congress · 4 January 2013
Stop Taxpayer Funded Cell Phones Act of 2011 [ sic ] - Prohibits a provider of commercial mobile communications service from receiving universal service support under specified provisions of the Communications Act of 1934 for the provision of such service through the Federal Communications Commission's (FCC) Lifeline program (a program that provides discounts on monthly telephone service to qualifying low-income consumers).
United States · United States Congress · 3 January 2013
Federal Reserve Transparency Act of 2013 - Directs the Comptroller General (GAO) to: (1) complete, within 12 months of enactment of this Act, the required audit of the Board of Governors of the Federal Reserve System (Board) and of the Federal Reserve Banks; and (2) submit to Congress, within 90 days of audit completion, a detailed report of audit findings and conclusions. Repeals certain limitations placed upon such audit. Instructs the Comptroller General to audit and report on the review of loan files of homeowners in foreclosure in 2009 or 2010, required as part of the enforcement actions taken by the Board against supervised financial institutions. Prescribes audit contents, including: (1) the guidance given by the Board to independent consultants retained by the supervised financial institutions regarding procedures to be followed in conducting the file reviews, (2) the factors considered by independent consultants when evaluating loan files and the results obtained pursuant to those reviews, and (3) the determinations made by such consultants regarding the nature and extent of financial injury sustained by each homeowner as well as the level and type of remediation offered.
United States · United States Congress · 3 January 2013
Repeals the Patient Protection and Affordable Care Act, effective as of its enactment. Restores provisions of law amended by such Act. Repeals the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of the Act's enactment. Restores provisions of law amended by the Act's health care provisions.
United States · United States Congress · 3 January 2013
Federal Employee Accountability Act of 2013 - Repeals provisions: (1) authorizing a federal employee representing an exclusive representative in the negotiation of a collective bargaining agreement official time for such purpose during the time such employee otherwise would be in a duty status; and (2) requiring the Federal Labor Relations Authority (FLRA) to determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before it shall be authorized official time for that purpose.
United States · United States Congress · 3 January 2013
Fair Tax Act of 2013 - Repeals the income tax, employment tax, and estate and gift tax. Redesignates the Internal Revenue Code of 1986 as the Internal Revenue Code of 2013. Imposes a national sales tax on the use or consumption in the United States of taxable property or services. Sets the sales tax rate at 23% in 2015, with adjustments to the rate in subsequent years. Allows exemptions from the tax for property or services purchased for business, export, or investment purposes, and for state government functions. Sets forth rules relating to: (1) the collection and remittance of the sales tax, and (2) credits and refunds. Allows a monthly sales tax rebate for families based upon criteria related to family size and poverty guidelines. Grants states the primary authority for the collection of sales tax revenues and the remittance of such revenues to the Treasury. Sets forth administrative provisions relating to: (1) the filing of monthly reports and payments of tax; (2) accounting methods; (3) registration of sellers of goods and services responsible for reporting sales; (4) penalties for noncompliance; and (5) collections, appeals, and taxpayer rights. Directs the Secretary of the Treasury to allocate sales tax revenues among: (1) the general revenue, (2) the old-age and survivors insurance trust fund, (3) the disability insurance trust fund, (4) the hospital insurance trust fund, and (5) the federal supplementary medical insurance trust fund. Prohibits the funding of the Internal Revenue Service (IRS) after FY2017. Establishes in the Department of the Treasury: (1) an Excise Tax Bureau to administer excise taxes not administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and (2) a Sales Tax Bureau to administer the national sales tax. Terminates the sales tax imposed by this Act if the Sixteenth Amendment to the U.S. Constitution (authorizing an income tax) is not repealed within seven years after the enactment of this Act.
United States · United States Congress · 3 January 2013
Constitutional Amendment - Prohibits the federal government from increasing its debt except for a specific purpose by law adopted by three-fourths of the membership of each chamber.
United States · United States Congress · 3 January 2013
Expresses the sense of Congress that the current federal income tax deduction for mortgage interest paid on a first or second home should not be further restricted.
United States · United States Congress · 3 January 2013
Expresses the sense of Congress that, except in response to an actual or imminent attack against the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates the exclusive power of Congress to declare war under article I of the Constitution, and therefore constitutes an impeachable high crime and misdemeanor under article II.
United States · United States Congress · 13 November 2012
Designates the facility of the United States Postal Service located at 225 Simi Village Drive in Simi Valley, California, as the "Postal Inspector Terry Asbury Post Office Building."
United States · United States Congress · 21 September 2012
Directs the Secretary of the Interior, at the request of the Shingle Springs Band of Miwok Indians, to convey to such Indians all interest of the United States in approximately 40.852 acres of specified federal land in El Dorado County, California, under the administrative jurisdiction of the Bureau of Land Management (BLM). Requires the Shingle Springs Band of Miwok Indians to pay to the Secretary an amount equal to the market value of the conveyed federal land.
United States · United States Congress · 2 August 2012
States' Medical Marijuana Property Rights Protection Act - Exempts real property from civil forfeiture under the Controlled Substances Act due to medical-marijuana-related conduct that is authorized by state law.
United States · United States Congress · 1 August 2012
Designates the facility of the United States Postal Service located at 211 Hope Street in Mountain View, California, as the "Lieutenant Kenneth M. Ballard Memorial Post Office."
United States · United States Congress · 1 August 2012
Saving Our Dams and New Hydropower Development and Jobs Act of 2012 - Amends the Reclamation Project Act of 1939 to authorize small conduit hydropower development. Designates the Power Resources Office of the Bureau of Reclamation as the lead office of small conduit hydropower policy and procedure-setting activities. Requires the Administrators of the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration to include in monthly billings sent to customers estimates and reports of costs related to compliance with federal environmental laws impacting fish and wildlife. Authorizes the Commissioner of the Bureau of Reclamation to partner or enter into an agreement with local joint power authorities to complete planning and feasibility studies authorized by Congress for water storage projects. Prohibits the Bureau of Reclamation and other federal agencies from bypassing hydroelectric turbines if a state in which the affected facilities are located has declared a drought emergency or if such bypass could result in harming endangered fish, unless such bypasses are necessary for flood control purposes. Exempts from the requirement to prepare an environmental assessment or impact statement an electricity right-of-way holder, including a Power Marketing Administration, that applies to remove insect-infected trees or other hazardous fuels within 500 feet of the right-of-way. Prohibits: (1) federal funds from being used to implement a new program, project, activity, or action required by or proposed in a March 16, 2012, memorandum from Steven Chu, Secretary of Energy, to the Power Marketing Administrators, until a report justifying the implementation of such program, project, activity, or action is submitted to Congress; (2) federal funds from being used to remove, breach, or study the removal or breaching of any hydroelectric-producing dam unless explicitly authorized by Congress; (3) federal funds or funding from congressionally chartered organizations that provide grants impacting federal land and fish and wildlife from being used for mitigation activities related to hydroelectric-producing dam removal unless explicitly authorized by Congress; and (4) federal agencies or congressionally chartered organizations that provide grants impacting federal land and fish and wildlife from funding any nongovernmental organization that is or was involved in litigation that would negatively impact hydropower generation during the preceding 10 years.
United States · United States Congress · 24 July 2012
Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product; (2) the number of servings and number of calories per serving; or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed. Defines “reasonable basis” for a restaurant or similar food establishment’s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines "preset standard build" as the finished version of a menu item most commonly ordered by consumers. Applies the nutritional disclosure requirements to retail food establishments that derive more than 50% of their total revenue from the sale of food.
United States · United States Congress · 18 July 2012
Preserving Work Requirements for Welfare Programs Act of 2012 - Prohibits the Secretary of Health and Human Services (HHS) from finalizing, implementing, enforcing, or otherwise taking any action to give effect to the Information Memorandum dated July 12, 2012 (Transmittal No. TANF-ACF-IM-2012-03), or to any administrative action relating to the same subject matter or that reflects the same or similar policies. Prohibits the Secretary also from authorizing, approving, modifying, or extending any experimental, pilot, or demonstration project under the Social Security Act (SSA) that: (1) waives compliance with mandatory work requirements of SSA title IV part A (Temporary Assistance for Needy Families) (TANF), or (2) authorizes an expenditure not otherwise allowable under a state TANF program with respect to compliance with such work requirements. Rescinds and nullifies any waiver relating to the subject matter of the Information Memorandum granted before the enactment of this Act.
United States · United States Congress · 12 July 2012
Employee Verification Act - Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require federal contractors and subcontractors to participate in the E-Verify Program. Exempts specified federal procurement contracts from E-Verify coverage. Directs the Secretary of Homeland Security (DHS) to ensure that E-Verify is applied to: (1) all persons hired during the term of the grant, loan, loan guarantee, or cooperative agreement by the recipient of the federal benefit to perform employment duties within the United States; and (2) all employees assigned by the recipient of the federal benefit to perform work within the United States under the project or activity funded by the grant, loan, loan guarantee, or cooperative agreement. Makes E-Verify permanent.
United States · United States Congress · 9 July 2012
Healthy Forest Management Act of 2012 - Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state. Allows a state governor or the Secretary of Agriculture (USDA), with respect the National Forest System, or of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation. Allows a governor or the Secretary, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Prohibits clear cutting as a part of any such project. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Authorizes the Secretary concerned to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services that include: (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. Permits state foresters to enter into subcontracts to provide such restoration and protection services. Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend the authority to enter, and the duration of, contracts to perform services to achieve land management goals for national forests that meet local and rural community needs.
United States · United States Congress · 9 July 2012
Repeal of Obamacare Act - Repeals the Patient Protection and Affordable Care Act, effective as of its enactment. Restores provisions of law amended by such Act. Repeals the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of the Act's enactment. Restores provisions of law amended by the Act's health care provisions.
United States · United States Congress · 28 June 2012
Phantom Fuel Reform Act of 2012 - Amends the Clean Air Act to revise the renewable fuel program by requiring the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel to be sold or introduced into commerce in the next year, to determine for each facility producing such biofuel during the current year: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31, and (2) the estimated annualized volume of biofuel production for such facility for the current year based on such average monthly production. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume.
United States · United States Congress · 21 June 2012
Self-Sufficient Community Lands Act of 2012 - Directs the Secretary of Agriculture (USDA) to establish the community forest demonstration area or areas of a state, consisting of National Forest System (NFS) land, at the request of a Board of Trustees appointed by a governor to manage such land in that state. Conditions establishment of an area upon: (1) inclusion of at least 200,000 acres of NFS land; (2) a state forest practices law or regulatory structure applicable to state or privately owned forest land; (3) agreement with the governor by the county in which the land is located requiring the county, in using revenues received from the area, to continue to meet obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000 or other provisions concerning payment of receipts for the benefit of public schools and roads. Excludes from a community forest demonstration area land that is a component of the National Wilderness Preservation System or on which the removal of vegetation is specifically prohibited by federal law. Deems the administration and management of a community forest demonstration area, including implementing actions, not to be federal action and subject to federal laws only to the extent that they apply to the state administration and management of forest lands in which the community forest demonstration area is located.
United States · United States Congress · 7 June 2012
Amends the Internal Revenue Code to repeal provisions providing for the use of funds from the Presidential Election Campaign Fund for presidential nominating conventions. Requires that any amount which is returned by the national committee of a major or minor party to the Treasury from an account established under the Fund to make payments for conventions to be used solely for deficit reduction.
United States · United States Congress · 5 June 2012
Constitutional Amendment - States that the liberty of parents to direct the upbringing, education, and care of their children is a fundamental right. States that neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest, as applied to the person, is of the highest order and not otherwise served. Prohibits this article from being construed to apply to a parental action or decision that would end life. Declares that no treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this amendment.
United States · United States Congress · 31 May 2012
Sequestration Transparency Act of 2012 - Requires the President on July 9, 2012, to submit to Congress a detailed report on the implementation of certain discretionary reductions (in security and nonsecurity categories) and nonexempt direct spending reductions in the sequestration ordered by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) for FY2013 on January 2, 2013. (The Gramm-Rudman-Hollings Act was amended by the Budget Control Act of 2011 to revise the discretionary spending limits and reduce the discretionary appropriations and direct spending specified in the Gramm-Rudman-Hollings Act unless a joint committee bill achieving an amount greater than $1.2 trillion in deficit reduction would be enacted by January 15, 2012.)
United States · United States Congress · 16 May 2012
Emergency Water Supply Restoration Act - Allows state agencies and political subdivisions, when a state of emergency declared by the governor of a state authorizes access to, reconstruction of, repairs to, or restoration of water sources, supplies, or infrastructure in a wilderness area to take all reasonable and necessary means to access, reconstruct, repair, or restore such sources, supplies, or infrastructure. Prohibits federal agencies from interfering or otherwise impeding such access, reconstruction, repairs, or restoration during a declared state of emergency.
United States · United States Congress · 15 May 2012
Catastrophic Wildfire Prevention Act of 2012 - Authorizes the Secretary of Agriculture (USDA), with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, (the Secretaries) to implement authorized wildfire prevention projects in at-risk forests and threatened and endangered species in a manner that focuses on surface, ladder, and canopy fuels reduction activities. Requires projects carried out on threatened and endangered species habitat to: (1) provide enhanced protection from wildfire, including catastrophic wildfire, for the endangered species, threatened species, or their habitat; and (2) comply with applicable recovery plan guidelines. Requires projects carried out in at-risk forests to move the federal land from condition class II or III toward condition class I. Permits use in a project of: (1) domestic livestock grazing to reduce surface fuel loads and to recover burned areas; and (2) timber harvesting and thinning to reduce ladder and canopy fuel loads for the prevention of wildfire, including catastrophic wildfires. Directs the Secretaries to review public petitions for, and make determinations with respect to, the designation of federal lands as at-risk forests or as threatened and endangered species habitats. Requires notice in the Federal Register of proposed projects and final designated projects and permits public comment on projects as specified. Instructs the Secretaries to prepare an environmental assessment for projects that include timber harvesting or grazing. Instructs the Secretaries to research what impact any listing of a species under the Endangered Species Act of 1973 would have on both forage and timber forest fuel loads. Requires endangered species recovery plans and critical habitat determinations to include a wildfire risk assessment analysis.
United States · United States Congress · 7 May 2012
Commonsense Legislative Exceptional Events Reforms Act of 2012 - Amends the Clean Air Act to revise provisions concerning state petitions to exclude air quality monitoring data influenced by exceptional events from determinations of exceedences or violations of the national ambient air quality standards by requiring criteria used in determining if there has been a demonstration of an exceptional event to be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving such demonstration. Requires: (1) the Administrator to develop such criteria in conjunction with input from states, and (2) such criteria to reflect the technical expertise and resources available in state and local agencies and the availability of meteorological and other monitoring data in rural areas. Authorizes such criteria to vary with respect to different regions. Requires the Administrator, in developing such criteria, to consider using an expedited or streamlined approval process and conditions under which such demonstrations may be suitable for such process. Requires the Administrator: (1) to approve or disapprove an exceptional event demonstration within 90 days of such demonstration; or (2) if the Administrator requests additional information from a state regarding such demonstration, to approve or disapprove such demonstration within 90 days of submission of such information. Considers such demonstrations to be approved if the Administrator does not take action within such time frames. Requires: (1) such approval or disapproval to be based on a preponderance of the evidence, and (2) the Administrator to accord substantial deference to state findings on such demonstration. Authorizes the Administrator to develop and use analyses and consider evidence not provided by such demonstration. Considers such approval or disapproval to be final action subject to judicial review. Requires the Administrator to revise regulations concerning air quality monitoring data influenced by exceptional events to meet the requirements of this Act within 180 days of this Act's enactment.
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 · 26 April 2012
Sequoia and Kings Canyon National Parks Backcountry Access Act - Directs the Secretary of the Interior to issue packer permits (commercial use authorizations granted to commercial stock operators) at the levels of commercial services authorized in 2011 until the Secretary: (1) makes an extent necessary determination that addresses the violations of the Wilderness Act found in the January 24, 2012, ruling by the United States District Court for the Northern District of California in High Sierra Hikers Association v. United States Department of the Interior, et al., Case No. C09-4621 RS ; and (2) begins issuing packer permits for operations in designated wilderness within the Sequoia and Kings Canyon National Parks in California in accordance with such determination. Defines "extent necessary determination" as a determination made on the need for commercial services within Sequoia and Kings Canyon National Park wilderness, as specified under the Wilderness Act.
United States · United States Congress · 19 April 2012
National Strategic and Critical Minerals Production Act of 2012 - Deems a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects," dated March 22, 2012. Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement. Prescribes: (1) the Federal Register notice process for mineral exploration and mining projects, and (2) requirements for judicial review of agency actions relating to exploration and mine permits.
United States · United States Congress · 18 April 2012
Designates the facility of the United States Postal Service located at 19 East Merced Street in Fowler, California, as the "Cecil E. Bolt Post Office."
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 · 18 April 2012
Budget for Disasters Act of 2012 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to eliminate mandatory adjustments to discretionary disaster appropriations for FY2012-FY2021.
United States · United States Congress · 29 March 2012
Energy Exploration and Production to Achieve National Demand Act or EXPAND Act - Title I: Development of Federal Energy Resources - Amends the Gulf of Mexico Energy Security Act of 2006 to repeal the moratorium upon oil and gas leasing (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 (OCSLA) regarding the Outer Continental Shelf (OCS) leasing program to direct Secretary of Defense (DOD) to review OCS areas that have been designated as restricted from exploration and operation to determine whether they should remain under restriction. Instructs the Secretary of the Interior (Secretary in this title) to offer for leasing: (1) the Destin Dome and Pensacola areas, even though they were omitted from a certain 5-year leasing program, (2) any other areas in the Eastern Gulf of Mexico Planning Area that are made available for leasing under this Act, and (3) include the aforementioned areas in any 5-year leasing program approved after the date of enactment of this Act. Extends, by 24 months, certain deepwater oil and gas leases in the Gulf of Mexico OCS region that were not producing as of April 30, 2010. Directs the Secretary to: (1) reinstate certain expired leases, and (2) conduct expanded OCS lease sales. Sets forth an allocation scheme for coastal states to receive funds from OCS leases that are inversely proportional to the respective distances between the point on the coastline of the adjacent state that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. Directs the Secretary, acting through the Director of the Bureau of Land Management (BLM), to establish and implement a competitive oil and gas leasing program for exploration, development, and production of the oil and gas resources of the Arctic Coastal Plain. Authorizes the Secretary to: (1) designate special areas on such Coastal Plain to preserve fish, wildlife, and subsistence resource values, and (2) exclude leasing or surface occupancy from such areas. Authorizes, however, leasing all or a portion of a Special Area under terms permitting horizontal drilling technology from sites on leases located outside the Special Area. Prescribes: (1) lease sales procedures, (2) lease terms and conditions, and (3) Coastal Plain environmental protection. Sets forth requirements for: (1) distribution of federal and state revenues emanating from bonus, rental, and royalty revenues from oil and gas leasing and operations, (2) semiannual payments to the state of Alaska, (3) rights-of-way and easements across the Coastal Plain for oil and gas transportation, (4) conveyance of surface and subsurface estates to specified Corporations, and (5) local government aid and community service assistance. Establishes in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund. Expresses the sense of Congress regarding establishment of regional offices and regional permit coordinators to coordinate review of federal permits for oil and gas projects on federal lands onshore and on the OCS, including the appointment of a Regional Permit Coordinator. Prescribes federal agency schedules for permit decisionmaking. Designates the Federal Energy Regulatory Commission (FERC) to act as lead agency for any agency action regarding a Priority Energy Project pursuant to this Act. Amends federal law governing congressional review of agency rulemaking to add: (1) congressional approval procedures for major rules, and (2) congressional disapproval procedures for nonmajor rules. Requires the Secretary invite the governor of any state in which either an oil and gas operation may require a federal permit, or whose coastline is in immediate geographic proximity to OCS oil and gas operations, to be a signatory to a specified memorandum in order to fulfill any state responsibilities regarding federal oil and gas permitting decisions. Authorizes a federal agency with jurisdiction over a Priority Energy Project to delegate to the state in which the Project is located the agency's statutory responsibilities regarding the Project. Removes from further administrative review within the federal agency responsible for decisionmaking any oil and gas permitting decision for federal lands onshore or on the OCS. Subjects to congressional approval implemention, administration, or enforcment by the BLM of Secretarial Order No. 3310. Prescribes wilderness designation procedures subject to congressional approval. Subjects to congressional approval any future executive branch action that withdraws more than 100 acres in the aggregate of public lands within the United States. Grants FERC, in lieu of the Department of the Interior, exclusive jurisdiction and authority to implement and administer the leasing program for research and development of oil shale and tar sands and all other programs and requirements contained in the Energy Policy Act of 2005. Instructs the Secretary to take actions to ensure that by January 1, 2018, at least 10% of the federal OCS lands and at least 10% of onshore federal lands and interests in lands that are under the Secretary's jurisdiction, are being leased for the production of energy. Confers upon the U.S. District Court for the District of Columbia exclusive jurisdiction over any final agency decision concerning covered oil and natural gas activity. Requires the Secretary to complete and finalize the Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States to analyze the potential impacts of developing solar energy on land administered by the Secretary. Directs the Secretary of Agriculture to publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement to analyze the potential impacts of a program to develop solar and wind energy on National Forest System land. Directs the Secretary of Defense to identify locations on land withdrawn from the public domain and reserved for military purposes that exhibit a high potential for solar, wind, geothermal, or other energy resources production. Instructs the Secretary to establish a wind and solar leasing pilot program on covered land. Instructs the Secretary and the Secretary of Agriculture to: (1) make a joint determination on whether to establish a leasing program for wind or solar energy, or both, on land within their respective jurisdictions; and (2) establish a leasing program unless they determine that it is not in the public interest, and does not provide an effective means of developing wind or solar energy. Prescribes a revenue disposition format for such leasing program. Requires the Secretary to consult and work with the Secretary of Defense regarding military operations in OCS waters, including resolution of conflicts that might arise between such operations and leasing under this Act. Deems existing leases issued under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007-2012, including any lease issued pursuant to Lease Sale 193 or 213, to be in full compliance with the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007-2012. Authorizes holders of certain previously approved permits to drill (or to sidetrack) to conduct all operations authorized under such permits: (1) without further review by the Bureau of Ocean Energy Management, Regulation and Enforcement and the Bureau of Safety and Environmental Enforcement, and (2) without further review or delay under specified federal environmental protection law. Requires the Secretary to act on oil and natural gas drilling permits within 30 days after an application's submission. Title II: Continental Pipeline Approval - Approves a certain permit for the Keystone XL Pipeline. Deems approved a specified route within the state of Nebraska submitted by the governor of Nebraska if the President does not approve such route within 10 days after its date of submission. Title III: Radiological Material Repository - Requires the federal government to site and permit at least one radiological material geologic repository for the disposal of radiological material. Retains the repository site at Yucca Mountain as the site for the nation's radiological material repository following full statutory review of the Department of Energy's (DOE's) license application to construct the Yucca Mountain repository. Directs the Nuclear Regulatory Commission (NRC) to continue to review DOE's pending license application to construct the repository at Yucca Mountain until a determination is made on its merits. Instructs the NRC to approve such application within 180 days after enactment of this Act. Removes statutory limitations on the amount of radiological material that can be placed in Yucca Mountain. Requires the NRC to replace such limitations with new limits based on scientific and technical analysis of the full capacity of Yucca Mountain for the storage of radiological material. Title IV: Relief from Regulations and Prohibitions that Cause Artificial Price Increases - Amends the Endangered Species Act of 1973 to: (1) require a decision to include a species on the list of threatened and endangered species to be based on the best scientific and economic (currently, commercial) data available at the time, including analysis of the costs and benefits of the matter under consideration; and (2) declare that nothing in such Act shall be construed to authorize the regulation of greenhouse gas emissions. Amends the Clean Air Act to exclude from the definition of "air pollutant" carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride (greenhouse gases). Declares that nothing in the Clean Air Act, the Federal Water Pollution Control Act (commonly known as the Clean Water Act), the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, or the Solid Waste Disposal Act shall be treated as authorizing or requiring the regulation of climate change or global warming. Provides that such provisions shall not prohibit: (1) implementation and enforcement of the rule entitled "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule entitled "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) statutorily authorized federal research, development, and demonstration programs and voluntary programs addressing climate change; (3) implementation and enforcement of stratospheric ozone protection provisions of the Clean Air Act to the extent that such implementation or enforcement only involves class I or II substances; or (4) implementation and enforcement of requirements of the Clean Air Act Amendments of 1990 for monitoring and reporting of carbon dioxide emissions. Amends the Energy Independence and Security Act of 2007 to repeal provisions prohibiting any federal agency from entering into a contract for procurement of an alternative or synthetic fuel for any mobility-related use, other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel must be less than or equal to such emissions from the equivalent conventional fuel. Amends the Clean Air Act to repeal the renewable fuel program. Title V: Refinery Reform - Requires the Administrator of the Environmental Protection Agency (EPA) to enter into a refinery permitting agreement upon the request of a state or Indian tribe to streamline the process for obtaining all permits licenses, approvals, variances, or other forms of authorization that a refiner is required to obtain for the construction and operation of a facility that refines crude oil into transportation fuel or other petroleum products or a facility that processes coal into synthetic crude oil or any other fuel. Requires the Administrator to: (1) conduct a research and demonstration program to evaluate the air quality benefits of Fischer-Tropsch transportation fuel, (2) evaluate the use of such fuel as a mechanism for reducing engine exhaust emissions, and (3) recommend the most effective use and associated benefits of such fuels for reducing public exposure to exhaust emissions. Requires such program to consider: (1) the use of neat (100%) Fischer-Tropsch fuel and blends with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector, and (2) the production costs associated with domestic production of fuel and prices for consumers. Prohibits applications for permits for existing refineries from being considered to be timely if submitted after 120 days after this Act's enactment. Title VI: Repeal of Energy Tax Subsidies - Amends the Internal Revenue Code to repeal: (1) the credit for alcohol fuel, biodiesel, and alternative fuel mixtures; (2) the credit for certain plug-in electric vehicles; (3) the credit for qualified fuel cell motor vehicles; (4) the alternative fuel vehicle refueling property credit; (5) the credit for alcohol used as fuel; (6) the credit for biodiesel and renewable diesel used as fuel; (7) the enhanced oil recovery credit; (8) the credit for electricity produced from certain renewable resources; (9) the credit for producing oil and gas from marginal wells; (10) the credit for production from advanced nuclear power facilities; (11) the credit for carbon dioxide sequestration; (12) the energy credit; (13) the qualifying advanced coal project; and (14) the qualifying gasification project credit. Amends the American Recovery and Reinvestment Tax Act of 2009, Division B of the American Recovery and Reinvestment Act of 2009, to repeal the energy grant program under which the Secretary of the Treasury is required to make grants to persons who place in service in 2009 and 2010 certain energy property that is eligible for: (1) the tax credit for producing electricity from renewable resources (e.g., wind, biomass, or solar energy facilities), or (2) the energy tax credit (e.g., fuel cell, geothermal, or microturbine property). Title VII: Regulatory Relief - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste. Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, and (2) impose the least burdensome regulatory alternative for each regulation promulgated. Amends the Internal Revenue Code to allow a taxpayer to elect to expense the cost of property used in the production of energy in the taxable year in which such property is placed in service. Amends the Solid Waste Disposal Act to authorize states to implement coal combustion residuals permit programs. Requires each state governor to notify the Administrator within six months about whether such state will implement such a program. Requires states that decide to implement such a program to: (1) submit to the Administrator within 36 months a certification that such program meets the specifications of this Act, and (2) maintain either an approved municipal solid waste program for the control of hazardous disposal or an authorized state hazardous waste program. Establishes minimum requirements for coal combustion residuals permit programs. Requires: (1) the revised criteria established by this Act to apply to such programs; (2) landfills, surface impoundments, or other land-based units that may receive coal combustion residuals (structures) to be designed, constructed, and maintained to provide for containment of the maximum volumes of coal combustion residuals appropriate for the structure; (3) such programs to apply such revised criteria to surface impoundments; and (4) new structures that first receive coal combustion residuals after this Act's enactment to be constructed with a base located a minimum of two feet above the upper limit of the natural water table. Authorizes: (1) state agency heads to require action to correct structural integrity deficiencies according to a schedule for structures that are classified as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency (FEMA) entitled "Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams," (2) state agency heads to require that such a structure close if such deficiency is not corrected according to such schedule, (3) states to inspect structures and implement and enforce such permit program, and (4) states to address wind dispersal of dust from coal combustion residuals by requiring dust control measures. Sets forth revised criteria for such programs with respect to: (1) design, groundwater monitoring, corrective action, and closure and post-closure for structures; (2) location restrictions for new structures in floodplains, wetlands, fault areas, seismic impact zones, and unstable areas; (3) air quality, financial assurance, surface water, and record keeping; (4) run-on and run-off control systems for landfills and other land-based units, other than surface impoundments that receive coal combustion residuals; and (5) run-off control systems for surface impoundments. Authorizes states to determine that such criteria is not needed for the management of their coal combustion residuals permit program. Authorizes the Administrator to treat such state determination as a deficiency if it does not accurately reflect the needs for the management of coal combustion residuals in the state. Requires the time period and method for a structure's closure to be set forth in a schedule in a closure plan that takes into account the site-specific characteristics of such structure. Directs the closure plan for a surface impoundment to require the removal of liquid and the stabilization of remaining waste as necessary to support the final cover. Prohibits the Administrator from applying such programs to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. Prohibits this Act from being construed to alter the EPA's regulatory determination, entitled "Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels," that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under such Act. Title VIII: Attainment of National Ambient Air Quality Standards - Amends the Clean Air Act to require any designation or redesignation of an area within a state or an interstate area as a nonattainment area for the national primary or secondary ambient air quality standard for a pollutant to be based on monitoring data and not on modeling data. Requires the Administrator to set forth the air quality modeling methodologies required to be used in state implementation plans for purposes of predicting the effect on ambient air quality of emissions of air pollutants for which the Administrator has established national ambient air quality standards. Authorizes a downwind area that is not in attainment with the national ambient air quality standard for ozone within 18 months of the attainment deadline to petition the Administrator for an extension of the time to come into attainment. Authorizes the Administrator, in lieu of reclassifying an area as nonattainment for ozone, to extend such date if the Administrator: (1) determines that the area is a downwind area with respect to such standard, (2) approves a plan revision for such area prior to a reclassification, (3) determines that the petitioning downwind area has demonstrated that it is affected by transport from an upwind area to a degree that affects the area's ability to attain such standard, and (4) provides measures to ensure that no area downwind of the area receiving the extended attainment date will be affected by transport to a degree that affects the other area's ability to attain such standard. Provides for the withdrawal of a reclassification determination. Requires such extended attainment date to provide for attainment of such ozone standard in the downwind area as expeditiously as practicable but no later than the new date that the area would have been subject to had it been reclassified. Title IX: Sub-basin Reporting of Greenhouse Gas Emissions - Requires the Administrator, in requiring any owner or operator of any facility in the petroleum and natural gas system source category to report greenhouse gas emissions from facilities in such category, to allow such owner or operator to: (1) designate sub-basins consisting of similar fields within a larger basin, and (2) report such emissions from such sub-basins instead of reporting such emissions from the larger basin. Title X: Implementation of National Ocean Policy - Prohibits federal departments and agencies from performing activities to implement Executive Order 13547, entitled "Stewardship of the Ocean, Our Coasts, and the Great Lakes." Title XI: Other Provisions - Requires: (1) the administrative record compiled by an agency regarding an application for a permit, authorization, or other agency action involving a Priority Energy Project to be the sole and exclusive record for any appeal or review of such action, and (2) such record to be closed upon final agency action and prohibits such record from being subject to any further evidentiary proceedings or requirements unless requested by the applicant. Requires an agency to: (1) prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), for each proposed significant energy action; and (2) publish such Statement, or a summary of it, in each related notice of proposed rulemaking and in any resulting final rule. Requires the approval to construct or operate a Priority Energy Project pursuant to any federal permit to remain valid and authorized for the later of: (1) 18 months following the date on which the last permit needed by such Project to commence construction or operation is final and no longer subject to judicial review, (2) three years, or (3) five years in the case of a nationwide permit issued by the Army Corps of Engineers for activities that impact the aquatic environment. Amends the Migratory Bird Treaty Act to reduce the cap on the maximumpenalty for violations of such Act from $15,000 to $1,000.
United States · United States Congress · 29 March 2012
Constitutional Amendment - States that the liberty of parents to direct the education of their children is a fundamental right. States that neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served. Declares that no treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this amendment.
United States · United States Congress · 29 March 2012
Recognizes Israel's independence as a significant event in providing refuge and a national homeland for the Jewish people and congratulates Israel's people as they celebrate the 64th anniversary of Israel's independence. Commends the bipartisan commitment of all U.S. administrations and congresses since 1948 to stand by Israel and work for its security and well-being. Supports Israel's right to confront and eliminate nuclear threats posed by Iran, including the use of military force if no other peaceful solution can be found within a reasonable time. Congratulates the United States and Israel for the strengthening of bilateral relations in the fields of defense, diplomacy, and homeland security.
![Official portrait of Rep. McClintock, Tom [R-CA-5]](https://www.congress.gov/img/member/m001177_200.jpg)