H.R. 3578 would remove the automatic annual inflation adjustment from CBO’s discretionary baseline spending projections, thereby removing the baseline assumption that discretionary spending will increase each year. The bill would require CBO to project future discretionary spending “at the level provided for the budget year in full-year appropriations acts,” requiring CBO to use “zero baseline” budgeting for discretionary spending projections.

H.R. 3578 would also require the CBO Director to prepare a new annual report containing budgetary projections that assume the extension of current tax policy. This report would be required in addition to the current-law baseline projections. “Current tax policy” would mean assuming the extension of the Economic Growth and Tax Relief Reconciliation Act of 2001, the Jobs and Growth Tax Relief Reconciliation Act of 2003, the alternative minimum tax as in effect for taxable years beginning in 2011, and the estate and gift taxes. In addition, the bill would require the Director of the CBO to submit the agency’s Long-Term Budget Outlook on or before July 1 of each year and that the outlook cover at least the ensuing 40 fiscal years.

The Conference Report would reauthorize the Federal Aviation Administration (FAA) operations and programs for four years, from FY 2012 through FY 2015. The legislation would provide a total authorization of $63.4 billion over the four year period, including $50 billion in discretionary authorizations and $13.4 billion in contract authority through the Airport Improvement Programs (AIP). The bill would extend the authority to expend funds from the Airport and Airway Trust Fund through FY 2015. The bill would also extend current taxes on aviation fuel, domestic and international ticket taxes, and taxes on cargo shipped by air through FY 2015. In addition, the bill would reform National Mediation Board (NMB) rules to require public hearings before any significant NMB ruling takes effect and by increasing the proportion of eligible members needed to petition for new union elections from 35 percent to 50 percent.

Authorizations

The Conference Report would authorize appropriations for a number of FAA operations as follows:

• The bill would authorize $38.4 billion in appropriations for FAA operations, primarily for salaries and expenses related to operating the air traffic control system.  The bill would authorize $9.65 billion for FY 2012, $9.53 billion in FY 2013, $9.59 billion in FY 2014, and $9.65 billion in FY 2015. The House bill provided a total of $36.9 billion over four years, while the Senate bill provided $19 billion over two years.

• The bill would authorize $13.4 billion in contract authority from the aviation trust fund for Airport Improvement Programs (AIP). The bill would authorize $3.35 billion each fiscal year from 2011 through 2015 for AIP programs. The AIP provides federal grants to airports for airport development and planning. The funds obligated for the AIP are drawn from the Airport and Airway Trust Fund, which is supported by a variety of user fees and fuel taxes that are authorized within this legislation.

• The bill would authorize $10.9 billion for Air Navigation Facilities and Equipment through FY 2015. The bill would authorize $2.7 billion for FY 2012 through FY 2015. The account provides funds for the procurement of equipment and for the construction of facilities.

• The bill would authorize $168 million for airport programs administrative expenses annually between FY 2012 and FY 2015 for FAA research, engineering and development. In total, the bill would authorize $672 million for the programs.

• The bill would authorize $54.7 million for the Essential Air Service (EAS) program for a period beginning on October 1, 2011, and ending on February 17, 2012.  The bill would authorize $143 million for the program in FY 2012, $118 million for FY 2013, $107 million for FY 2014, and $93 million in FY 2015. The EAS program gives subsidies to air carriers that provide air service to certain rural areas.  In August 2012, Congress enacted reforms (P.L. 112-27) to restrict EAS funding to airports located more than 90 miles from the nearest medium or large hub airport and prohibit subsidies for areas with an average subsidy per passenger of more than $1,000 during the most recent fiscal year.

Taxes

The Conference Report would extend certain aviation-related taxes that are used to finance the Airport and Airway Trust Fund, including ticket taxes. Specifically, the bill would extend the domestic passenger ticket tax at its current level of 7.5 percent of ticket price, the domestic flight segment tax which is adjusted annually for inflation and is currently at a level of approximately $3.70 per passenger, and the domestic cargo tax at 6.25 percent of the cost of transporting property.  In addition, the bill would retain the 4.3 cent-per-gallon tax on commercial aviation fuel.  The measure would also extend the existing tax rate for aviation-grade kerosene used for non-commercial aviation purposes at a rate of 21.8 cents-per-gallon and the non-commerical aviation gasoline tax would remain at the current 19.3 cents-per-gallon.

National Mediation Board Union Election Rules

The Conference Report would reform National Mediation Board (NMB) rules regarding unionization by requiring public hearings before any significant NMB ruling takes effect and by increasing the proportion of eligible members needed to petition for new union elections from 35 percent to 50 percent. Many unions have expressed opposition to the changes in the Conference Report and argue that they create new roadblocks for employees to form unions.

Airport and Airway Trust Fund Financing

The Conference Report would extend the FAA's authority to spend money from the Airport and Airway Trust Fund (AATF), charge taxes, and their appropriated spending levels for four years, through FY 2015.  Under current short-term extensions, these authorities would expire on February 17, 2012.

Airport and Airway Trust Fund Guarantee

The Conference Report would amend the current Airport and Airway Trust Fund Guarantee which requires the total budget resources available from the trust fund be equal to the level of estimated receipts, plus interest.  Under the bill, funding for the trust fund would be guaranteed at 90 percent of the estimated level of receipts plus interest from FY 2012 through FY 2015.

Passenger Facility Charges 

The Conference Report would retain the current $4.50 maximum Passenger Facility Charges, which are collected by airlines and given directly to airports. FAA reauthorization bills passed in the House in the 111^th Congress would have raised fees from $4.50 to $7, an increase of 56 percent.

In addition, the Conference Report would require the Comptroller General of the Government Accountability Office (GAO) to conduct a study of alternative means of collecting passenger facility charges without including the fees in the ticket price.

Overflight Fees

The Conference Report would authorize the FAA to increase fees for certain navigational services provided for flights that neither take off nor land in the United States, known as overflight fees. Such fees are generally paid by foreign air carriers and are recorded as revenues. The Conference Report would require the FAA to guarantee that the overflight fees are reasonably related to the costs for providing air traffic services and to adjust the fees accordingly.

Airport Improvement Program Modifications

The Conference Report would make a number of changes to the AIP, which provides grants to airports that are included in the National Plan of Integrated Airport Systems. Under current law, the federal government's share for an AIP project is 75 percent for large-hub or medium-hub airports, and 90 percent for most other airports, including those funded through state block grants.  The bill would cap the amount of discretionary AIP funds that could support terminal development projects at non-hub or small-hub primary airports at $20 million. H.R. 658 would amend the current-law definition of “airport development” to include the acquisition of firefighting equipment that service aircraft designed for more than nine passenger seats, but fewer than 31 seats—rather than more than 20 seats as required under current law.  In addition, the bill would extend the Contract Tower Program to low activity air traffic control towers.  Under the program, the FAA funds the cost of operating air traffic control towers.  Any excess funding provided under the program could be used to carry out the Contract Tower Cost-Sharing Program.

Next Generation Air Transportation System

The Conference Report would streamline the funding processes for Next Generation (NextGen) air traffic control modernization projects planned in the next four years by prioritizing amounts allocated to the NextGen projects.  The bill would require the FAA Adminstrator to appoint a “Chief NextGen Officer” to implement NextGen activities and budgets across all FAA program offices. The Conference Report would also establish the Director of the Joint Planning and Development Office (JPDO) as the Associate Administrator for the NextGen Air Transportation System to oversee the NextGen program and implementation. The bill would also establish the NextGen senior policy committee to meet at least twice each year and requires the Transportation Department to submit a detailed annual report on the progress of NextGen.

Safety

The Conference Report contains the following new provisions and regulations meant to address safety concerns, including:

Inspection of Foreign Repair Stations: The Conference Report would require the FAA Administrator to establish a system to verify that each certified foreign repair station has been subject to an annual safety assessment.

Runway Safety: The Conference Report would require the FAA Administrator to develop a strategic runway safety plan, with an emphasis on preventing runway incursions and submit to Congress within six months of enactment.

Pilot Licenses: The Conference Report would require the FAA to issue “improved pilot licenses” which are resistant to tampering and include a photograph, incorporate biometric identifiers.

Flight Attendants: The Conference Report would require that flight attendants be able to read, speak and write English well enough to read and comprehend material and to provide direction to, and understand and answer questions from, English-speaking individuals.

Cockpit Smoke: The Conference Report would require the GAO to conduct a study on the effectiveness of oversight activities of the Federal Aviation Administration relating to the use of new technologies to prevent or mitigate the effects of dense, continuous smoke in the cockpit of a commercial aircraft.

Air Service Improvements

Smoking Prohibition: The Conference Report would continue a ban smoking on any passenger interstate air transportation or foreign air transportation or in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft.

Cell Phones: The Conference Report would require the FAA to conduct a study of on the impact of the use of cell phones for vocal communication during a flight. FAA reauthorization bills from the 111^th Congress had banned the use of mobile voice communications during a flight.

Aviation Insurance

The Conference Report would reauthorize the FAA aviation insurance program, which is intended to provide insurance to domestic airlines that cannot be provided through the commercial insurance market.   The bill would extend the provision through December 31, 2013. 

H.R. 3582 would require the Congressional Budget Office (CBO) to prepare a supplemental estimate of the macroeconomic impact of any major bills reported by a House or Senate committee. Under H.R. 3582, a “major bill” would be defined as legislation with any one-year estimated budgetary effect of more than one-fourth of a percent (0.25%) of the U.S. Gross Domestic Product (GDP) in that year. (For example, according to the Bureau of Economic Analysis, U.S. GDP in 2011 was $15.087 trillion. Therefore, any legislation—excluding appropriations—that CBO estimated to have a budgetary impact of $37.7 billion or more would require a macroeconomic impact analysis.)  Once it is established that legislation is “major,” CBO would be required to conduct its macroeconomic impact analysis relative to a current policy baseline which assumes that current tax policies are continued into the indefinite future, much like CBO's alternative fiscal scenario baseline.

Under the bill, the macroeconomic impact analysis would have to include the effect of the legislation on real GDP, business investment, the capital stock, employment, and labor supply. The analysis would also have to describe the potential fiscal effects of the bill on any estimates of revenue increases or decreases resulting from changes in GDP. H.R. 3582 would require the impact assessment to cover the ten fiscal-year period beginning with the first fiscal year for which a CBO cost estimate was prepared, as well as the next three ten-year periods, for a total period of four decades.

H.R. 3582 would also require the CBO Director to prepare a new annual report containing budgetary projections that assume the extension of current tax policy. This report would be required in addition to the current-law baseline projections.  “Current tax policy” would mean assuming the extension of the Economic Growth and Tax Relief Reconciliation Act of 2001, the Jobs and Growth Tax Relief Reconciliation Act of 2003, the alternative minimum tax as in effect for taxable years beginning in 2011, and the estate and gift taxes. The bill would require the Director of the CBO to submit the agency's Long-Term Budget Outlook on or before July 1 of each year and that the outlook cover at least the ensuing 40 fiscal years.

H.R. 3578 would remove the automatic annual inflation adjustment from CBO’s discretionary baseline spending projections, thereby removing the baseline assumption that discretionary spending will increase each year. The bill would require CBO to project future discretionary spending “at the level provided for the budget year in full-year appropriations acts,” requiring CBO to use “zero baseline” budgeting for discretionary spending projections.

H.R. 3578 would also require the CBO Director to prepare a new annual report containing budgetary projections that assume the extension of current tax policy. This report would be required in addition to the current-law baseline projections. “Current tax policy” would mean assuming the extension of the Economic Growth and Tax Relief Reconciliation Act of 2001, the Jobs and Growth Tax Relief Reconciliation Act of 2003, the alternative minimum tax as in effect for taxable years beginning in 2011, and the estate and gift taxes. In addition, the bill would require the Director of the CBO to submit the agency’s Long-Term Budget Outlook on or before July 1 of each year and that the outlook cover at least the ensuing 40 fiscal years.

H.R. 1173 as amended repeals title VIII of the Patient Protection and Affordable Care Act (PPACA) which established the Community Living Assistance Services and Supports (CLASS) Program—a national, voluntary long-term care insurance program for purchasing community living assistance services and supports.  Title VIII also authorized and appropriated funding through 2015 for the National Clearinghouse for Long-Term Care Information first established in the Deficit Reduction Act of 2005.  H.R. 1173 would replace those appropriated funds for the clearinghouse for 2013 through 2015 ($9 million) with funding subject to future appropriation actions.

H.Res. 496 would adjust the limits on the amount of funds authorized for each House of Representatives select and standing committee in the second session of the 112^th Congress. The resolution would adjust the amount provided for the expenses of each standing and select committee—including the expense of all staff salaries—for the period beginning at noon on January 3, 2012, and ending immediately before noon on January 3, 2013. The resolution would make an aggregate reduction to the total funding for House committees from the first session of the 112^th Congress. However, the resolution would not make reductions at a uniform rate. Some committees would face larger proportional reductions than others. The amounts for each committee in the second session of the 112^th Congress are below.

H.R. 3567 would require states receiving federal grants through the Temporary Assistance for Needy Families (TANF) program to maintain policies that prevent TANF assistance from being used in a transaction in any of the following places:

• Any liquor store;
• Any casino, gambling casino, or gaming establishment; or
• Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

The bill would define a “liquor store” as “any retail establishment which sells exclusively or primarily intoxicating liquor.” Further, the bill would stipulate that a “casino” does not include “a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities.”

To enforce the requirement established in this legislation, the bill would require that federal TANF assistance be reduced by 5 percent in any state that does not report its implementation of these policies within two years.  The reduction would be enforced in the fiscal year immediately succeeding the year in which two-year period ends and would continue each year until the state demonstrates that these policies have been implemented.

H.R. 3835 would amend the Consolidated Appropriations Act, 2011 to extend for an additional year, until December 31, 2013, a pay freeze for federal civilian employees, to include Members of Congress and legislative branch employees.

H.R. 3801 would amend the Tariff Act of 1930 (otherwise known as the Smoot–Hawley Tariff) to include ultralight aircraft under its aviation smuggling provisions and provide for additional criminal punishments for using an ultralight aircraft to transport illegal goods. Under current law, it is a crime for individuals to use aircraft to illegally transport drugs and the maximum penalty carries a $250,000 and a 20-year prison sentence.  This legislation would allow the same prosecution for persons smuggling drugs on ultralight aircraft.

H.Res. 516 would express the sense of the House of Representatives that the passage of a fiscal year 2013 Federal budget is of national importance.

H.R. 1022 would require the Secretary of the Interior to carry out a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Park Service (NPS). The study would be required to include:

• A historical assessment of the Buffalo Soldiers who served in National Parks in the years prior to the establishment of the National Park Service;
• An evaluation of the suitability and feasibility of establishing a national historic trail commemorating the route traveled by the Buffalo Soldiers;
• The identification of properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks;
• An evaluation of appropriate ways to enhance historical research, education, interpretation, and public awareness of the story of the Buffalo Soldiers' stewardship role in the National Parks; and
• Any other matters that the Secretary of the Interior deems appropriate for this study.

H.R. 1022 would require that the study be completed and the results transmitted to Congress within three years of funds being made available for the study. According to CBO, conducting the study would cost about $400,000 over the next three years.

H.R. 290 would authorize the inclusion of religious symbols as part of military monuments that are established or acquired by the U.S. government or military memorials established in cooperation with the American Battle Monuments Commission (ABMC).  The bill would specifically state that in order to recognize the religious background of members of the United States Armed Forces, religious symbols may be included as part of a memorial or monument commemorating the service of the United States Armed Forces.

H.R. 2070 would require the Secretary of the Interior to install a plaque or an inscription with the words that President Franklin D. Roosevelt prayed with the Nation on June 6, 1944, the morning of D-Day, in the area of the World War II Memorial. Under the bill, the Secretary would be required to design, procure, prepare, and install the plaque, however, the Secretary would be prohibited from using federal funds to prepare or install the plaque or inscription. The Secretary would be allowed to accept and expend private contributions for the purpose of carrying out this legislation.  Under the bill, the proposed addition to the memorial would be exempt from the requirements of the Commemorative Works Act (CWA).

H.R. 3800 would extend, through February 17, 2012, the authorities of the Federal Aviation Administration (FAA), which are currently set to expire on January 31, 2012.  The bill would extend the authority to expend funds from the Airport and Airway Trust Fund through February 17, 2012.  The bill would extend taxes on aviation fuel, domestic and international ticket taxes, and taxes on cargo shipped by air.  H.R. 3800 would extend current aviation taxes and fees, including the 7.5 percent passenger ticket tax, the 6.25 percent cargo tax, the 19.3 cents/gallon general aviation gasoline tax, and the 4.3 cents/gallon commercial jet fuel tax. Currently, authority to levy these taxes is set to expire on January 31, 2012.  

The bill would authorize the appropriation of $1.34 billion for the Airport Improvement Program (AIP) for the period beginning October 1, 2011, and ending February 17, 2012, or nearly the entire first five months of FY 2012. On an annualized basis, the bill would authorize approximately $3.53 billion in AIP contract authority for FY 2012. In addition, the bill would authorize $3.69 billion for FAA operations for the period beginning October 1, 2011, and ending February 17, 2012.

The legislation would also extend the modified funding formula for the Essential Air Services (EAS) which was contained in the last extension (H.R. 2887). The EAS program gives subsidies to air carriers that provide air service to certain rural communities. Specifically, the bill continues to require that a portion of the funding for EAS must be drawn from the Airport and Airway Trust Fund. The bill would authorize $54.7 million from the trust fund for the period beginning October 1, 2011, and ending February 17, 2012.  This would be an increase of $4.4 million from the level authorized from the period beginning October 1, 2011, and ending January 31, 2012.

H.R. 1141 would require the Secretary of the Interior to carry out a study of the feasibility of designating forest sites on the Island of Rota, Commonwealth of the Northern Mariana Islands, as a unit of the National Park System (NPS). The study would have to be competed and the results transmitted to Congress within three years of funds being made available for the study. According to CBO, carrying out the study required by H.R. 1141 would cost approximately $200,000 over the next three years.

H.R. 3117 would authorize the U.S. Fish and Wildlife Service (USFWS) to permanently allow states to provide federal migratory bird hunting and conservation stamps (referred to as federal duck stamps) electronically. The electronic stamps would remain valid for up to 45 days to allow for the physical stamps to arrive in the mail. A pilot program that authorized states to issue electronic stamps expired last year, although the USFWS has continued the program under other authorities.

Under H.R. 3117, state applications to participate in the electronic program would be required to describe the format of the duck stamp, the fees that will be charged, the process for accounting and providing funds to the Department of Interior (DOI), the transmission of customer data, the process for delivering a stamp and procedures for issuing duplicate stamps. The bill would authorize the DOI to terminate participation by a state if terms of the application are violated and notice is given 30 days prior to the termination.

H.R. 3117 would specify that electronic duck stamps must have the same format as other licenses issued by the state, and would require the relevant state agency to specify the identifying features of a license-holder so law enforcement can verify the holder's identity. The electronic stamp would bestow the same privileges as an actual duck stamp, would be recognized nationally, and would authorize hunting in other states.

The resolution would elect Paul D. Irving as the Sergeant-at-Arms of the House of Representatives.

H.Res. 501 would express the sense of the House that any final measure to extend the payroll tax holiday, extend federally funded unemployment insurance benefits, or prevent decreases in reimbursement for physicians who provide care to Medicare beneficiaries should also:

• Extend the payroll tax holiday through December 31, 2012;
  
  
• Extend and reform Federally funded unemployment insurance benefits;
  
  
• Eliminate for two years the dramatic cut in reimbursement for physicians who provide care to Medicare beneficiaries;
  
  
• Reduce spending from areas throughout the Federal Government in order to protect the Social Security Trust Fund, whose solvency would otherwise be diminished as result of the payroll tax holiday; and
  
  
• Provide immediate job creation through:
  
  
  • Final approval of the Keystone XL pipeline;
  • Expensing for capital assets placed in service in 2012; and
  • Redrafting of EPA’s onerous regulation of boilers.

The motion would affirm that the House disagrees to the Senate amendments to H.R. 3630 and requests a conference with the Senate on the bill.  H.R. 3630 was initially introduced by Rep. Dave Camp (R-MI) on December 9, 2011, and referred to the Committee on Ways and Means as well as 11 other House committees.  The House approved the bill by a roll call vote of 234–193 on December 13, 2011.  The bill was amended in the Senate and approved on December 17, 2011, by a vote of 89-10.  A Summary of the Senate Amendment to H.R. 3630 is available below.

The Senate Amendment to H.R. 3630 would provide a two-month extension of the current payroll tax rates and federally funded Unemployment Insurance (UI) benefits, as well as a two-month delay in the implementation of the Medicare Sustainable Growth Rate (the so-called “Doc Fix”). Unlike the House-approved version of H.R. 3630, the Senate Amendment would only extend these provisions of current law through February 29, 2012.  The bill would offset these provisions by increasing fees charged by government-sponsored enterprises (GSEs) to lenders for assuming the credit risk on loans in the secondary mortgage market.  In addition, the bill would require the President to make a determination on a permit for the Keystone XL pipeline within 60 days.

According to CBO, the two-month extension of provisions in the legislation would result in a deficit increase of $32.732 billion.  The increase in GSE fees used to offset the bill would increase revenue by $35.7 billion.  Thus, the bill would result in a deficit reduction of $2.968 billion over ten years.

Key Differences Between the House-Approved Version of H.R. 3630 and the Senate Amendment

Length of Payroll Tax Cut and Unemployment Insurance Extensions:

• The House-approved bill would extend the payroll tax cut and Unemployment Insurance (UI) for one year as President Obama called for.  In fact, just this weekend President Obama said, “it would be inexcusable for Congress not to further extend this middle-class tax cut for the rest of the year.”
• The Senate Amendment only extends payroll tax rates and UI for two months, through February 29, 2011, adding to the uncertainty already weighing on taxpayers and those struggling to find a job in the Obama economy. In addition, the non-partisan National Payroll Reporting Consortium (NPRC) as well as the National Association of Wholesaler-Distributors (NAW) have both stated that the two-month extension of the payroll tax cut is unworkable and both concur that “H.R. 3630 as written could create substantial problems, confusion and costs affecting a significant percentage of U.S. employers and employees.”

Length of “Doc Fix” Extension:

• The House-approved bill would avert a 27.4 percent cut to physician payment rates for two years.  The bill would also increase rates by 1 percent in each of the next two years.  The 2-year payment update is the longest that Congress has provided since 2004, which allows Congress and the medical community time to develop a permanent solution.
  
  
• The Senate Amendment would only extend the Doc Fix for two months, through February 29, 2012, adding to the uncertainty felt by doctors providing care to Medicare beneficiaries.
  
  

Unemployment Insurance Reforms:

• The House-approved bill would reform the UI program to help Americans get back to work through new programs that would encourage job training and require recipients to actively seek employment.  In addition, the House-approved bill would use a two-step process to gradually reduce the current maximum weeks of benefits from 99 to 59 weeks, a level that is in line with past recessions and economic downturns.
  
  
• The Senate Amendment would keep the current unemployment system without making any reforms to help unemployed Americans get back to work.

Expanding Job Creation: 

• The House-approved bill would extend for an additional year, through 2012, the 100 percent depreciation allowance that is currently in effect for 2011. Under legislation enacted in late 2010, qualifying property purchased (and generally placed into service) after September 8, 2010, and before January 1, 2012, is eligible for “expensing” (sometimes referred to as “100-percent bonus depreciation”), which allows a business to deduct the cost of the property immediately that year. Extending 100 percent expensing will encourage businesses to invest in additional real property and has been endorsed by President Obama.
  
  
• The Senate Amendment would not extend the 100 percent depreciation allowance.

Extensions

Extending the Payroll Tax Reduction:  The legislation would extend the current payroll tax rate reduction, which lowers the standard Social Security payroll tax rate by two percentage points for employees, for two months, expiring on February 29, 2012.  The bill would extend the current rate of 4.2 percent for employees, and 10.4 percent for the self-employed. The bill would make no changes to the payroll tax rate for employers (6.2 percent).  Prior to 2011, employees and employers each paid 6.2 percent of covered earnings (for a total of 12.4 percent) up to an annual income limit.  The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 reduced the FICA tax rate for employees by two percentage points for calendar year 2011.  The bill would require amounts to “be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.”  According to CBO, this provision would reduce revenue and thus increase the deficit by $20.4 billion.

Extending Unemployment Insurance Benefits:  The bill would extend federally funded benefits under the Emergency Unemployment Compensation (EUC) and the Extended Benefit (EB) programs for 2 months, though February 29, 2012. Under the Senate Amendment, UI would be available for up to 99 weeks in certain states with high unemployment.  The Senate Amendment would not include reforms to gradually reduce the current maximum amount of time total benefits could be distributed in states with high unemployment from 99 weeks to 59 weeks by mid-2012.  In addition, the Senate Amendment would not reform the UI benefit program to require that participants are actively working and training towards employment and to streamline the program.  According to CBO, this provision would increase spending and thus the deficit by $8.39 billion.

Medicare Physician Payment Rates: This provision would delay a 27.4 percent cut in Medicare physician payment rates slated to begin on January 1, 2012, for two months, through February 29, 2012. According to CBO, this provision would increase spending and thus the deficit by $4.1 billion.

Physician Work Geographic Adjustment: This provision would extend, through February 29, 2012, the current floor used in calculating the portion of Medicare physician payments that accounts for the geographic area where a physician practices.  This provision would increase physician payment rates in roughly 54 of the Medicare program’s 89 geographic areas.

Outpatient Therapy Caps: This provision would extend the therapy caps exceptions process through February 29, 2012, with modifications that will require that the physician reviewing the therapy plan of care be detailed on the claim, reject all claims above the spending cap that do not include the proper billing modifier, and provide for a manual review of all claims for high cost beneficiaries to ensure that only medically necessary services are being provided.  Furthermore, the spending caps ($1,880 in 2012), which have been in effect since 2006, would be extended to the hospital outpatient department setting to prevent a shift in the site of service to higher cost settings once enforcement of the current exceptions process begins.  Exempting these services in the HOPD setting made sense when the hard therapy cap was in place, but it no longer makes sense with the exceptions process.

Ambulance Add-On Payments:  This provision would extend through February 29, 2012, the following add-on payments:  2 percent for urban ground ambulance services, 3 percent for rural ground ambulance services, and an increase to the base rate for ambulance trips originating in qualified “super rural” areas as calculated by the Secretary (currently 22.6 percent).

Qualified Individual (QI) Program: This provision would extend the QI program, which provides federal reimbursement for states to cover Part B premiums for seniors with incomes between 120 and 135 percent of poverty, through February 29, 2012.  The provision would reduce the capped allotment states receive to administer the program from $1 billion in 2011 to $730 million in 2012, which is anticipated to still fully fund the program.

Extension of Transitional Medical Assistance (TMA):  This provision would provide for a one-year extension of TMA, through February 29, 2012, for low-income families transitioning into employment. In addition, this provision ensures that only those individuals with incomes below 185 percent of the federal poverty level (FPL) can qualify for TMA benefits.

TANF Extension:  The bill would extend the authorization of the Temporary Assistance for Needy Families (TANF) state block grant program at current level of $16.5 billion annually, through February 29, 2012.  The legislation does not include a prohibition against welfare funds from being accessed in strip clubs, liquor stores, and casinos by blocking welfare EBT cards from working in ATMs there.

Offset

GSE Guarantee Fees Offset:  The bill would increase guarantee fees charged by the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac to lenders for assuming the credit risk on the loans GSEs purchase in the secondary mortgage market.  In addition, the Senate Amendment would increase the guarantee fees charged by the Federal Housing Administration (FHA) as well, which the House bill did not. The bill would increase these fees by 10 basis points, or one-tenth of one percent, over 2011 levels.  These fees are in effect a premium to guarantee the repayment of principal and interest on those securities, insuring Mortgage Backed Securities (MBS) investors from the risk that the securities will default. The increase is to be phased-in over the next two years.  According to CBO, this provision would increase revenue and thus reduce the deficit by $35.7 billion. 

Other Provisions

Keystone XL Pipeline:  The bill would require the President to issue a permit for the Keystone XL pipeline unless he determines that the pipeline would not serve the national interest.  The permit would be required within 60 days of enactment of this Act. If the President makes such a finding he would be required to submit a report to Congress providing justification for such a determination. Any permit issued under this section would be required to comply with all applicable Federal and state laws and would require the reconsideration of routing within the State of Nebraska.

H.R. 1801 would require the Assistant Secretary of Homeland Security, acting through the Transportation Security Administration (TSA), to implement expedited screening processes at certain airports for uniformed members of the armed forces and accompanying family members. The bill would specify factors for the Assistant Secretary to consider in designing such processes and would require TSA to report to the Congress on their implementation.

H.R. 1059 would correct a misspelling set forth in the redaction portion of the Ethics in Government Act (“Marshals” instead of “Marshall”).  The Senate Amendment would extend the sunset provision—currently December 31, 2011—that applies to the redaction authority to the year 2017.  The House version struck the sunset provision entirely.

H.R. 515 would amend the Belarus Democracy Act of 2004 to authorize assistance to promote democracy and civil society in Belarus.  The legislation would affirm that the President should continue to support radio, television, and Internet broadcasting within the scope of increased support and funding for U.S. government and surrogate broadcasting into Belarus.  The legislation would also expand a reporting requirement to include certain information on weapons-related training and censorship or surveillance of the Internet

Additionally, the legislation would condemn the conduct of the recent presidential election and the crackdown on opposition candidates and activists.  The legislation would expand the conditions under which sanctions may be lifted, requiring the government of Belarus to release individuals who were jailed based on political beliefs or human rights violations in connection with the repression that attended the December 2010 election.

The legislation would also expand on existing sanctions, including the denial of entry visas to any member of the Belarusian security or law enforcement services who participated in the crackdown on opposition leaders, journalists, and peaceful protesters or in the persecution of religious groups or human rights defenders that occurred in connection with the December election.

H.R. 2056 would require the Inspector General of the Federal Deposit Insurance Corporation (FDIC) to study the impact of the failure of insured depository institutions.  Specifically, H.R. 2056 would require the study to detail:

1. The impact of loss-sharing agreements (LSAs) on the insured depository institutions that survive and the borrowers of insured depository institutions that fail;
2. The effect of FDIC policies and procedures regarding maturing LSAs;
3. The methods of ensuring the orderly end of expiring LSAs to prevent any adverse impact on borrowing, the real estate industry, and the Depositors Insurance Fund;
4. The significance of certain paper losses, with specified factors for consideration;
5. The success of FDIC field examiners in implementing specified FDIC guidelines regarding workouts and commercial real estate loans;
6. The application and impact of consent orders and cease and desist orders;
7. The application and impact of FDIC policies; and
8. The FDIC’s handling of potential investment from private equity companies in insured depository institutions. 

The bill would require the FDIC make available from the portion of the FDIC budget allocated to management expenses, sums allowing the FDIC Inspector General to complete this study. 

H.Res. 497 would direct the Architect of the Capitol to place an appropriate statue or bust of Sir Winston Churchill in the United States Capitol at a location directed by the House Fine Arts Board in consultation with the Speaker.

H.R. 1892 would authorize the intelligence activities of the United States government for Fiscal Year 2012.  This bill would fund the requirements of the men and women of the Intelligence Community (military and civilian), many of whom directly support the war zones or are engaged in other dangerous operations to keep Americans safe.    

The bill would provide budget authority and personnel manning levels for the conduct of intelligence activities in the amounts specified in section 102, the Classified Schedule of Authorizations. 

The bill would authorize $590.3 million in FY2012 for the Director of National Intelligence’s (DNI) Intelligence Community Management Account, as well as 794 full-time personnel for this account.  This is the principal source of funding for the Office of the Director of National Intelligence and provides resources for the coordination of programs, budget oversight, and management of the intelligence agencies.  Additionally, the bill would provide additional flexibility for the DNI in managing the civilian personnel of the Intelligence Community. 

The bill would also authorize appropriation of $514 million for the Central Intelligence Agency Retirements and Disability System for FY2012.

The Senate amendments to the bill are primarily minor and technical with the exception of the following provisions:

Section 310: Burial allowance. 

A House passed provision to increase the burial allowance for CIA employees killed in the line of duty from today’s $800 amount has been modified to apply to all intelligence community personnel and to mirror the amount available to DOD employees.    

Section 308:  Notification of transfer of a detainee held at Naval Station, Guantanamo Bay, Cuba. 

This provision requires the President to submit certain information to Congress 30 days prior to the transfer or release of a detainee.  It mirrors language previously passed in the 111th Congress and explicitly makes clear that it in no way affects certification provisions on detainee release or transfer contained in the defense authorization or appropriations bills for FY 2012.

Section 309: Enhanced procurement authority to manage supply chain risk. 

This provision authorizes the heads of elements of the Intelligence Community outside the Department of Defense to take certain procurement actions under certain circumstances to reduce the risk that an adversary may sabotage or otherwise subvert information systems.  The Senate provision makes technical modifications to the House provision to more closely align it with a similar provision in the FY2011 Defense Authorization while ensuring the procurement authorities referenced in the provision amend the appropriate law concerning Intelligence Community procurement.

The Senate Amendment to H.R. 2867 would impose term limits for appointees to United States Commission on International Religious Freedom Reform, limiting members to two full terms of two years each in length.

The amended bill would also subject Commission members to certain federal travel rules and Department of State travel regulations regarding government authorized travel.

Additionally, the bill would authorize Commission funding for fiscal years 2012 through 2014.

H.R. 2867 would specify that, for purposes of redress under various antidiscrimination laws (e.g., those dealing with employment discrimination, family and medical leave, veterans reemployment, Americans with Disabilities Act, etc.), Commission employees shall be treated the same as Congressional employees.

H.R. 2867 would include a “standards of conduct and disclosure” section that would insert in the underlying statute the $250,000 cap that has been in place since FY10 in place of the nine-year-old $100,000 cap on how much of its annual funding the Commission may use to contract for temporary services (such as GSA administrative support, and project-specific translation and subject-matter expertise); and would correct/update the House Committee name in the underlying statute (from “International Relations” to “Foreign Affairs”).

H.R. 2867 would require a one-time report by GAO on the following: (1) review the effectiveness of federal programs to promote international religious freedom; (2) assess the roles and functions of the Office on International Religious Freedom, the relationship to other offices in the Department of State, and the role of the Ambassador at Large; (3) analyze the Commission's structure as an independent nonpartisan entity in relation to other U.S. advisory commissions; and (4) review the relationship between the Ambassador at Large and the Commission.

Lastly, the bill would extend the Commission’s sunset date by three years, to 2014, thus requiring further legislative action and reauthorization after the issuance of the GAO report.

S. 278 would authorize the Secretary of Agriculture to exchange approximately 5 acres of land owned by the Department of Agriculture located in the Arapaho-Roosevelt National Forests with the Sugar Loaf Fire Protection District of Boulder, Colorado. Under the legislation, if the land is not exchanged within one year of the bill's enactment, the Secretary would be authorized to sell the land to the Sugar Loaf fire district for a federally appraised amount.

H.R. 2719 would require the Secretary of the Interior to provide public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and other purposes, including motor vehicle access, and pedestrian and other nonmotorized access. 

The bill would require the Secretary of the Interior to enter into cooperative agreements to facilitate access to the summit of Rattlesnake Mountain with the Secretary of Energy, the State of Washington, or any local government agency or other interested persons, for guided tours, including guided motorized tours to the summit of Rattlesnake Mountain.  The bill would also require the Secretary of the Interior to enter into cooperative agreements with the Secretary of Energy, and with the State of Washington or any local government agency or other interested persons, to maintain the access road to the summit of Rattlesnake Mountain.

H.R. 443 would require that, no later than 180 days after enactment, the Secretary of  Health and Human Services convey to the Maniilaq Association, located in Kotzebue, Alaska, all right, title, and interest of the U.S. in and to the property for use in connection with health and social services programs.

The bill would prohibit the Maniilaq Association from being liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination, including any oil or petroleum products, or any hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as of the date of the conveyance.  

H.R. 886 would require the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue a $5 gold coin, $1 silver coin, and a half-dollar clad coin emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service.

The bill would also require all such coin sales to include a surcharge of $35 per $5 coin, a $10 surcharge per $1 coin, and a $3 surcharge per half-dollar coin.  It would require distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service.  In addition, the bill would require distribution of one-third of the remainder each to the National Center for Missing and Exploited Children, the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial, and to the Federal Law Enforcement Officers Association Foundation.

Lastly, the bill would authorize the Secretary to strike and sell bronze duplicates of the $5 gold coins.

The bill would extend the authorization of the Temporary Assistance for Needy Families (TANF) state block grant program at current level of $16.5 billion annually, through September 30, 2012.  In addition, the bill would improve program administration by standardizing data elements to improve integrity and collaboration.  The legislation would also prohibit welfare funds from being used in strip clubs, liquor stores, and casinos by blocking welfare EBT cards from working in ATMs there.

The bill would standardize data elements to improve integrity and collaboration by requiring standardized data and Department of Health and Human Services coordination of exchanges across state TANF programs. The language in the bill is identical to language in the Child and Family Services Improvement and Innovation Act that became law earlier this year (H.R. 2883), which required standardization of child welfare data and is a continuation of efforts to standardize human services program data to allow for better sharing of information as well as to improve understanding of how individuals interact with multiple welfare programs.

Finally, the legislation would prohibit welfare funds from being accessed in strip clubs, liquor stores, and casinos by blocking welfare EBT cards from working in ATMs in those locations. The bill would penalize states that do not enforce this provision and report their efforts to the Department of Health and Human Services within two years of enactment.

S. 278 would authorize the Secretary of Agriculture to exchange approximately 5 acres of land owned by the Department of Agriculture located in the Arapaho-Roosevelt National Forests with the Sugar Loaf Fire Protection District of Boulder, Colorado. Under the legislation, if the land is not exchanged within one year of the bill's enactment, the Secretary would be authorized to sell the land to the Sugar Loaf fire district for a federally appraised amount.

H.R. 2719 would require the Secretary of the Interior to provide public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and other purposes, including motor vehicle access, and pedestrian and other nonmotorized access. 

The bill would require the Secretary of the Interior to enter into cooperative agreements to facilitate access to the summit of Rattlesnake Mountain with the Secretary of Energy, the State of Washington, or any local government agency or other interested persons, for guided tours, including guided motorized tours to the summit of Rattlesnake Mountain.  The bill would also require the Secretary of the Interior to enter into cooperative agreements with the Secretary of Energy, and with the State of Washington or any local government agency or other interested persons, to maintain the access road to the summit of Rattlesnake Mountain.

H.R. 443 would require that, no later than 180 days after enactment, the Secretary of  Health and Human Services convey to the Maniilaq Association, located in Kotzebue, Alaska, all right, title, and interest of the U.S. in and to the property for use in connection with health and social services programs.

The bill would prohibit the Maniilaq Association from being liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination, including any oil or petroleum products, or any hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as of the date of the conveyance.  

The Conference Report on H.R. 1540 would authorize appropriations for the Department of Defense (DoD) and for the national security programs of the Department of Energy (DoE) for Fiscal Year 2012.  This budget authority is intended to enhance national security through the procurement of materiel, the modernization of the Armed Forces, and continued funding for overseas contingency operations in Iraq and Afghanistan. 

The bill also contains a number of provisions concerning military personnel policy, education and training, military pay and allowances, acquisition policy and management, DoD organization and management, civilian personnel, and matters relating to foreign nations.

For FY2012, the bill would authorize: $103 billion for procurement; $15 billion for procurement to support overseas contingency operations (OCO); $71 billion for research, development, & testing (RDT&E); $162 billion for operation and maintenance (O&M); $86 billion for O&M supporting OCO; $142 billion for military personnel; $11 billion for personnel supporting OCO; and $37 billion for other authorizations.  Additionally, the bill would authorize $13 billion for military construction and $11.1 billion for DoE national security programs.

Provisions relating to military personnel: The bill would authorize cuts to the armed forces end strengths, including: a drawdown of 7,400 for the Army and a cut of 3,000 for the Navy.  The Air Force would be authorized an increase of 600.  Additionally, the bill would cap future health care fee increases to cost-of-living adjustments.

The bill would make changes to the Uniform Code of Military Justice in matters related to rape and sexual assault (such as providing legal counsel for sexual assault victims and ensuring requests for transfer by said victims are considered by their commander within 72 hours), and the bill retains the UCMJ Article 125 prohibition on sodomy.

The bill would also authorize new authorities such as a voluntary separation incentive and temporary early retirement to help minimize involuntary separations in any future manpower reductions the services might undertake.

The bill does not retain the House-passed provision (sec. 534) that would reaffirm the policy of section 3 of the Defense of Marriage Act, codified at section 7 of title 1, United States Code, within the DoD.  However, nothing in the bill would relieve the Department from the prohibition on federal recognition of same sex marriage therein.  Additionally, the bill would enact a conscience clause (the first such of its kind) to protect chaplains’ rights to not perform same sex marriages on the basis of their conscience or moral principles.

Provisions addressing readiness of troops, equipment, and facilities: In authorizing funds for Operations & Maintenance (O&M), the bill would support the daily operations, training, and administration of the armed services, including the following:

• $22.8 billion for the training of all active-duty and reserve forces to increase readiness as troops experience greater dwell time following the Iraq drawdown;
• $6.3 billion, an increase of $150 million, to additionally fund Navy ship and aircraft depot maintenance for both the active and reserve components;
• $4.5 billion for Army and Marine Corps equipment reset and depot maintenance.
• $7.7 billion for Air Force weapon system sustainment; and
• Just under $1 billion to support the Army’s planned return to full-spectrum training with fewer units committed to Iraq for combat operations.

The bill would also improve logistics and sustainment by strengthening maintenance and repair in the military departments’ depot repair and Army industrial facilities, and would take steps to protect the benefits and services available to DoD civilian employees deployed to combat zones.

The bill would also reverse years of DoD underfunding and provide a sustained focus on corrosion mitigation that costs taxpayers $22.9 billion annually.  The bill would also codify the requirements for discharge of waste by vessels of the armed forces at sea to ensure minimum impact on the environment while protecting Navy operational readiness.  This provision would avert $2.0 billion of expenses for Navy fleet modifications.

Provisions affecting seapower and projection forces:  The bill would require DoD to integrate a competitive acquisition strategy for the main propulsion turbomachinery of the Next Generation Bomber to foster competition and maintain a robust industrial base for military engines.  The bill would also extend the multi-year funding authority for the second and third Ford-class aircraft carriers from four to five years of incremental funding authority.

Additionally, the bill would include $14.9 billion for 10 new construction ships in the president’s budget request, and would require a cost benefit analysis on maintainability and sustainability for the Littoral Combat Ship, while requiring more detailed breakout of LCS module funding in budget documentation.  The bill would also allow for the retirement of 6 B-1 aircraft in an incremental manner, while maintaining a combat-coded aircraft at the current level of 36 aircraft.

The bill would also require the Navy to maintain an aircraft carrier air-wing force structure and associated command structure commensurate to effectively support aircraft carrier force structure requirements.

Provisions relating to modernization of U.S. nuclear deterrence capabilities: The bill would mandate that the DoD provide Congress a report on development of a new ballistic missile submarine and would ensure the health of US nuclear stockpile by requiring DoD provide to Congress detailed plans and cost estimates for sustaining and modernizing the nuclear stockpile and supporting infrastructure.

The bill would also impose Congressional oversight on plans to further reduce the U.S. nuclear deterrent, by requiring the Administration to reveal its future plans for reductions, by requiring notification to Congress before nuclear weapons reductions are made, and codifying the requirement that changes to the nuclear war plan of the United States be briefed to the Armed Services Committees.

Ballistic missile defense: The bill would provide $10 billion for development, test and fielding of missile defenses to protect the U.S. homeland and support the implementation of the Administration’s phased adaptive approach for regional missile defense. The bill would include $235 million for U.S.-Israeli cooperative missile defense programs, more than double the president’s requested amount.

Provisions relating to tactical air and land forces: The bill would mandate crucial upgrades to the ground vehicles, provide our troops necessary protection against the threat of Improvised Explosive Devices, and offer pragmatic modernizations to our aircraft fleet.  Specifically, the bill would adequately sustain critical assembly lines, shipyards, and manufacturing expertise that keep our wartime military properly equipped and supplied, including the following authorizations:

• $325 million for National Guard and Reserve Equipment;
• $3 billion to support urgent operational needs and counter-IED activities in Iraq and Afghanistan;
• $255 million to support Abrams Tank industrial base and National Guard modernization;
• $2.7 billion to support Mine Resistant Ambush Protected Vehicle modernization and survivability enhancements;
• $2.4 billion for Army and Marine Corps Tactical Wheeled Vehicles;
• $449 million for the Army’s Ground Combat Vehicle program;
• $8.5 billion for F-35 Joint Strike Fighter development and procurement for the Navy, Marine Corps, and Air Force;
• $1.0 billion for EA/ 18Gs Growlers and $2.2 billion for F/A-18Es and Fs Super Hornets for the Navy; and
• $2.1 billion for the MV-22 Ospreys for the Marine Corps and $339 million for CV-22s Ospreys for the Air Force.

Selected policy provisions:

 AFGHANISTAN—The FY12 National Defense Authorization Act (NDAA) would ensure that any withdrawal of forces from Afghanistan is conditions-based rather than arbitrary.  At the request of General Petraeus, the Conference Report contains new specific authorities for commanders to terminate or void contracts without penalty if it is determined that such a contract provides funding for groups supporting an insurgency.  The bill would also provide additional access to contractor and subcontractor records to ensure that funding from U.S. contracts is not aiding the insurgency.

IRAN—The bill would include a Senate-passed amendment to require the President to sanction entities, including state central banks, engaging in financial transactions with the Central Bank of Iran.  In addition, the bill would retain the annual DoD reporting requirement on Iranian military power, which includes a review of Iran’s nuclear capabilities, force structure, and operations against the armed forces of the United States in Iraq and Afghanistan.  The bill would also require an independent review of current U.S. capability gaps to counter Iran and China.

CHINA—The bill would require the Secretary of Defense, in consultation with other key departments and agencies, to assess the threat posed by the amount of US national debt held by China.  The bill would also amend the requirement for the annual Chinese Military Power Report to include an extensive analysis of a potential cyber threat.

In addition, the bill would withhold funds from the joint Chinese, Department of Defense, Department of Energy Center of Excellence for Nuclear Security until the Secretary of Defense assures Congress the center will curb China’s proliferation of nuclear technology and is consistent with U.S. national security interests.  This would include a specific prohibition against construction of any facility in China until the requirements of the provision are met.

IRAQ—The bill would authorizes funds and authority for the Office of Security Cooperation- Iraq (OSC-I) and would require a report on how the OSC-I will address capacity shortcomings within the Iraqi Security Forces, as well as plans for training assistance and joint exercises.

PAKISTAN—The bill would freezes nearly $700M in aid to Pakistan pending DoD delivery of a strategy for improving the effectiveness of such assistance and assurances that Pakistan is countering Improvised Explosive Devices networks in their country that are targeting coalition forces. This freeze includes the majority of the $1.1 billion in Pakistan Counterinsurgency Funds.

DETAINEES—The legislation would strengthen policies and procedures used to detain, interrogate, and prosecute al Qaeda, the Taliban, affiliated groups, and those who substantially support them.  These provisions would not extend any new authorities to detain U.S. citizens and explicitly exempt U.S. citizens from provisions related to military custody of terrorists.  Specifically, the bill would prohibit the transfer or release of Guantanamo detainees to or within the United States, prohibit the use of funds to house Guantanamo detainees in the United States, and reaffirm the lawful detention of individuals from al Qaeda, the Taliban, and associated forces engaged in armed conflict with the United States, without extending new authority to detain U.S. citizens.  The bill would require military custody for al Qaeda and associated terrorists who are captured plotting an attack on the United States, except where the president waives this requirement as not being in the national security interest of the United States—this provision explicitly exempts U.S. citizens.

WIKILEAKS—The bill would require the Secretary of Defense to establish a comprehensive program to detect unauthorized uses of classified information and would require technological solutions, updated policies and procedures, and enforcement measures to assist with detection of such unauthorized activities.

AUDIT READINESS—The bill would require the DoD to establish a specific plan, with interim objectives and milestones, for meeting the September 30, 2014 deadline for an audit-ready Statement of Budgetary Resources statement, to develop metrics and mitigating strategies for missed milestones and program delays, and to report to Congress on the steps to be taken.

POLITICAL INFLUENCE IN DEFENSE CONTRACTING—The bill would eliminate requirements mandated by the Obama administration that would require potential contractors to first declare their political contributions before applying for business with the Department of Defense.

COUNTERNARCOTICS—The bill would explicitly reauthorizes DoD Counter-Narcotics (CN) authorities for FY 2012, which includes authorities to assist other agencies in their CN efforts, especially with respect to narco-trafficking activities on the U.S. southern border.  Also included are authorities to assist Colombia and other countries in disrupting the nexus between narco-trafficking and terrorist activity.  This authority is extended to thirteen countries not previously authorized.

YOUCUT—The bill would incorporate H.R. 1246, which the House approved by voice vote on April 4, 2011. The provision would require a 10 percent reduction of the printing and reproduction budgets for each of the military departments and the defense agencies.  The provision would generate over $30 million in savings from the president’s FY12 budget request.

H.R. 1466 would permit certain aliens residing within the Commonwealth of the Northern Mariana Islands (CNMI) to apply for permanent residence and be admitted as an immigrant to the CNMI under certain circumstances. The bill would only permit entry to and from the CNMI and would prohibit such aliens from traveling to, or residing in, any part of the United States other than the Commonwealth. The bill would require the Secretary of Homeland Security to establish a process for such aliens to apply for CNMI-only permanent resident status during the 90-day period beginning on the first day of the sixth month after the date of the enactment of this legislation.

The bill would authorize the admission of an alien as an immigrant to the Commonwealth of the CNMI if they are otherwise admissible to the United States, if they resided in the Commonwealth on November 28, 2009, if they continue to so reside on the date of enactment of this Act, and if such alien met any one of the following requirements:

1) Was born in the Commonwealth between January 1, 1974, and January 9, 1978;

2) Was, on May 8, 2008, a Commonwealth permanent resident;

3) Is the spouse or child of an alien described in clause 1 or clause 2 above; or

4) Was on May 8, 2008, and continues to be, an immediate relative of a U.S. citizen (not withstanding the citizen's age).

H.R. 1466 would permit certain persons currently residing in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for permanent residence in CNMI within eight months of the bill’s enactment and would permit some of those persons to apply for permanent U.S. residence in calendar year 2015. Under the bill’s provisions, any visas issued to CNMI residents in 2015 would be offset by a reduction in the number of visas available for certain other immigrants in that year.

H.R. 313 would amend the Controlled Substances Act to clarify that people who enter into a conspiracy within the United States to possess or traffic illegal controlled substances outside the United States, or engage in conduct within the United States to aid or abet drug trafficking outside the United States, may be criminally prosecuted in the United States. 

The Middle Class Tax Relief & Job Creation Act of 2011 would provide a fully-offset extension of the current payroll tax rates, a delay in the implementation of the Medicare Sustainable Growth Rate (the so-called “Doc Fix”), and an extension of reformed Unemployment Insurance benefits. The legislation would provide assistance to Americans suffering in the Obama economy, while ensuring that these policies will not increase the federal deficit by freezing pay for members of Congress and federal workers, reforming Unemployment Insurance, reducing subsidies, and getting rid of waste, fraud and abuse in some Washington programs.  In addition, the bill would provide new incentives for job creation by extending 100 percent business expensing, removing burdensome EPA regulations and taking action on the bipartisan Keystone XL energy project. A summary of the bill’s major provisions follows below.

TITLE I—JOB CREATION INCENTIVES

North American Energy Access:  The bill would require the President to issue a permit for the Keystone XL pipeline unless he determines that the pipeline would not serve the national interest.  The permit would be required within 60 days of enactment of this Act. If the President makes such a finding he would be required to submit a report to Congress providing justification for such a determination. Any permit issued under this section would be required to comply with all applicable Federal and state laws and would require the reconsideration of routing within the State of Nebraska.

EPA Regulatory Relief:  The bill would provide a legislative stay of four interrelated Environmental Protection Agency rules, commonly referred to as the “Boiler MACT rules,” that govern emissions of mercury and other hazardous air pollutants from approximately 200,000 boilers and incinerators nationwide.  This would require the Administrator of the EPA to promulgate, 15 months from the date of enactment, new regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units.  The bill would also extend the deadline for compliance with the new rules from 3 years to at least 5 years.  Finally, this provision requires that the emissions standards set by the Administrator in the new rules must be achievable in practice and stipulate that the Administrator should impose the least burdensome regulatory alternatives.

Extension of 100 Percent Expensing:  The bill would extend 100 percent expensing for qualified real property purchased by a business for an additional taxable year, through 2012. Under legislation enacted in late 2010, qualifying property purchased (and generally placed into service) after September 8, 2010, and before January 1, 2012, is eligible for “expensing” (sometimes referred to as “100-percent bonus depreciation”), which allows a business to deduct the cost of the property immediately that year.  Prior to the implementation of 100 percent expensing, business taxpayers were generally required to depreciate the cost of capital assets over several years, with the exact period depending on the asset.  In addition, the bill would expand a provision which allows taxpayers to elect to claim AMT credits in lieu of bonus depreciation.  Extending 100 percent expensing will encourage businesses to invest in additional real property.

TITLE II—EXTENSION OF CERTAIN EXPIRING PROVISIONS AND RELATED MEASURERS

Extending the Payroll Tax Reduction: The legislation would extend the payroll tax rate reduction, which lowers the standard Social Security payroll tax rate by two percentage points for employees and the self-employed, for one calendar year, expiring on December 31, 2012.  The bill would extend the current rate of 4.2 percent for employees, and 10.4 percent for the self-employed.  The bill would make no changes to the payroll tax rate for employers (6.2 percent) or to the amount of annual wages and net self-employment income subject to the Social Security payroll tax ($106,800 in 2011).  Prior to 2011, employees and employers each paid 6.2 percent of covered earnings (for a total of 12.4 percent) up to an annual income limit.  The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 reduced the FICA tax rate for employees by two percentage points for calendar year 2011.  To protect the Social Security trust funds from a loss of payroll tax revenues resulting from the payroll tax reduction, the law requires appropriated amounts to “be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.” This legislation would extend the current reduction for 2012.

Extending Unemployment Insurance Benefits:  The bill would extend and reform federally funded benefits under the Emergency Unemployment Compensation (EUC) and the Extended Benefit (EB) programs for 13 months, though the end of January 2013. These extended benefits are set to expire on expire the week ending on or before January 3, 2012. Under the expiring emergency benefits, when eligible workers lose their jobs, the joint federal-state Unemployment Insurance (UI) program may provide up to 26 weeks of income support through the payment of regular UI benefits. In addition, UI benefits may be extended in two ways: (1) for up to 53 weeks by the temporarily authorized Emergency Unemployment Compensation (EUC) program; and (2) for up to 13 or 20 weeks by the Extended Benefit (EB) program if certain economic situations exist within the state.  Thus, UI is available for up to 99 weeks in certain states with high unemployment.  The bill would use a two-step process to gradually reduce the current maximum amount of time total benefits could be distributed in states with high unemployment from 99 weeks to 59 weeks by mid-2012.  For individuals who are collecting EUC benefits in December 2011, the bill would allow them to complete the tier of benefits they are currently in, with some able to collect up to another 13 weeks of payments in 2012 if they are in a high unemployment state.

In addition, the bill would reform the UI benefit program to require that participants are actively working and training towards employment and to streamline the program.  Some of these requirements are listed below.

• The bill would establish basic job search requirements for everyone collecting state UI benefits to ensure that all are actively seeking work and have registered for employment services, and posted resumes.
• The bill would require UI recipients who lack a high school diploma to be making progress toward a GED; allows the state to waive this requirement if it would be unduly burdensome in individual cases.
• The bill would allow states to apply for cost-neutral “waivers” of Federal law, so they can test innovative strategies to promote faster reemployment of unemployed workers. 
• The bill would clarify that states may drug test recipients they have determined are likely to be using illegal substances.
• The bill would require states to reduce current state UI benefits to recover prior UI overpayments, including overpayments owed to other states or the Federal government. 
• The bill would establish requirements for states to provide reemployment services and reemployment and eligibility assessments to EUC recipients.
• The bill would require states to offset Federal EUC benefits to recover UI overpayments owed to other states or the Federal government, and would convert a current 50 percent ceiling on such offsets into a 50 percent floor.
• The bill would repeal a 2009 stimulus law provision that blocked states wanting to improve solvency from reducing state unemployment benefits while still receiving Federal EUC funds. 

Medicare Physician Payment Rates: This provision would prevent a 27.4 percent cut in Medicare physician payment rates slated to begin on January 1, 2012 and instead increase payment rates by 1 percent in 2012 and again in 2013.  The two years of stable Medicare payment rates would be the most certainty physicians have had since 2004. During this period, the Medicare Payment Advisory Commission (MedPAC), Government Accountability Office (GAO), and Department of Health and Human Services (HHS) are required to submit reports to Congress to assist in the development of a long-term replacement to the current Medicare physician payment system.

Ambulance Add-On Payments:  This provision would extend through December 31, 2012, the following add-on payments:  2 percent for urban ground ambulance services, 3 percent for rural ground ambulance services, and an increase to the base rate for ambulance trips originating in qualified “super rural” areas as calculated by the Secretary (currently 22.6 percent). 

Outpatient Therapy Caps: This provision would extend the therapy caps exceptions process through December 31, 2013 with modifications that will require that the physician reviewing the therapy plan of care be detailed on the claim, reject all claims above the spending cap that do not include the proper billing modifier, and provide for a manual review of all claims for high cost beneficiaries to ensure that only medically necessary services are being provided.  Furthermore, the spending caps ($1,880 in 2012), which have been in effect since 2006, would be extended to the hospital outpatient department setting to prevent a shift in the site of service to higher cost settings once enforcement of the current exceptions process begins.  Exempting these services in the HOPD setting made sense when the hard therapy cap was in place, but it no longer makes sense with the exceptions process. 

Physician Work Geographic Adjustment: This provision would extend, through December 31, 2012, the current floor used in calculating the portion of Medicare physician payments that accounts for the geographic area where a physician practices.  This provision would increase physician payment rates in roughly 54 of the Medicare program’s 89 geographic areas.

Qualified Individual (QI) Program: This provision would extend the QI program, which provides federal reimbursement for states to cover Part B premiums for seniors with incomes between 120 and 135 percent of poverty, through December 31, 2012.  The provision would reduce the capped allotment states receive to administer the program from $1 billion in 2011 to $730 million in 2012, which is anticipated to still fully fund the program.

Extension of Transitional Medical Assistance (TMA):  This provision would provide for a one-year extension of TMA, through December 31, 2012, for low-income families transitioning into employment. In addition, this provision ensures that only those individuals with incomes below 185 percent of the federal poverty level (FPL) can qualify for TMA benefits.

Relaxing Arbitrary Restrictions on Physician-Owned Hospitals:  This provision would allow those physician-owned hospitals that were under construction but did not have Medicare provider numbers as of December 31, 2010, to open and operate under the whole hospital exception to the Stark antitrust laws.  This will allow these hospitals to bill Medicare for services provided to Medicare beneficiaries in these facilities that were under construction prior to the ban on new physician-owned hospitals.  This provision would also relax strenuous new requirements intended to prevent most existing physician-owned hospitals from renovating or expanding.

ObamaCare Exchange Subsidy Recapture: The Democrats’ health care law fails to adequately protect taxpayers from overpayments of the federal subsidies to purchase health insurance, even in the case of fraud, by limiting the amount of subsidies that can be recaptured if an individual/family receives a greater subsidy than he/she/they are entitled to.  This provision would increase the maximum amount of subsidy overpayments that must be repaid.  Similar policies were overwhelming adopted in last year’s “doc fix” and the repeal of the onerous 1099 reporting requirement earlier this year.

Reduction in the Prevention & Public Health Fund: The Prevention and Public Health Fund, Section 4002 of the PPACA, is a $17.75 billion account (FY12-FY21) that provides the Secretary of HHS unlimited authority to spend above and beyond appropriated levels for any activity authorized by the Public Health Service Act.  This provision would reduce the funding for the Prevention and Public Health Fund.

Parity in Payments for Hospital Outpatient Department (HOPD) Evaluation and Management (E/M) Office Visit Services: Under current law, Medicare pays more for E/M office visit services furnished in the HOPD setting than it does for the exact same services performed in the physician office setting.  While the amount Medicare pays physicians for these services in an HOPD would remain unchanged, the hospital facility fee payment would be reduced, equalizing total Medicare payments for identical services, regardless of where it is furnished beginning in 2012. 

Reducing Bad Debt Payments:  High reimbursements to hospitals, skilled nursing facilities, federally qualified health centers (FQHCs) and dialysis centers are believed to discourage providers from doing enough to collect unpaid cost-sharing that they are required, by CMS, to take reasonable steps to collect (“bad debt”).  This provision would phase down the bad debt reimbursements to 55 percent over a three-year period beginning in 2013. 

Medicaid Disproportionate Share Hospital (DSH) Allotments: This provision would rebase the DSH allotments for FY2021 and determine future allotments from the rebased level using current law methodology. 

TANF Extension:  The bill would extend the authorization of the Temporary Assistance for Needy Families (TANF) state block grant program at current level of $16.5 billion annually, through September 30, 2012.  In addition, the bill would improve program administration by standardizing data elements to improve integrity and collaboration.  The legislation would also prohibit welfare funds from being accessed in strip clubs, liquor stores, and casinos by blocking welfare EBT cards from working in ATMs there.

TITLE III—FLOOD INSURANCE REFORM

Flood Insurance Reform:  The provision would reauthorize, reform and strengthen the National Flood Insurance Program (NFIP) to ensure that it is actuarially sound and able to respond to future emergencies without incurring more debt or lapsing as it has three times since 2010.  As of January 31, 2011, the NFIP’s outstanding debt and accrued interest cost stood at $17.7 billion. Under current law, these funds borrowed from the U.S. Treasury must be repaid with interest. The program, however, is not in a position to repay the debt.  This legislation would reauthorize the program through FY 2016 and make a number of changes to the NFIP aimed at improving the financial status of the program, including increased premiums for certain higher-risk properties and removing premium subsidies for certain properties. 

The legislation would reauthorize the NFIP through September 30, 2016, and amends the National Flood Insurance Act. Some key provisions of extension include: (1) a five-year reauthorization of the NFIP; (2) a one-year delay in the mandatory purchase requirement for certain properties; (3) a phase-in of full-risk, actuarial rates for areas newly designated as Special Flood Hazard; (4) establishment of the Technical Mapping Advisory Council; and (5) an emphasis on greater private sector participation in providing flood insurance coverage.  The bill would establish minimum deductibles set at $1,000 for properties with full-risk rates and at $2,000 for properties with discounted rates.  The bill would also index maximum coverage limits for inflation beginning in 2012. 

TITLE IV—JUMPSTARTING OPPORTUNITY WITH BROADBAND SPECTRUM ACT OF 2011

Spectrum Auction Authority and Public Safety Communications:  This provision would advance wireless broadband service, spur billions of dollars in private investment, and create thousands of jobs by auctioning spectrum frequencies used to provide broadband services.  This would provide additional broadband spectrum and authorize the Federal Communications Commission to conduct incentive auctions. Incentive auctions give the FCC the flexibility to promote more efficient use of spectrum by sharing a portion of auction proceeds with current licensees that are willing to return their licenses to the Commission for re-auction. 

Specifically, the bill would establish Establishes clearing and auction timelines for spectrum in 1915-1920 MHz and 1995-2000 MHz (the PCS H Block), 2155-2180 MHz (the AWS-3 block), 1755-1780 MHz, 15 MHz from the government spectrum at 1675-1710 MHz paired with 15 MHz to be determined by the FCC.  The bill would also allow the president to substitute alternate spectrum for 1755-1780 MHz and would reallocate Reallocates the 700 MHz D Block from commercial to public safety use.  The bill would also grant the FCC authority to conduct incentive auctions under which it shares some of the proceeds with licensees who return spectrum.  The bill would also assign certain spectrum for public safety broadband use to the Administrator.

TITLE V–OFFSETS

GSE Guarantee Fees:  The bill would increase guarantee fees charged by the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac to lenders for assuming the credit risk on the loans GSEs purchase in the secondary mortgage market.  These fees are in effect a premium to guarantee the repayment of principal and interest on those securities, insuring Mortgage Backed Securities (MBS) investors from the risk that the securities will default.  Currently, GSEs charge much less to guarantee the performance of their MBS than competitors in the private market, which has the effect of transferring greater risk to the nation’s taxpayers and crowding out the private market.  Imposing higher guarantee fees would ultimately lower the deficit, increase competition in the secondary mortgage market, and reduce taxpayer exposure to the GSEs.  These fees should be set as if the GSEs were held to the same capital standards as private banks or financial institutions but shall increase by at least 10 basis points over 2011 levels.  The increase is to be phased-in over the next two years.  Similar fee increases have already been called for by the Obama Administration.  The provisions of this section expire on October 1, 2021. 

Information for Administration of Social Security Provisions Related to Non-covered Employment: The bill would prevent Social Security overpayments by improving coordination with states and local governments.  Under law, Social Security payments are generally reduced if a beneficiary receives a pension from work not covered by Social Security. One of the major causes of Social Security overpayments occurs when required benefit reductions under the windfall elimination provision (WEP) and the Government Pension Offset (GPO) are not accounted for and full benefit payments are incorrectly distributed.  According to the Social Security Administration (SSA), Social Security overpayments often result when beneficiaries fail to report receipt of a pension from non-covered employment. The President’s FY 2012 Budget included a legislative proposal that would require state and local governments to identify and report pensions they pay to retired employees based on work not covered by Social Security. If the SSA had this data from state and local governments, it could determine whether to reduce benefits because of the WEP or GPO statutes.  

Refundable Child Tax Credit Fraud:  The bill would save taxpayers billions and reduce the deficit by eliminating waste, fraud, and abuse and ensuring that federal benefits reach their intended recipient.  Unlike many other tax benefits, the law does not require the taxpayer or eligible child to have a social security number in order to receive the Child Tax Credit (CTC) and its refundable component, the Additional Child Tax Credit (ACTC), which provides a refundable tax credit of up to $1,000 per child.  According to a June 2011 report from the Department of Treasury, individuals who are not authorized to work in the United states were paid $4.2 billion in refundable credits in 2010. This provision would close this loophole by requiring taxpayers to provide a social security number to receive this tax credit. 

Ending Unemployment and Supplemental Nutrition Assistance Program Benefits for Millionaires:  The bill would means-test unemployment compensation for which certain high-income individuals would otherwise be eligible.  For taxpayers with adjusted gross income (AGI) of at least $750,000 ($1,500,000 in the case of a joint return), a portion of any unemployment compensation received—the recipient’s “excess unemployment compensation,” as determined under a specified formula—would be subject to a non-deductible 100-percent excise tax.  The provision would be effective for unemployment compensation received after 2011.  In addition, the bill would declare that any household with a member that receives income or assets with a fair market value of $1 million shall immediately be ineligible to receive SNAP benefits until such time as the household meets the income and asset requirements.

Federal Employee Retirement Contribution Reform:  This provision would reform federal workforce retirement programs to bring them more in line with the standard practices used in the private sector.   Under current law, employees covered by the Federal Employees’ Retirement System (FERS) contribute 0.8 percent of their pay to the Civil Service Retirement and Disability Fund, while the federal government contributes an amount equal to 11.9 percent of their pay.  For workers hired before 1984 and participating in the Civil Service Retirement System (CSRS), their contribution is 7 percent of pay while the government pays the equivalent of 19 percent of their pay. The bill would increase the contributions required by current federal employees enrolled in FERS from 0.8 percent to 2.3 percent for three years, beginning in 2013.  The bill would increase the contribution for employees enrolled in CSRS from 7 percent to 8.5 percent for three years, beginning in 2013.  

In addition, the bill would permanently increase the FERS contribution for federal employees hired after December 31, 2012, to 4 percent, an increase of 3.2 percent. The employee contribution for special occupational groups and Members of Congress would also increased by a total of 3.2 percent, from 1.3 percent to 4.5 percent.  This bill would also change the FERS pension formula salary base for all retirees to highest-five years’ average salary. Existing CSRS and FERS employees remain subject to a highest-three years’ average salary base. Finally, this section changes the FERS pension formula multiplier for basic retirees to 0.7 percentage points, instead of 1 percent (or 1.1 percent with 20 or more years of service).  

Annuity Supplement:  The bill would eliminate the FERS minimum supplement for individuals not subject to mandatory retirement, beginning January 1, 2013.  Individuals subject to mandatory retirement include certain categories of employees such as law enforcement, fire fighters, air traffic controllers, and nuclear materials couriers. Under current law, the FERS minimum supplement is paid to these employees and to federal employees who retire before the age of 62. The FERS minimum supplement represents the amount the employee would have received from Social Security if he were 62 years old on the day he retired, and is paid until the retiree reaches age 62 and begins receiving his actual Social Security payments.

Civilian Federal Employee Pay Freeze:  The bill would extend a current freeze pay at current levels for non-defense, civilian federal employees for one year, through 2013. Congress and the president have already enacted legislation to freeze civilian pay until the end of 2012 (P.L. 111–322).  As President Obama said, “Getting this deficit under control is going to require some broad sacrifices and that sacrifice must be shared by the employees of the federal government.” In keeping with this principle and similar recommendations from the National Commission on Fiscal Responsibility, this legislation would extend the pay freeze for non-defense federal workers at a time when families and small businesses around the nation are also being forced to tighten their belts in the Obama Economy. The bill would also reduce the non-security discretionary spending limits enacted as part of the Budget Control Act to reflect the savings achieved as a result of the one year pay freeze. 

Increasing Medicare Premiums for High Income Beneficiaries:  This provision would adopt President Obama’s recommendation to increase Medicare Part B and D premiums for high-income beneficiaries beginning in 2017.  Specifically, this provision would:  extend the current freeze of the income brackets beyond 2019 until 25 percent of beneficiaries are paying income-related premiums; increase the premiums that high-income beneficiaries pay by 15 percent; and apply a high-income threshold of $80,000 for singles and $160,000 for couples, respectively. Under Medicare Parts B and D, certain beneficiaries already pay higher premiums as a result of their higher levels of income. This will help improve the financial stability of the Medicare program by reducing the Federal subsidy of Medicare costs for those beneficiaries who can most afford them.  

TITLE VI–MISCELLANEOUS PROVISIONS

Repeal of Certain Timing Shifts of Corporate Estimated Tax Payments:  The bill would repeal a series of recently enacted tax payment schedule timing shifts that have been implemented to modify the required payment of taxes for budgetary estimate purposes.  Under current law, companies are generally required to pay corporate estimated taxes according to a regular schedule set by statute.  For companies with assets of $1 billion or more, that general payment schedule has occasionally been modified to shift the timing for payment of certain such installments. Typically, these provisions have increased covered corporations’ estimated tax payments that are due in the fourth quarter of particular years by a certain percentage, while decreasing those corporations’ payments by a corresponding amount in the first quarter of the following years.  Under the bill, a series of these recently enacted timing shifts would be repealed, restoring the regular payment schedule that applied prior to their enactment. 

H.R. 2527 would authorize the Speaker of the House of Representatives and the President pro-tempore of the Senate to make appropriate arrangements to award, on behalf of Congress, 3 gold medals in honor of the men and women who perished as a result of the terrorist attacks on the United States on September 11, 2001. 

One gold medal will be awarded, with the understanding that each medal is to be put on permanent display, to the Flight 93 National Memorial, the National September 11 Memorial and Museum, and the Pentagon Memorial.  Proceeds of sales of duplicate medals shall be deposited in the United States Mint Public Enterprise Fund.

H.R. 886 would require the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue a $5 gold coin, $1 silver coin, and a half-dollar clad coin emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service.

The bill would also require all such coin sales to include a surcharge of $35 per $5 coin, a $10 surcharge per $1 coin, and a $3 surcharge per half-dollar coin.  It would require distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service.  In addition, the bill would require distribution of one-third of the remainder each to the National Center for Missing and Exploited Children, the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial, and to the Federal Law Enforcement Officers Association Foundation.

Lastly, the bill would authorize the Secretary to strike and sell bronze duplicates of the $5 gold coins.

H.R. 1905 would declare that it is U.S. policy to deny Iran the ability to support acts of foreign terrorist organizations and develop unconventional weapons and ballistic missiles.

The bill would also urge the President to initiate diplomatic efforts to expand the multilateral sanctions regime regarding Iran and would direct the President to initiate an investigation into the imposition of sanctions upon receipt of credible information that a person is engaged in a sanctionable activity under the Act.

The bill would also direct the President to impose specified sanctions on a person who knowingly:

(1)   makes specified investments with respect to Iran's ability to develop petroleum resources;

(2)   sells, leases, or provides to Iran goods, services, technology, information, or support that could facilitate Iran's domestic production of refined petroleum products;

(3)   sells or provides to Iran refined petroleum products, or provides goods, services, technology, information, or support that could contribute to Iran's ability to import refined petroleum products; or

(4)   exports or otherwise facilitated transshipment to Iran of any goods, services, technology, or other items that would contribute to Iran's ability to acquire or develop chemical, biological, or nuclear weapons, or acquire or develop destabilizing numbers and types of advanced conventional weapons.

The bill would set forth exceptions to such sanctions for:

(1)   the procurement of certain defense articles or services;

(2)   eligible products to designated countries or instrumentalities;

(3)   products, technology, or services under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on which the sanctions are to be imposed;

(4)   spare or component parts, or information and technology that are essential to U.S. products or production, and related servicing and maintenance; or

(5)   medicines, medical supplies, or other humanitarian items.

The bill would define sanctions to include: prohibitions on Export-Import Bank assistance,  prohibitions on loans from U.S. financial institutions and other financial services,  prohibitions on foreign exchange and other banking transactions, prohibitions on property transactions, and export and procurement sanctions.

Additionally, the bill would authorize the Secretary of State to issue, upon request, an advisory opinion with respect to whether a proposed activity would be sanctionable, and would authorize a person to rely in good faith on such opinion and proceed without being subject to sanctions.

The bill would impose sanctions under this Act for at least two years and would authorize the President to terminate sanctions after one year if the sanctioned person is no longer engaging in a sanctionable activity and the President has received reliable assurances that the person will not knowingly engage in such future activity.

The bill would authorize the President to waive imposition of sanctions if in the national security interest of the United States.

The bill would state that a determination to impose sanctions under this Act shall not be reviewable in any court.

The bill would repeal the Iran Sanctions Act of 1996.

The bill would also authorize the President to provide financial and political assistance to certain foreign and domestic type individuals, organizations, and entities that support democracy in Iran.

The bill would impose visa, property, and financial sanctions on persons identified as officials of the government of Iran, security services, or the Islamic Revolutionary Guard Corps (IRGC) who were complicit in the commission of serious human rights abuses against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran.

The bill would direct the Secretary of State to submit an annual report to Congress regarding the promotion of Internet freedom and information access in Iran.

The bill would also impose specified sanctions on a person that knowingly assisted in the exportation of petroleum, oil, or natural gas produced by the IRGC or its affiliates.

The bill would block the U.S. property interests of foreign persons or their affiliates that have committed, or pose a significant risk of committing, acts of violence threatening the peace or economic stability of Iraq or Afghanistan.

The bill would direct the President to develop a National Strategy to Counter Iran.

The bill would amend the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the Secretary of the Treasury to require any person owned or controlled by a domestic financial institution to certify that such person is not engaged in corresponding relations or business activity with the IRGC.

The bill would require a report on the Central Bank of Iran's activities to facilitate Iran's efforts to acquire nuclear missile capacities and promote terrorism.

The bill would amend the Securities Exchange Act of 1934 to require securities issuers to disclose in their mandatory annual or quarterly reports to the Securities and Exchange Commission (SEC) whether they or their affiliates have:

(1)   engaged in certain activities relating to Iran, terrorism, and the proliferation of weapons of mass destruction;

(2)   knowingly engaged in specified activities, or knowingly violated certain regulations prescribed under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010;

(3)   knowingly conducted any transaction or dealing with a person whose property and interests in property are blocked by certain Executive Orders; or

(4)   knowingly conducted a transaction or dealing with any person listed in the Iranian Transactions Regulations.

The bill would also require the President to initiate an investigation into the possible imposition of sanctions when the SEC receives a report that an issuer or its affiliate has engaged in the cited activities, as well as to determine whether sanctions should be imposed on the issuer or the affiliate concerned.

The bill would states that, except to meet U.S. international obligations, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security (DHS) shall exclude from U.S. entry, a person who is an agent, official, or a representative of the government of Iran, and presents a threat to the United States or is affiliated with terrorist organizations. The bill would restrict the movement of such persons in the United States.

Lastly, the bill would terminate the provisions of the Act when Iran:

(1)   has dismantled its efforts to develop or acquire nuclear, chemical and biological weapons;

(2)   no longer provides support for acts of international terrorism; and

(3)   poses no threat to U.S. national security, interests, or allies.

H.R. 2105 would declare that it is U.S. policy to fully implement and enforce sanctions against Iran, North Korea, and Syria for their proliferation activities and policies.

The bill would direct the President to report to Congress identifying any foreign person who:

(1)   made certain transfers to or acquired from Iran, Syria, or North Korea certain listed nuclear, dual use, missile, chemical, biological, toxic, or non-listed but otherwise prohibited goods, services, or technology;

(2)   acquired, mined, or otherwise extracted materials within the territory or control of Iran, North Korea, or Syria for purposes relating to such countries' nuclear, biological, or chemical weapons, or missile development programs;

(3)   transferred to Iran, Syria, or North Korea goods, services, or technology that could assist such countries' efforts to extract or mill uranium ore; or

(4)   provided a vessel, insurance, or any other shipping service for transporting goods to or from Iran, North Korea, or Syria for purposes relating to such countries' nuclear, biological, or chemical weapons, or missile development programs.

The bill would also direct the President to apply the following for at least two years against a person so identified:

(1)   arms export prohibitions,

(2)   Executive Order 12938 prohibitions,

(3)   dual use export prohibitions,

(4)   investment prohibitions,

(5)   financing prohibitions, and

(6)   financial assistance prohibitions.

The bill would also prohibit U.S. nuclear cooperation agreements and related export licenses and transfers of materials, services and goods with a country that is assisting the nuclear program of Iran, North Korea, or Syria, or is transferring advanced conventional weapons to such countries.

The bill would prohibit any U.S. government agency from making extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency or any other organization of the government of the Russian Federation unless the President has reported to Congress that:

(1)   it is Russian policy to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile delivery systems;

(2)   the government of the Russian Federation has demonstrated a commitment to prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to Iran's nuclear, biological, chemical weapons, or missile programs; and

(3)   the Russian Aviation and Space Agency has not, during the one-year period ending on the date of such presidential determination, made transfers that are reportable under this Act to or from Iran, North Korea, or Syria.

The bill would direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security (DHS) to exclude from the United States, an alien listed in a report identifying persons involved in specified weapons proliferation activities with Iran.

The bill would also prohibit a vessel from landing at any U.S. port to load or unload freight or engage in the trade of goods or services if the vessel knowingly entered a port in Iran, North Korea, or Syria during the 180-day period ending on the date of the vessel's U.S. arrival.

The bill would also direct the President to apply foreign exchange, banking, property and loan sanctions to any person who provides to or acquires from Iran, North Korea, or Syria goods or technology that is used, or is likely to be used, for military applications.

Lastly, the bill would repeal the Iran, North Korea, and Syria Nonproliferation Act and would state that such repeal shall not affect any existing sanction under such Act.

H.Res. 306 would urge the Government of Turkey to honor its obligations under international treaties and human rights law to:

(1)   end all forms of religious discrimination;

(2)   allow the rightful church and lay owners of Christian church properties, without hindrance or restriction, to organize and administer prayer services, religious education, clerical training, appointments, and succession, religious community gatherings, social services, including ministry to the needs of the poor and infirm, and other religious activities;

(3)   return to their rightful owners all Christian churches and other places of worship, monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties, including movable properties, such as artwork, manuscripts, vestments, vessels, and other artifacts; and

(4)   allow the rightful Christian church and lay owners of Christian church properties, without hindrance or restriction, to preserve, reconstruct, and repair, as they see fit, all Christian churches and other places of worship, monasteries, schools, hospitals, monuments, relics, holy sites, and other religious properties within Turkey.

H.Res. 376 would: 

(1)   recognize there are American and South Korean prisoners of war and civilian abductees from the Korean War who are still alive in North Korea and who want to be repatriated;

(2)   call upon the United States Government to resume search and recovery operations in North Korea for remains of American POWs; 

(3)   recommend that the United States and South Korean Governments jointly investigate reports of sightings of American POW/MIAs; 

(4)   encourage North Korea to repatriate any American and South Korean POWs to their home countries to reunite with their families under the International Humanitarian Law set forth in the Geneva Convention relative to the treatment of Prisoners of War;

(5)   call upon North Korea to admit to the abduction of more than 100,000 South Korean civilians and reveal the status of the abductees; and

(6)   call upon North Korea to agree to the family reunions and immediate repatriation of the abductees under the International Humanitarian Law set forth in the Geneva Convention relative to the Protection of Civilian Persons in Time of War.

This legislation would extend the authority of the United States Postal Service to issue a semipostal to raise funds for breast cancer research.

This legislation would designate the facility of the United States Postal Service located at 170 Evergreen Square SW in Pine City, Minnesota, as the "Master Sergeant Daniel L. Fedder Post Office.”

This legislation would designate the facility of the United States Postal Service located at 15455 Manchester Road in Ballwin, Missouri, as the "Specialist Peter J. Navarro Post Office Building.”

This legislation would designate the facility of the United States Postal Service located at 14901 Adelfa Drive in La Mirada, California, as the "Wayne Grisham Post Office.”