United States · United States Congress · 2 March 2015
Innocent Sellers Fairness Act Exempts a lawful seller from liability for personal injury, monetary loss, or damage to property arising out of an accident or transaction involving a seller's products, unless the claimant proves one or more of the following activities by the seller: the seller was the manufacturer or participated in the design or installation of the product; the seller altered, modified, or expressly warranted the product in a manner not authorized by the manufacturer; the seller had actual knowledge of the defect in the product as a result of a recall from the manufacturer or governmental entity authorized to make such recall or actual inspection at the time the seller sold the product to the claimant; the seller had actual knowledge of the defect in the product at the time the seller supplied the product; the seller intentionally altered or modified a product warranty, warning, or instruction from the manufacturer in a way not authorized by the manufacturer; or the seller knowingly made a false representation about an aspect of the product not authorized by the manufacturer. Limits the seller's liability to the personal injury, monetary loss, or damage to property directly caused by such activity where a claimant proves one or more of such activities was negligent.
United States · United States Congress · 2 March 2015
Accelerating the End of Breast Cancer Act of 2015 Directs the President to establish the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to: (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress. Terminates the Commission on June 1, 2020.
United States · United States Congress · 2 March 2015
Credit Union Small Business Jobs Creation Act Amends the Federal Credit Union Act to prohibit an insured credit union from making any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time exceeding either: (1) 1.75 times the actual net worth of the credit union, or (2) 12.25% of the total assets of the credit union. Authorizes the National Credit Union Administration Board to approve an application by an insured credit union to make one or more member business loans that would result in a total amount of such loans outstanding at any one time of up to 27.5 % of the total assets of the credit union, if the credit union meets specified safety and soundness criteria. Prohibits an insured credit union that has made such a member business loan but that is not well capitalized from making any new member business loans until it becomes well capitalized and obtains Board approval. Directs the Board to develop a tiered approval process, including lending standards, under which an insured credit union gradually increases the amount of member business lending in a manner consistent with safe and sound operations. Directs the Comptroller General to study the status of member business lending by insured credit unions.
United States · United States Congress · 27 February 2015
Law Enforcement Access to Data Stored Abroad Act Amends the federal criminal code to authorize a governmental entity to require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued by a court of competent jurisdiction. Authorizes such a warrant to require such disclosure regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider if the holder of the account the contents of which are sought by the warrant is a U.S. person. Requires a court, on a service provider's motion, to modify or vacate such a warrant upon finding that it would require the provider to violate the laws of a foreign country. Sets forth requirements for government notification of provider customers or subscribers regarding the receipt of communication contents pursuant to such a warrant. Directs the Attorney General to: (1) establish a form for use by a foreign government filing a mutual legal assistance treaty (MLAT) request; (2) establish an online docketing system for all MLAT requests; and (3) publish statistics annually on MLAT requests made by the Department of Justice (DOJ) to foreign governments, and by foreign governments to DOJ, to obtain the contents of communications or other information or records from a provider of electronic communications or remote computing services. Expresses the sense of Congress that: (1) data localization requirements imposed by foreign governments on data providers are incompatible with the borderless nature of the Internet, an impediment to online innovation, and unnecessary to meet the needs of law enforcement; and (2) DOJ, the Department of State, and the U.S. Trade Representative should pursue open data flow policies with foreign nations.
United States · United States Congress · 27 February 2015
Legal Workforce Act Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.) Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization. Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States. Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. Requires reverification of the following workers who have not been verified under E-verify: (1) federal, state, or local government employees; (2) certain employees who require a federal security clearance; and (3) certain employees assigned to work in the United States under a federal or state contract. Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed). Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies. Requires EEVS to provide employers with: (1) temporary verification or nonverification within 3 working days of an inquiry; and (2) in the case of nonverification, a final verification or nonverification within 10 working days. Sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors. Provides for the establishment of programs to: (1) block the use of misused social security numbers, and (2) suspend or limit the use of Social Security numbers of victims of identity fraud. Requires an employer who uses the photo matching tool as part of the E-Verify system to match the photo tool photograph to both the photograph on the identity or employment eligibility document provided by the employee and to the face of the employee submitting the document. Directs the Secretary to: (1) establish a program under which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor for the purposes of the employment eligibility verification system, and (2) establish an Identity Authentication Employment Eligibility Verification pilot program to provide employers with identity authentication and employment verification of enrolled new employees.
United States · United States Congress · 27 February 2015
Urges the Secretary of State, the Attorney General, and other relevant U.S. government agencies and officials to work with the European Union and European governments to encourage further efforts to address anti-Semitism.
United States · United States Congress · 27 February 2015
Asylum Reform and Border Protection Act of 2015 Amends the Immigration and Nationality Act to prohibit the government from bearing any expense of counsel for any person in a removal or related appeal proceedings. Adds an additional requirement in order to establish a credible fear of persecution claim in an asylum interview. Limits humanitarian and public interest parole authority. Prohibits the Secretary of Homeland Security (DHS) from using parole authority for an alien who is ineligible for refugee status. Amends the Homeland Security Act of 2002 to revise the definition of "unaccompanied alien child" (UAC). Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to extend the period of time for a federal department or agency to: (1) notify the Department of Health and Human Services (HHS) that it has apprehended or discovered a UAC or an alien who is under 18 years old, and (2) transfer a UAC to HHS custody. Provides for HHS-DHS information sharing concerning UACs. Prohibits aUAC from applying for asylum if such child may be removed to a safe third country. Provides for additional immigration judges and U.S. Immigration and Customs Enforcement attorneys. Directs the Secretary of State to suspend all foreign assistance to certain countries that refuse to: (1) negotiate a child repatriation agreement, or (2) accept from the United States repatriated UACs who are nationals or residents of the sending country. Directs the Secretary of State to provide certain foreign assistance for repatriation and reintegration purposes. Places the burden of proof on an an alien to establish that: (1) the alien's life or freedom would be threatened in a country to which he or she is scheduled to be removed to from the United States; and (2) that race, religion, nationality, membership in a particular social group, or political opinion would be at least one central reason for such threat. Makes inadmissible an alien who has committed acts of torture, extrajudicial killings, war crimes, systematic attacks on civilians, persecution, or enforced disappearance of persons. Authorizes the President to make such alien's visa records public. Terminates the refugee or asylee status of an alien who: without a compelling reason returns to the country of such alien's nationality or, in the case of an alien having no nationality, returns to the country in which such alien last habitually resided; and applied for such status because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Makes such provision inapplicable to an alien who is eligible for adjustment to lawful permanent resident status pursuant to the Cuban Adjustment Act of 1966. Allows up to 500 grants of asylum per fiscal year to families fleeing home school persecution. Requires that a written warning be included in an asylum application advising the alien of the consequences of filing a frivolous application. States that if an alien's asylum status is subject to termination the immigration judge shall first determine whether the termination conditions have been met, and if so, terminate the alien's asylum status before considering whether the alien is eligible for adjustment of status.
United States · United States Congress · 27 February 2015
Michael Davis, Jr. in Honor of State and Local Law Enforcement Act Amends the Immigration and Nationality Act (INA) and related federal law with respect to immigration law enforcement within the United States. Authorizes: (1) states or their political subdivisions to enact and enforce immigration criminal penalties as long as they do not exceed relevant federal criminal penalties; and (2) state or local law enforcement personnel to investigate, apprehend, arrest, or transfer to federal custody aliens for immigration enforcement purposes to the same extent as federal law enforcement personnel. Directs the Department of Homeland Security (DHS) to provide the National Crime Information Center (NCIC) of the Department of Justice (DOJ) with all information that DHS has regarding any alien: (1) against whom a final order of removal has been issued, (2) who has entered into a voluntary departure agreement, (3) who has overstayed his or her authorized period of stay, or (4) whose visa has been revoked. Requires NCIC to enter such information into its Immigration Violators File. Requires: (1) states to have access to federal programs or technology directed at identifying inadmissible or deportable aliens, and (2) states and their political subdivisions to provide DHS with specified identifying information about each apprehended alien who is believed to be inadmissible or deportable. Directs DHS to make grants to states and their political subdivisions for procurement of equipment, technology, and facilities related to investigating, apprehending, arresting, or transporting inadmissible or deportable aliens. Directs DHS to construct or acquire additional domestic detention facilities for aliens detained pending removal. Amends the INA regarding illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local request, and (2) state or local compensation for related incarceration and transportation costs. Directs the DOJ or DHS to ensure that an alien subject to removal is detained in an adequate state or local prison, detention center, or other comparable facility. Directs DHS to establish immigration-related training for state and local personnel. Provides personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties. Directs DHS to continue to operate a program that: (1) identifies removable criminal aliens in federal and state correctional facilities, (2) ensures that such aliens are not released into the community, and (3) removes them from the United States after the completion of their sentences. Extends such program to all states. Requires states that receive state criminal alien assistance program (SCAAP) funds to comply with program requirements. Authorizes state or local detention of certain aliens, in specified circumstances, after completion of their state or local prison sentence. Authorizes appropriations for SCAAP. Transfers SCAAP jurisdiction from DOJ to DHS. Requires states and localities to: (1) notify the federal government of inadmissible or removable aliens who are encountered by law enforcement personnel, and (2) comply with federal law enforcement information requests and with DHS detainers. Denies specified federal law enforcement assistance to a state or a political subdivision that prohibits law enforcement officers from cooperating with federal immigration law enforcement. Revises certain terrorism-related requirements and prohibitions with respect to naturalization, asylum, good moral character, voluntary departure, and cancellation of removal. Authorizes: (1) the denaturalization of a person who participates in terrorist activities or violent or unlawful activities aimed at the overthrow of the United States; and (2) the use or publication by DHS of certain legalization or special agricultural worker status information for any purpose relating to terrorism, national intelligence, or national security. Requires security and background checks and investigations of suspected immigration irregularities to be completed before specified immigration-related statuses and benefits may be granted or adjudicated. Revises and expands the definition of "aggravated felony" under INA. Makes such changes retroactive. Adds new grounds of inadmissibility for: (1) identity fraud or Social Security number misuse; (2) unlawful procurement of citizenship or naturalization; (3) specified firearm offenses; (4) conviction of an aggravated felony; and (5) crimes of domestic violence, stalking, or child abuse. Makes such additions retroactive. Adds new grounds of deportability for: (1) identity fraud or Social Security number misuse, and (2) unlawful procurement of citizenship or naturalization. Makes such additions retroactive. Makes inadmissible an alien who plans to or has engaged in espionage, prohibited export, or other unlawful activities, including activities aimed at the violent overthrow of the U.S. government. Prohibits the sale of or possession of firearms by any alien who is not lawfully admitted for permanent residence. Amends the federal criminal code to place a 10-year statute of limitations on most criminal violations of INA. Makes: (1) aggravated felons ineligible for refugee, asylee adjustment of status, or any withholding of removal; and (2) a second DUI conviction an aggravated felony under INA. Revises requirements regarding: (1) detention and removal of aliens ordered removed, (2) alien smuggling and related offenses, and (3) reentry of removed aliens. Authorizes DHS to designate groups as criminal gangs. Requires detention for anyone found inadmissible or deportable for criminal street gang membership. Bars individuals found inadmissible or deportable for criminal gang membership from asylum, withholding of removal, and temporary protected status. Amends the federal criminal code to state that the government, in the prosecution of aggravated identity theft, need not prove the defendant knew that the means of identification was of another person. Subjects to specified criminal penalties for illegal entry an alien who knowingly: (1) enters or crosses the border at a place other than a designated port of entry; (2) evades inspection by an immigration, customs, or agricultural officer; (3) makes a false or misleading statement or conceals a material fact during examination or inspection while crossing the border; or (4) violates the conditions of U.S. admission or parole for 90 days or more. Increases penalties under the federal criminal code for certain immigration document and passport fraud activities, and authorizes forfeiture of property used in connection with them. Reduces the period during which an alien may seek judicial review of an expedited removal order based on criminal or security grounds. Subjects to such expedited removal procedures an individual inadmissible because of a criminal offense if the individual has not been admitted or paroled, does not have a credible fear of persecution, and is not eligible for relief from removal. Expands the grounds of inadmissibility and deportability to include violation of federal requirements regarding sex offender registration. Prohibits U.S. citizens and lawful permanent residents convicted of certain sex offenses from sponsoring an alien for admission unless DHS determines that such person poses no risk to the alien. Authorizes the DOJ to consider evidence extrinsic to an alien's conviction record to determine whether the conviction was based on conduct constituting a crime of moral turpitude or a domestic violence offense (which would make the alien deportable). States that a conviction for which a pardon has been issued shall not be grounds for deportability by reason of such conviction. Revises visa information sharing requirements. Prohibits waiver of a visa interview for an alien DHS determines to be a person of concern or in a class of aliens that are security threats. States that DHS: (1) shall have exclusive authority to issue regulations, establish policy, and administer all immigration or nationality laws relating to consular functions in connection with visa issuance or denial; and (2) may refuse or revoke any visa to an alien or class of aliens for U.S. security interests. Prohibits judicial review of a decision by DHS to refuse or revoke a visa. Authorizes a consular surcharge (in addition to immigrant visa fees) to fund the visa security program. Provides for expedited clearance and placement of DHS personnel at overseas embassies and consular posts. Revises accreditation requirements. Limits those individuals who may serve as a designated school official (DSO) or be granted access to the student and exchange visitor information system (SEVIS). Requires a background check of any person serving in such capacity. Authorizes DHS to suspend an institution's student and exchange visitor program (SEVP) certification for reasonable suspicion of fraud. Makes a person convicted of such fraud permanently ineligible to hold a position of authority or ownership at any such institution. Authorizes school officials to nominate as many DSO's in addition to their Principal DSO's as necessary and adequate to make recommendations to enrolled students on how to maintain nonimmigrant status. Requires an SEVP-participating institution or exchange visitor program sponsor to report to the DHS on students or exchange visitors with nonimmigrant status. Makes flight schools that are not certified by the Federal Aviation Administration (FAA) ineligible to access SEVIS. Requires SEVIS suspension for a school that loses or is denied accreditation. Directs DHS to authorize all DHS immigration enforcement agents and deportation officers who have successfully completed basic immigration law enforcement training to: (1) make arrests for offenses against the United States, for certain felonies, and for bringing in, transporting, or harboring certain aliens; (2) execute warrants of arrest for administrative immigration violations; and (3) carry firearms. Authorizes DHS to hire additional Immigration and Customs Enforcement (ICE) detention enforcement officers. Establishes: (1) an ICE Advisory Council; and (2) a pilot program in at least five of the busiest ICE offices to process electronically and serve charging documents, and process and place detainers while in the field. Directs DHS to increase the number of ICE deportation officers, support staff, and prosecutors. Requires semiannual DHS reports on countries that refuse or unreasonably delay repatriation of an alien who is a national of the country. Subjects countries that repeat on those lists to certain visa sanctions. Revises requirements and restrictions regarding: (1) voluntary departure, (2) reentry bars for aliens who remain in the United States after ordered removed, and (3) reinstatement of removal orders. Denies the use of certain funds to implement specified executive branch memoranda regarding the exercise of prosecutorial discretion in the apprehension, detention, and removal of aliens unlawfully present in the United States. Directs the Government Accountability Office to report on the deaths in custody of DHS detainees. Requires that, whenever possible, removal proceedings take place in the order in which aliens are placed in proceedings.
United States · United States Congress · 27 February 2015
Responsible Additions and Increases to Sustain Employee Health Benefits Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax exclusion for distributions from health flexible spending arrangements, to: (1) increase to $5,000, with an additional $500 for each additional employee dependent above two dependents, the maximum annual amount of funding for such plans, and (2) allow a carryforward into the next year for unused amounts in such plans.
United States · United States Congress · 27 February 2015
Distillery Excise Tax Reform Act of 2015 Amends the Internal Revenue Code to allow a reduction (from $13.50 to $2.70 on each proof gallon produced in the United States) in the excise tax on distilled spirits for domestic distillers who produce not more than 100,000 proof gallons of distilled spirits during the calendar year.
United States · United States Congress · 26 February 2015
Death Tax Repeal Act of 2015 Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and the lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount.
United States · United States Congress · 26 February 2015
Clean Water Compliance and Ratepayer Affordability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of at least 15 municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. A municipality is eligible to participate in the pilot program if the municipality is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee; or (2) operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. In carrying out the pilot program and in mutual agreement with participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches.
United States · United States Congress · 26 February 2015
This bill extends through December 31, 2019, the eligibility of Pension Benefit Guaranty Corporation pension recipients for the health care tax credit.
United States · United States Congress · 26 February 2015
Military Spouse Job Continuity Act of 2015 Amends the Internal Revenue Code to allow the spouse of a member of the Armed Forces (military spouse) who moves with such member to another state under a permanent change of station order a tax credit for up to $500 of qualified relicensing costs incurred by such spouse. Defines "qualified relicensing costs" as costs for a state license or certification to engage in the profession that such military spouse engaged in while residing in the former state.
United States · United States Congress · 25 February 2015
Critical Infrastructure Protection Act or CIPA Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to: (1) include EM threats in national planning scenarios; and (2) conduct a campaign to proactively educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government about EM threats. Defines "EM threat" to mean an electromagnetic pulse caused by: (1) a nuclear or non-nuclear device, including by an act of terrorism; or (2) a geomagnetic disturbance or other naturally occurring phenomenon. Directs DHS to conduct research and development to mitigate the consequences of EM threats, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EM threats; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EM threats; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EM threats; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EM threats. Includes among the responsibilities of DHS, relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a comprehensive plan to protect and prepare the critical infrastructure of the American homeland against EM threats, including from acts of terrorism; and (2) biennial updates of such plan.
United States · United States Congress · 25 February 2015
Pilot's Bill of Rights 2 This bill directs the Federal Aviation Administration (FAA) to issue or revise medical certification regulations to ensure that an individual may operate as a pilot of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under federal law if the flight meets certain criteria and the individual: possesses a valid state driver's license, complies with applicable medical requirements associated with that license, is transporting five or fewer passengers, and is operating under visual or instrument flight rules. "Covered aircraft" is one that: is not authorized under federal law to carry more than six occupants, and has a maximum certificated takeoff weight of no more than 6,000 pounds. The FAA may not take enforcement action against a pilot of a covered aircraft for not holding a valid third-class medical certificate if the pilot and the flight meet such requirements, unless the FAA has published final regulations under this Act in the Federal Register. The Pilot's Bill of Rights is amended to authorize any persons adversely affected by an FAA decision to deny, suspend, or revoke a covered certificate or impose a civil penalty to file an appeal with the National Transportation Safety Board or, without further administrative review, in the U.S. district court or the U.S. District Court for the District of Columbia. This subjects all FAA-issued certificates involving an adverse action to review. "Covered certificate" means, in addition to an airman certificate (as under current law), a design organization certificate, holder of type certificate, production certificate, airworthiness certificate, air carrier operating certificate, airport operating certificate, air agency certificate, air navigation facility certificate, or medical certificate. Requirements are prescribed or revised for FAA: failure to notify an individual who is the subject of an investigation regarding the approval, denial, suspension, modification, or revocation of a covered certificate; provision to persons holding a covered certificate of the releasable portion of an investigative report before issuing an emergency order relating to the investigation; response to a written request by a certificate-holding repair station subject to an investigation to withdraw from or settle a proceeding relating to the investigation within 30 days after receiving the request; and reexamination of airmen certificates where there are reasonable grounds to question an airman's lack of competence or believe a certificate was obtained through fraud. The FAA may not take enforcement action against an individual for violation of a Notice to Airmen (NOTAM) regarding airspace system information until the FAA certifies its compliance with certain NOTAM Improvement program requirements, as amended by this Act. The FAA, upon receiving a request for a covered flight record not in its possession, shall request the record from a FAA contract tower or other FAA contractor possessing it. Any individual designated by the FAA to act as an FAA representative shall be shielded from liability in a civil action for actions performed with reasonable care in connection with related duties. The Volunteer Protection Act of 1997 is amended to shield from liability a volunteer pilot that flies for a volunteer pilot nonprofit organization for public benefit an aircraft for which the volunteer was properly licensed and insured. The staff, mission coordinators, officers, and directors of the nonprofit organization shall also be shielded from liability, provided certain conditions are met.
United States · United States Congress · 24 February 2015
Small Business Investment Company Capital Act of 2015 Amends the Small Business Investment Act of 1958 to increase from $225 million to $350 million the maximum amount of outstanding leverage to be made available by the Small Business Administration to two or more commonly controlled small business investment companies not under capital impairment.
United States · United States Congress · 24 February 2015
Declares that Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.
United States · United States Congress · 13 February 2015
Concrete Masonry Products Research, Education, and Promotion Act of 2015 This bill directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products. Any such order must provide for the establishment of a Concrete Masonry Products Board to carry out a program of promotion, research, and information regarding concrete masonry products. Manufacturers and importers shall maintain, and make available, specified records. An order must also provide that assessments be paid by concrete masonry product manufacturers with respect to concrete masonry products manufactured and marketed in the United States. Assessment rates are specified. At least 50% of the assessments paid by a manufacturer must be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. During the 60-day period preceding the proposed effective date of an order, the Secretary shall conduct a referendum for order approval among the manufacturers required to pay assessments under it. Referendum procedures are outlined. The bill allows petition and review of an order, and order enforcement through U.S. district courts. The Secretary: (1) may conduct appropriate investigations in order to administer this Act (with power of subpoena); and (2) must suspend or terminate any order or provision that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.
United States · United States Congress · 13 February 2015
English Language Unity Act of 2015 Establishes English as the official language of the United States. Requires naturalization ceremonies and official functions of the U.S. government, subject to exceptions, to be conducted in English. Declares that all citizens should be able to read and understand generally the English language text of U.S. laws. Allows a person injured by a violation of this Act to obtain relief, including a declaratory judgment, in a civil action. Declares that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with U.S. laws. Requires any ambiguity in U.S. laws to be resolved in accordance with the rights retained by the people and the powers reserved to states under the Bill of Rights. Directs the Department of Homeland Security to issue a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 13 February 2015
Concealed Carry Reciprocity Act of 2015 Amends the federal criminal code to authorize a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, and who is carrying a valid, government-issued identification document containing that person's photograph and a valid permit issued by any state to carry a concealed firearm, to possess or carry a concealed handgun (other than a machine gun or destructive device) in any other state that permits residents to carry a concealed firearm, in accordance with the restrictions of that state. Makes presentation of facially valid documents prima facie evidence that the individual has a license or permit as required.
United States · United States Congress · 13 February 2015
Capital Access for Small Businesses and Jobs Act Amends the Federal Credit Union Act to empower federal credit unions to receive payments on certain uninsured non-share accounts, subject to such terms, rates, and conditions as may be established by the board of directors, within limitations prescribed by the National Credit Union Administration Board (Board). Requires any Board-prescribed system of prompt corrective action to take into account that credit unions rely predominantly (under current law, must rely) upon retained earnings to build net worth. Redefines "net worth" with respect to any insured credit union (other than a low-income credit union) to include uninsured non-share capital accounts that: do not alter the cooperative nature of the credit union; are subordinate to all other claims against the credit union, including the claims of creditors, shareholders, and the National Credit Union Share Insurance Fund; are available to cover operating losses in excess of retained earnings and, to the extent so applied, will not be replenished; if they have a stated maturity, have an initial maturity of at least five years, and their net worth may be discounted at the Board's discretion when the remaining maturity is less than five years; are subject to disclosure and consumer protection requirements as determined by the Board; are offered by a credit union that is sufficiently capitalized and well-managed; and are subject to such rules and regulations as the Board may establish.
United States · United States Congress · 13 February 2015
Supporting Academic Freedom through Regulatory Relief Act Repeals certain Department of Education (ED) regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define "credit hour." Prohibits ED from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, (2) the definition or application of the term "gainful employment," or (3) a teacher preparation program accountability system. Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits ED from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA. Prohibits ED from carrying out, developing, refining, promulgating, publishing, implementing, administering, or enforcing a postsecondary institution ratings system or any other performance system to rate IHEs. Amends title IV (Student Assistance) of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity.
United States · United States Congress · 13 February 2015
Startup Act Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to adjust to conditional permanent resident status up to 50,000 aliens who have earned a master's or doctorate degree in a science, technology, engineering, or mathematics field (STEM field) and permit such an alien to remain in the United States: (1) for up to one year after the expiration of the alien's student visa, if the alien is searching for STEM field employment; and (2) indefinitely if the alien remains actively engaged in a STEM field. Removes a STEM alien's conditional status after five years of maintaining eligibility during the entire five-year period. Authorizes the Secretary to issue conditional immigrant visas to up to 75,000 qualified alien entrepreneurs. Removes such conditional basis after four years of maintaining qualified entrepreneur status. Eliminates the per-country numerical limitation for employment-based visas. Increases the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual People's Republic of China immigrant visas to offset status adjustments under such Act. Amends the Internal Revenue Code to: (1) provide a permanent full tax exclusion on gain from the sale or exchange of qualified small business stock held for more than five years, (2) repeal the minimum tax preference and the 28% capital gains rate on such stock, and (3) provide a limited tax credit for certain startup small businesses. Directs the Secretary of Commerce to use certain federal agency extramural budget funds to award grants to institutions of higher education for initiatives to improve commercialization and transfer of technology. Requires the head of any federal or independent regulatory agency, before issuing a notice of rule making in connection with the issuance of a proposed major rule, to complete a review that, among other things, analyzes the problem that the rule intends to address, and identifies and analyzes the rule's expected impact on state, local, and tribal governments, as well as on the ability of new businesses to form and expand. Requires a cost-benefit analysis before rule issuance. Directs the Secretary of Commerce to regularly compile: (1) information from each of the states and the District of Columbia on laws that affect the formation and growth of new businesses, and (2) quantitative and qualitative information on U.S. businesses that are not more than one year old.
United States · United States Congress · 12 February 2015
Designates the Department of Veterans Affairs community based outpatient clinic in Newark, Ohio, as the "Daniel L. Kinnard Department of Veterans Affairs Community Based Outpatient Clinic."
United States · United States Congress · 12 February 2015
United States-Jordan Defense Cooperation Act of 2015 Expresses the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to the Hashemite Kingdom of Jordan is fully consistent with U. S. security and foreign policy interests and the objectives of world peace and security. Amends the Arms Export Control Act to include Jordan among the countries eligible for certain streamlined defense sales. Amends the Foreign Assistance Act of 1961 to include Jordan among the countries not required to be included in the annual foreign military training report submitted by the Department of Defense and the Department of State to Congress. Authorizes the Department of State to enter into a Memorandum of Understanding with Jordan to increase military cooperation, including joint military exercises, personnel exchanges, support for international peacekeeping missions, and enhanced strategic dialogue.
United States · United States Congress · 12 February 2015
Comprehensive Addiction and Recovery Act of 2015 Directs the Department of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force to develop: (1) best practices for pain management and prescribing pain medication, and (2) a strategy for disseminating such best practices. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to: states (with priority to states that provide civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses), local governments, and nonprofit organizations to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery; organizations that have received a grant under the Drug-Free Communities Act of 1997 to implement comprehensive community-wide strategies that address local drug crises; states (with priority to states that provide civil liability protection for administering naloxone), local governments, Indian tribes, and nonprofit organizations for treatment alternative to incarceration programs for individuals who have come into contact with the juvenile or criminal justice system or have been arrested or charged with an offense, who have a substance use disorder, mental illness, or both, and who have been approved for participation in such a program; state, local, or tribal law enforcement agencies to create a demonstration law enforcement program to prevent opioid and heroin overdose death; state, local, or tribal law enforcement agencies, manufacturers, distributors, or reverse distributor of prescription medications, retail pharmacies, registered narcotic treatment programs, hospitals or clinics with an on-site pharmacy, eligible long-term care facilities, or any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications to expand or make available disposal sites for unwanted prescription medications; states (with priority to states that provide civil liability protection for administering naloxone), local governments, and Indian tribes to implement medication assisted treatment programs through their criminal justice agencies; states, local governments, nonprofit organizations, and Indian tribes for educational programs for incarcerated offenders; state substance abuse and criminal justice agencies, jointly, to address the use of opioids and heroin among pregnant and parenting female offenders in a state to promote public safety, public health, family permanence, and well-being; establish or expand veterans treatment court programs, peer to peer services or programs for qualified veterans, practices that identify and provide treatment, rehabilitation, legal, and transitional services to incarcerated veterans, and training programs to teach criminal justice, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving veterans; and states to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. Amends the Public Health Service Act to authorize the Center for Substance Abuse Treatment to award grants to enable state substance abuse agencies, local governments, nonprofit organizations, and Indian tribes or tribal organizations that have a high rate of, or have had a rapid increase in, the use of heroin or other opioids to expand activities, including medication assisted treatment, for the treatment of addiction in the geographical areas affected. Authorizes the Recovery Branch of the Office of National Drug Control Policy to award grants to: (1) enable high schools and colleges with substance abuse recovery programs and nonprofit organizations to provide substance abuse recovery support services to high school and college students, to help build communities of support for young people in recovery, and to encourage initiatives designed to help young people achieve and sustain recovery; and (2) enable recovery community organizations to develop, expand, and enhance recovery services. Amends the Higher Education Act of 1965 to prohibit the Department of Education from including any question about the conviction of an applicant for the possession or sale of illegal drugs on the Free Application for Federal Student Aid form. Directs HHS to establish a bipartisan Task Force on Recovery and Collateral Consequences to: (1) identify collateral consequences for individuals with drug convictions who are in recovery for a substance use disorder, and (2) determine whether such consequences unnecessarily delay such individuals from resuming their personal and professional activities. Amends the Omnibus Crime Control and Safe Streets Act to direct the Attorney General to report annually on how grants awarded under such Act are used for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. Expresses the sense of Congress that the amounts expended to carry out this Act should be offset by a corresponding reduction in federal non-defense discretionary spending. Directs the Comptroller General to report on the impact that the Medicaid Institutions for Mental Disease exclusion (defined as the prohibition on federal matching payments under Medicaid for patients who have attained age 22, but have not attained age 65, in an institution for mental diseases) has on access to treatment for individuals with a substance use disorder.
United States · United States Congress · 12 February 2015
Constitutional Concealed Carry Reciprocity Act of 2015 Amends the federal criminal code to authorize a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, who is entitled and not prohibited from carrying a concealed firearm in his or her state of residence or who is carrying a valid state license or permit to carry a concealed weapon, and who is carrying a government-issued photographic identification document, to carry a concealed handgun (which has been shipped or transported in interstate or foreign commerce, other than a machine gun or destructive device) in any state in accordance with the restrictions of that state. Provides that in a state that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual license or permit holders, an individual carrying a concealed handgun under this Act shall be permitted to carry it according to the same terms authorized by an unrestricted license or permit issued by such state.
United States · United States Congress · 12 February 2015
This bill repeals a provision of the Patient Protection and Affordable Care Act that imposes an annual fee on a health insurance provider based on its net premium income.
United States · United States Congress · 12 February 2015
Expresses the sense of the House of Representatives that: the Pacific Maritime Association and the International Longshore and Warehouse Union should swiftly conclude their contract negotiations with the assistance of a federal mediator; and if they do not reach a settlement and a shutdown occurs, the President should use all tools at his disposal to end the dispute, including authority under the Labor-Management Relations Act, 1947 (Taft-Hartley Act), to intervene in the matter to protect the U.S. economy.
United States · United States Congress · 11 February 2015
Boys Town Centennial Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2017. Subjects all coin sales to specified surcharges, which shall be paid to Boys Town to carry out its cause of caring for and assisting children and families in underserved communities across America. Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government; and (2) no funds, including surcharges, will be disbursed to Boys Town until the total cost of designing and issuing all authorized coins is recovered by the Treasury.
United States · United States Congress · 11 February 2015
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are in issue and that property, or any property exchanged for it, is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States; or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. Grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if: the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. Denies immunity, however, in cases concerning rights in property taken in violation of international law in which: (1) the action is based upon a claim that the work was taken between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; (2) the court determines that the activity associated with the exhibition or display is commercial; and (3) that determination is necessary for the court to exercise jurisdiction over the foreign state.
United States · United States Congress · 11 February 2015
Ax the Tax on Middle Class Americans' Health Plans Act This bill repeals, effective for taxable years beginning after 2017, the excise tax on the excess benefit portion of high-cost employer-sponsored health care plans (known as Cadillac plans). The reporting requirement for such plans is also repealed for calendar years beginning after 2014.
United States · United States Congress · 11 February 2015
Simplifying Technical Aspects Regarding Seasonality Act of 2015 or the STARS Act Amends the Internal Revenue Code to exempt seasonal employees from the definition of "full-time employee" for purposes of the employer mandate to provide employees with minimum essential health care coverage. Defines "seasonal employee" as an employee who is employed in a position for which the customary annual employment is not more than six months and which requires performing labor or services that are ordinarily performed at certain seasons or periods of the year.
United States · United States Congress · 10 February 2015
Security in Bonding Act of 2015 Revises requirements related to assets pledged by a surety and to surety bond guarantees subject to the Small Business Investment Act of 1958. (A surety bond is a three-party instrument between a surety who agrees to be responsible for the debt or obligation of another, a contractor, and a project owner.) Declares that if another applicable law or regulation permits the acceptance of a bond from a surety that is not subject to specified federal law, and is based on a pledge of assets by the surety, the assets pledged by such surety shall: (1) consist of eligible obligations given as security instead of surety bonds; and (2) be submitted to the government official required to approve or accept the bond, who shall deposit the assets with a depository (the Secretary of the Treasury, a federal reserve bank, or a depository designated by the Secretary). Amends the Small Business Investment Act of 1958 to increase from 70% to 90% of the loss incurred and paid by a surety authorized to issue bonds (subject to Small Business Administration [SBA] guarantee) the SBA's guarantee of surety bonds. The SBA is required, under the guarantee, to indemnify a surety, under the Small Business Investment Program, against loss from a breach of the terms of a bid bond, payment bond, performance bond, or ancillary bonds, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $6.5 million, as adjusted for inflation. Requires the Comptroller General (GAO) to study: all instances during the 10-year period before enactment of the Act in which a surety bond proposed or issued by a surety in connection with a federal project was: (1) rejected by a federal contracting officer; or (2) accepted by one, but was later found to have been backed by insufficient collateral or to be otherwise deficient or with respect to which the surety did not perform; the consequences to the federal government, subcontractors, and suppliers of the instances; and the percentages of all federal contracts that were awarded to new startup businesses (including new startups that are small disadvantaged businesses or disadvantaged business enterprises), small disadvantaged businesses, and disadvantaged business enterprises as prime contractors in the two-year period before and the two-year period after enactment of this Act, together with an assessment of the impact of this Act and its amendments upon such percentages.
United States · United States Congress · 10 February 2015
New Markets Tax Credit Extension Act of 2015 Amends the Internal Revenue Code to: (1) make permanent the new markets tax credit, (2) provide for an inflation adjustment to the limitation amount for such credit after 2014, and (3) allow an offset against the alternative minimum tax for such credit (determined with respect to qualified equity investments initially made after the enactment of this Act).
United States · United States Congress · 10 February 2015
Lena Horne Recognition Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.
United States · United States Congress · 9 February 2015
Life at Conception Act Declares that the right to life guaranteed by the Constitution is vested in each human being at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual comes into being. Prohibits this Act from being construed to authorize the prosecution of any woman for the death of her unborn child.
United States · United States Congress · 9 February 2015
Thin Blue Line Act Amends the federal criminal code to make the killing or attempted killing of a law enforcement officer, firefighter, or other first responder an aggravating factor in death penalty determinations.
United States · United States Congress · 5 February 2015
North Country National Scenic Trail Route Adjustment Act This bill amends the National Trails System Act to revise the authorized route of the North Country National Scenic Trail to extend it to the Appalachian Trail in Vermont and to modify the route in northeastern Minnesota.
United States · United States Congress · 5 February 2015
Lawsuit Abuse Reduction Act of 2015 Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question. Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.
United States · United States Congress · 5 February 2015
Child Interstate Abortion Notification Act Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device: (1) to intentionally kill the unborn child of a woman known to be pregnant; or (2) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions.
United States · United States Congress · 5 February 2015
Medicare Access to Rehabilitation Services Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to repeal the caps on Medicare outpatient rehabilitation physical therapy services and speech-language pathology services.
United States · United States Congress · 5 February 2015
Fair Brewers Excise and Economic Relief Act or the Fair BEER Act This bill amends the Internal Revenue Code to revise the excise tax on beer brewed or produced, and removed for consumption or sale, within the United States or imported into the United States. The revised tax ranges from $0 for an amount not exceeding 7,143 barrels to $18 per barrel on an amount exceeding 2 million barrels.
United States · United States Congress · 5 February 2015
Innovation Act Directs a party alleging patent infringement in a civil action to include in the court pleadings, if the information is reasonably accessible, specified details concerning: each claim of each patent allegedly infringed; for each claim of indirect infringement, the acts of the alleged indirect infringer that contribute to, or are inducing, a direct infringement; the principal business of the party alleging infringement; the authority of the party alleging infringement to assert each patent and the grounds for the court's jurisdiction; each complaint filed that asserts any of the same patents; and whether the patent is essential or has potential to become essential to a standard-setting body, as well as whether the United States or a foreign government has imposed any specific licensing requirements. Requires courts to award prevailing parties reasonable fees and other expenses incurred in connection with such actions, unless: (1) the position and conduct of the nonprevailing party was reasonably justified in law and fact; or (2) special circumstances, such as severe economic hardship to a named inventor, make an award unjust. Directs courts, upon a motion of a party, to require another party to certify whether it will be able to pay any award of such fees and expenses. Allows the court, if a nonprevailing party is unable to pay such a fee, to make a joined party liable for the unsatisfied portion. Requires the court, upon a motion by a prevailing party defending against an allegation of infringement in a case in which the nonprevailing party alleging infringement is unable to pay an award of fees and expenses, to join an interested party if the prevailing party shows that the nonprevailing party has no substantial interest in the subject matter at issue other than asserting the patent claim in litigation. Defines "interested party" as a person, other than the party alleging infringement, that: (1) is an assignee of the patent; (2) has a right, including a contingent right, to enforce or sublicense the patent; or (3) has a direct financial interest in the patent, including the right to any part of an award of damages or licensing revenue. Limits discovery during a claim construction period to only the information necessary to determine the meaning of patent terms. Makes such limitation inapplicable to an action seeking a preliminary injunction against an allegedly infringing instrumentality that competes with a product or a process of the party alleging infringement. Allows parties to voluntarily consent to be excluded from patent discovery limitations under this Act and to instead proceed according to the Federal Rules of Civil Procedure. Expresses the sense of Congress that: (1) parties who send purposely evasive demand letters to end users alleging patent infringement are abusing the patent system in a manner that is against public policy, and (2) actions or litigation stemming from such purposeful evasion should be considered a fraudulent or deceptive practice and an exceptional circumstance when considering whether the litigation is abusive. Prohibits a claimant seeking to establish willful infringement from relying on evidence of pre-suit notification of infringement unless the notification provides specific information regarding the particular patent, claimant, and infringement. Requires plaintiffs, upon filing an initial complaint, to disclose to the U.S. Patent and Trademark Office (USPTO), the court, and each adverse party the identity of: (1) the assignee, (2) any entity with a right to sublicense or enforce the patent, (3) any entity that the plaintiff knows to have a specified financial interest in the patent or the plaintiff, and (4) the ultimate parent entity of any such identified assignee or entity. Directs plaintiffs, or subsequent owners of the patent, to provide the USPTO with updates after the initial identification. Requires courts to grant a motion to stay an action against a customer accused of infringing a patent based on a product or process under specified conditions when: (1) the manufacturer is a party to the action or to a separate action involving the same patent related to the same product or process; and (2) the customer agrees to be bound by any issues in common with, and finally decided as to, such manufacturer in the action to which the manufacturer is a party. Authorizes the court, if the manufacturer consents to or declines to appeal a judgment regarding an issue in common with such a customer, to determine, upon grant of a motion, that the consent judgment or unappealed decision is not binding on the customer. Directs the Judicial Conference of the United States to develop discovery rules for patent actions. Requires the Judicial Conference to consider proposals to delay determinations as to whether discovery of emails, text messages, or instant messages is appropriate until after the parties have exchanged initial disclosures and core documentary evidence. Requires the Supreme Court to eliminate the model patent infringement complaint form currently provided in the Federal Rules of Civil Procedure. Permits the Supreme Court to prescribe new model allegations that would notify accused infringers of specific information about patent claims. Requires courts in cross-border bankruptcy cases involving the recognition of a foreign proceeding under the Model Law on Cross-Border Insolvency to apply U.S. bankruptcy laws relating to the retention or termination of licensed intellectual property rights after a trustee has rejected an executory contract. Allows a licensee to elect to retain its right to intellectual property if a foreign representative rejects or repudiates a contract under which the debtor is the licensor. Expands the definition of "intellectual property" as it applies to the federal bankruptcy code to include trademarks, service marks, or trade names, thereby providing for trademark licenses to be retained instead of voided in bankruptcy. Directs the USPTO to notify the public on its website when a patent case is brought in federal court, including by providing information about the patent owners. Amends the Leahy-Smith America Invents Act (AIA) to: limit the grounds for invalidity of a patent claim that a post-grant review petitioner is prohibited, by estoppel, from asserting in subsequent civil actions or certain U.S. International Trade Commission proceedings to only those grounds that the petitioner actually raised during post-grant review; require claims of patent in post-grant and inter partes review proceedings to be construed in the same manner as a court would construe such claims in a civil action to invalidate the patent; codify judicial doctrine relating to the consideration of prior art in cases of double patenting for the purpose of determining the nonobviousness of a second patent's claimed invention, thereby specifying that such doctrine continues to apply under the AIA's first-inventor-to-file patent system; revise the transitional covered business method patent review program to expand the scope of prior art that may serve as the basis of a challenge and permit the USPTO to waive filing fees; and exclude any time consumed by an applicant's request for continued examination from the calculation of a patent term adjustment that is based on the USPTO failing to issue a patent within three years. Extends by an additional 10 years the duration of the patent pilot program under which certain U.S. district court judges can request to be assigned to patent cases. Extends from one year to 18 months the time limit for the USPTO to commence a misconduct proceeding to suspend or exclude a person from practicing before the USPTO once the misconduct forming the basis for the proceeding is made known to the USPTO. Reestablishes a requirement that international applications be filed in English.
United States · United States Congress · 4 February 2015
Email Privacy Act Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to a governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider, subject to exceptions. Revises provisions under which the government may require a provider to disclose the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service as opposed to a remote computing service. Requires the government to obtain a warrant from a court before requiring providers to disclose the content of such communications regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide a customer whose communications were disclosed by the provider a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity. Allows the government to request delays of such notifications. Prohibits disclosure requirements that apply to providers from being construed to limit the government's authority to use an administrative or civil discovery subpoena to require: (1) an originator or recipient of an electronic communication to disclose the contents of such communication, or (2) an entity that provides electronic communication services to its employees or agents to disclose the contents of an electronic communication to or from such employee or agent if the communication is on an electronic communications system owned or operated by the entity. Allows the government to apply for an order directing a provider, for a specified period, to refrain from notifying any other person that the provider has been required to disclose communications or records. Directs the Comptroller General to report to Congress regarding disclosures of customer communications and records under provisions: (1) as in effect before the enactment of this Act, and (2) as amended by this Act.
United States · United States Congress · 4 February 2015
Sunshine for Regulatory Decrees and Settlements Act of 2015 Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or governments. Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement. Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.
United States · United States Congress · 4 February 2015
Amends the Energy Policy and Conservation Act to repeal authority to restrict the export of: (1) coal, petroleum products, natural gas, or petrochemical feedstocks; and (2) supplies of materials or equipment necessary to maintain or further exploration, production, refining, or transportation of energy supplies, or for the construction or maintenance of energy facilities within the United States. Prohibits any federal official from imposing or enforcing any restriction on the export of crude oil. Requires the Secretary of Energy to study and make recommendations on the appropriate size, composition, and purpose of the Strategic Petroleum Reserve.
United States · United States Congress · 4 February 2015
Prevent Targeting at the IRS Act Amends the Internal Revenue Service Restructuring and Reform Act of 1998 to expand existing grounds for termination of the employment of an Internal Revenue Service employee to include performing, delaying, or failing to perform (or threatening to perform, delay, or fail to perform) any official action (including any audit) with respect to a taxpayer for purpose of extracting personal gain or benefit or for a political purpose.
United States · United States Congress · 4 February 2015
Equal Treatment of Public Servants Act of 2015 Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to replace the current windfall elimination provision (WEP) (that reduces the Social Security benefits of workers who also have pension benefits from employment not covered by Social Security) for individuals who: (1) become eligible for old-age insurance benefits after 2016 or would attain age 62 after 2016 and become eligible for disability insurance benefits after 2016, (2) subsequently become entitled to such benefits, and (3) have earnings derived from noncovered service performed after 1977. Establishes a new formula for the treatment of noncovered earnings in determining Social Security benefits. Prescribes a second formula to modify the WEP for current beneficiaries. Directs the Commissioner of Social Security to recover overpayments from certain individuals.