United States · United States Congress · 26 March 2015
Improving Access to Capital for Emerging Growth Companies Act Amends the Securities Act of 1933 (Act) to reduce from 21 to 15 the number of days before a "road show" that an emerging growth company (EGC), before its initial public offering (IPO) date, may publicly file a draft registration statement for confidential nonpublic review by Securities and Exchange Commission (SEC) staff. (A financial "road show" is an offer [other than a statutory prospectus or a portion of one] that contains a presentation regarding an offering by one or more members of the issuer's management and includes discussion of one or more of the issuer, such management, and the securities being offered. Typically, a road show is a series of meetings across different cities, often before an IPO, in which top executives from a company have the opportunity to talk with current or potential investors.) Prescribes a grace period during which an issuer that was an EGC at the time it filed a confidential registration statement for confidential SEC review, but is no longer one, shall continue to be treated as one. Authorizes an EGC, within one year of its IPO, to submit confidentially to the SEC a draft registration statement for any securities to be issued subsequent to its IPO (follow-on offerings) for confidential nonpublic review by SEC staff before publicly filing a registration statement, if the initial confidential submission, including amendments, is publicly filed with the SEC within two days before it issues those follow-on offerings. Amends the Jumpstart Our Business Startups Act to direct the SEC to revise its general instructions on Form S-1 to prescribe conditions under which a registration statement that is filed by an issuer (or submitted for confidential review) before its IPO may omit financial disclosure information for historical periods otherwise required.
United States · United States Congress · 25 March 2015
Safe and Accurate Food Labeling Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the developer of a bioengineered organism intended as food to submit a premarket biotechnology notification to the Food and Drug Administration (FDA). A “bioengineered organism” (commonly called a “genetically modified organism” or “GMO”) is a plant or part of a plant that has been modified through recombinant DNA techniques in a way that could not be obtained using conventional breeding techniques. The premarket notification must include the developer’s determination that food from, containing, or consisting of the GMO (GMO food) is as safe as a comparable non-GMO food. For the GMO to be sold as food, the FDA must not object to the developer’s determination. If the FDA determines that there is a material difference between a GMO food and a comparable non-GMO food, the FDA can specify labeling that informs consumers of the difference. A food label can only claim that a food is non-GMO if the ingredients are subject to certain supply chain process controls. No food label can suggest that non-GMO foods are safer than GMO foods. A food can be labeled as non-GMO even if it is produced with a GMO processing aid or enzyme or derived from animals fed GMO feed or given GMO drugs. The FDA must allow, but not require, GMO food to be labeled as GMO. The FDA must regulate the use of “natural” on food labels. This bill amends the Agricultural Marketing Act of 1946 to require the Agricultural Marketing Service to establish a program to certify non-GMO food. This bill preempts state and local restrictions on GMOs or GMO food and labeling requirements for GMOs, GMO food, non-GMO food, or “natural” food.
United States · United States Congress · 25 March 2015
Lymphedema Treatment Act This bill amends title XVIII (Medicare) of the Social Security Act to cover certain lymphedema compression treatment items as durable medical equipment under Medicare. (Lymphedema is a condition of localized fluid retention and tissue swelling that is caused when the lymphatic system is damaged or blocked.)
United States · United States Congress · 25 March 2015
Biennial Budgeting and Enhanced Oversight Act of 2015 This bill amends the Congressional Budget Act of 1974, the Congressional Budget Impoundment and Control Act of 1974, and the Rules of the House of Representatives to change the process for the President's budget submission, congressional budget resolutions, appropriations bills, and government strategic and performance plans from the current annual process to a biennial process, in which a biennium is the two consecutive fiscal years beginning on October 1 of any odd-numbered year. The House Budget Committee must use the second session of each Congress to study issues with long-term budgetary and economic implications. The bill creates a point of order in the House and Senate against authorizations of appropriations that do not include specific authorizations covering at least each fiscal year in one or more bienniums.
United States · United States Congress · 23 March 2015
Financial Stability Oversight Council Improvement Act of 2015 Amends the Financial Stability Act of 2010 to require the Financial Stability Oversight Council, when determining whether to subject a U.S. or a foreign nonbank financial company to supervision by the Board of Governors of the Federal Reserve System (Board), including prudential standards, to consider the appropriateness of imposing such standards as opposed to other forms of regulation to mitigate identified risks to U.S. financial stability. Directs the Council to: (1) reevaluate annually its determinations regarding a nonbank financial company under Board supervision, and (2) provide the company written notice and opportunity to submit written materials contesting a determination Permits a nonbank financial company, every five years after the Council's final determination, to request a reevaluation of it. Prescribes procedural requirements for proposed Council determinations and final decisionmaking. Directs the Council every five years to study: (1) the impact of its determinations to subject nonbank financial companies to Board supervision and prudential standards, and (2) whether such determinations have the intended result of improving domestic financial stability.
United States · United States Congress · 19 March 2015
Korean War Veterans Memorial Wall of Remembrance Act of 2015 Authorizes a Wall of Remembrance, as part of the previously authorized Korean War Veterans Memorial, to include: (1) a list by name of members of the U.S. Armed Forces who were killed in action; (2) the number of members who were wounded, listed as missing in action, or prisoners of war; and (3) the number of members of the Korean Augmentation to the U.S. Army, the Republic of Korea Armed Forces, and the other nations of the United Nations (U.N.) Command who were killed, wounded, missing, or prisoners. Prohibits using any federal funds to construct the Wall.
United States · United States Congress · 19 March 2015
Taking Account of Bureaucrats' Spending Act of 2015 or the TABS Act of 2015 This bill amends the Consumer Financial Protection Act of 2010 to eliminate provisions that fund the Consumer Financial Protection Bureau (CFPB) using transfers from the earnings of the Federal Reserve System. The transfers under current law permit the CFPB to be funded outside of the annual appropriations process, and this bill brings the CFPB into the regular process.
United States · United States Congress · 19 March 2015
Policyholder Protection Act of 2015 This bill amends the Federal Deposit Insurance Act to declare that any action of the Federal Deposit Insurance Corporation (FDIC) that requires a bank holding company to provide funds or other assets to a subsidiary depository institution is neither effective nor enforceable with respect to a savings and loan holding company that is also an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and directly or indirectly controls an insured depository institution (entities) if: such funds or assets are to be provided by the entity, and the relevant state insurance authority determines that such an action would have a materially adverse effect on the entity's financial condition. The bill declares that requiring a bank holding company that is an insurance company to serve as a source of financial strength shall be deemed the kind of action of the Board of Governors of the Federal Reserve System that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for specified purposes of the Bank Holding Company Act of 1956. The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, with respect to systemic risk determination and the treatment of insurance companies and their subsidiaries, to authorize the FDIC to stand in the place of the appropriate regulatory agency and file a judicial action to place such companies into orderly rehabilitation under state law if the appropriate regulatory agency has not done so. The FDIC, when funding the orderly liquidation of an insurance company or its subsidiary, shall notify the relevant state insurance authority promptly of its intention to take a lien on the company's assets. The FDIC may not take such a lien, however, if the state insurance authority informs it that doing so would have a materially adverse effect upon the insurance company's policyholders.
United States · United States Congress · 18 March 2015
Infection Reduction Labeling Act This bill amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to authorize solid antimicrobial copper alloys, and products made from such alloys, to be marketed, distributed, or sold with labels about their infection reduction and control efficacy if the antimicrobial claims made on the label are consistent with the results of federally-funded clinical trials finding: (1) greater than 25% reductions in infection rate or 50% reductions in microbial burden, or (2) statistically significant reductions in infection rate or microbial burden. Requirements to submit or review efficacy data related to the antimicrobial claims are waived for these alloys if the claims are consistent with the results of the trials. An alternative process to modify the labeling of an alloy may be used in lieu of the current process. This bill amends the Federal Food, Drug, and Cosmetic Act to exclude a product that is made from the alloy and has the antimicrobial labeling from regulation and treatment as a drug or device.
United States · United States Congress · 17 March 2015
American Jobs and Community Revitalization Act of 2015 Directs the Consumer Financial Protection Bureau (CFPB) to establish an application process under which a person who lives or does business in a state may apply to have an area in the state identified as a rural area if it has not yet been so designated by the CFPB for purposes of federal consumer financial law. Prescribes criteria for the CFPB to consider when evaluating the application. Requires the CFPB to: (1) grant or deny the application within 90 days after the public comment period ends; and (2) publish the grant or denial in the Federal Register, including an explanation of the factors upon which the CFPB relied in making its determination. Amends the Truth in Lending Act to create a safe harbor from lawsuit for creditors that are depository institutions for any failure to comply with certain requirements with respect to a residential mortgage loan, and the banking regulators are required to treat such a loan as a qualified mortgage, if the creditor has, since the loan's origination, held it on its balance sheet and all prepayment penalties with respect to the loan comply with specified limitations. A safe harbor from lawsuit is also created for mortgage originators for steering a consumer to a residential mortgage loan if: (1) the creditor is a depository institution and has informed the mortgage originator that it intends to hold the loan on its balance sheet for the life of the loan, and (2) the mortgage originator informs the consumer that the creditor intends to do so. Requires the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency, the Board of Governors of the Federal Reserve System, CFPB, the National Credit Union Administration, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, before issuing a regulation or order, to assess other federal regulations and orders to determine whether the agency's proposal is in conflict with, is inconsistent with, or is duplicative of such other regulations or orders and whether such other federal regulations or orders are outdated. Amends the Federal Deposit Insurance Act to double the maximum asset size of certain small insured depository institutions that qualify for an onsite examination by the appropriate federal banking agency every 18 months instead of every 12 months. Directs the Secretary of the Treasury to issue final rules to exempt depository institutions from reporting requirements with respect to a monetary instrument transaction involving a qualified customer. Requires the Director of the Financial Crimes Enforcement Network (FinCEN) to report annually to Congress on how the FinCEN data access service and the information it collects are used to detect and prevent money laundering, terrorist financing, and other financial crimes. Directs the Secretary to establish operating procedures with respect to the government-wide data access service and the FinCEN financial crimes communications center which provide for appropriate metrics to monitor, track, assess, and report on access to information in the FinCEN data access service. Amends the Dodd-Frank Wall Street and Consumer Protection Act to direct the appropriate federal banking agencies to issue final regulations authorizing S corporation banks to make dividend distributions under their capital conservation buffer for payment of taxes arising from bank activities.
United States · United States Congress · 17 March 2015
Clean Air, Strong Economies Act This bill prohibits the Environmental Protection Agency (EPA) from lowering its national ambient air quality standards (NAAQS) for ozone until at least 85% of counties that are in nonattainment areas (counties that are exceeding the limit) have attained the standard. In promulgating a primary or secondary NAAQS for ozone, the EPA must: only consider a county to be a nonattainment area on the basis of direct air quality monitoring (rather than modeling); take into consideration feasibility and cost; and include in the regulatory impact analysis for the proposed and final rule at least one analysis that does not include any calculation of benefits resulting from reducing emissions of any pollutant other than ozone.
United States · United States Congress · 4 March 2015
Songwriter Equity Act of 2015 Amends federal copyright law regarding the exclusive rights of sound recording copyright owners to remove a provision that prohibits license fees payable for the public performance of sound recordings, by means of a digital audio transmission, from being taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royalties payable to copyright owners of musical works for the public performance of their works. Requires Copyright Royalty Judges (CRJs), when setting royalty rates under the compulsory license available for the reproduction and distribution of musical works (commonly referred to as a "mechanical license"), to establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and seller. Requires CRJs, in establishing such rates and terms, to base their decision on marketplace, economic, and use information presented by the participants. Allows consideration of comparable uses and circumstances under voluntary license agreements.
United States · United States Congress · 4 March 2015
Child Welfare Provider Inclusion Act of 2015 Prohibits the federal government, and any state that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSAct), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. Bars such prohibition from applying to SSAct requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. Requires the Department of Health and Human Services to withhold 15% of the federal funds that a state receives for such programs if the state violates this Act. Allows an aggrieved child welfare service provider to assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs).
United States · United States Congress · 4 March 2015
Systemic Risk Designation Improvement Act of 2015 Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council to subject a bank holding company to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System, if the Council makes a final determination that either material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. Requires that final determination to be based upon specified factors, using an indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance. Deems any bank holding company designated as a Global Systemically Important Bank by the Financial Stability Board, as of the date of enactment of this Act, to have been the subject of a final determination that it could pose a threat to U.S. financial stability for any of those reasons. Prohibits the Council from making a final determination concerning a bank holding company under this Act before one year after its enactment. Deems a bank holding company to have been the subject of such a final determination during this one-year period, however, if its total consolidated assets are $50 billion or more.
United States · United States Congress · 4 March 2015
Bureau Advisory Commission Transparency Act Amends the Consumer Financial Protection Act of 2010 to apply the Federal Advisory Committee Act applicable to each advisory committee and subcommittee of the Consumer Financial Protection Bureau.
United States · United States Congress · 4 March 2015
National Health Service Corps Improvement Act of 2015 This bill amends the Public Health Service Act to include optometry services in primary health services for purposes of the National Health Service Corps. Optometrists are eligible for the fellowship program for the delivery of primary health services in health professional shortage areas, the National Health Service Corps Scholarship Program, and the National Health Service Corps Loan Repayment Program.
United States · United States Congress · 4 March 2015
Community Lending Enhancement and Regulatory Relief Act of 2015 or the CLEARR Act of 2015 This bill amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices regarding disclosures of nonpublic personal information from those disclosed in the most recent disclosure sent to consumers. The federal banking agencies are directed to study jointly the appropriate capital requirements for mortgage servicing assets for nonsystemic banking institutions. Mortgage servicing assets are those resulting from contracts to service loans secured by real estate, where such loans are owned by third parties. A nonsystemic banking institution is any banking institution other than one identified by the Financial Stability Board as a global systemically important bank. Any regulatory implementation of either Basel III or National Credit Union Administration capital requirements about mortgage servicing assets for nonsystemic banking institutions is prohibited until six months after a report to Congress on the study. The Truth in Lending Act (TILA) is amended to direct the Board of Governors of the Federal Reserve System (Federal Reserve Board) to exempt from certain escrow or impound requirements a loan secured by a first lien on a consumer's principal dwelling if the loan is held by a creditor with assets of $10 billion or less. The Consumer Financial Protection Bureau must provide either exemptions to or adjustments from the mortgage loan servicing and escrow account administration requirements of the Real Estate Settlement Procedures Act of 1974 for servicers of 20,000 or fewer mortgage loans. The TILA is also amended to exempt from property appraisal requirements a higher-risk mortgage loan of $250,000 or less if it appears on the loan creditor's balance sheet for at least three years. The Federal Deposit Insurance Act is revised to direct federal banking agencies to issue regulations that allow a reduced reporting requirement for depository institutions meeting certain criteria when making the first and third report of condition for a year. If a depository financial institution receives an order to request a funds transfer (entry) via an automated clearing house, it shall not be required to verify that the entry is not a prohibited monetary transaction if the originating depository financial institution has warranted its compliance with the sanctions programs administered by the Office of Foreign Assets Control. The Federal Reserve Board must revise the Small Bank Holding Company Policy Statement on the Assessment of Financial and Managerial Factors to raise its consolidated asset threshold from $1 billion to $5 billion. The TILA is again amended to create a safe harbor from lawsuit for creditors that are depository institutions for any failure to comply with certain requirements with respect to a residential mortgage loan, and the banking regulators are required to treat such a loan as a qualified mortgage, if the creditor has, since the loan's origination, held it on its balance sheet and all prepayment penalties with respect to the loan comply with specified limitations. A safe harbor from lawsuit is also created for mortgage originators for steering a consumer to a residential mortgage loan if: the creditor is a depository institution and has informed the mortgage originator that it intends to hold the loan on its balance sheet for the life of the loan, and the mortgage originator informs the consumer that the creditor intends to do so.
United States · United States Congress · 3 March 2015
Portfolio Lending and Mortgage Access Act This bill amends the Truth in Lending Act to create a safe harbor from lawsuit for creditors that are depository institutions for any failure to comply with certain requirements with respect to a residential mortgage loan, and the banking regulators are required to treat such a loan as a qualified mortgage, if the creditor has, since the loan's origination, held it on its balance sheet and all prepayment penalties with respect to the loan comply with specified limitations. A safe harbor from lawsuit is also created for mortgage originators for steering a consumer to a residential mortgage loan if: the creditor is a depository institution and has informed the mortgage originator that it intends to hold the loan on its balance sheet for the life of the loan, and the mortgage originator informs the consumer that the creditor intends to do so.
United States · United States Congress · 2 March 2015
Protecting Seniors' Access to Medicare Act of 2015 Repeals sections of the Patient Protection and Affordable Care Act (and restores provisions of law amended by those sections) related to the establishment of an Independent Payment Advisory Board to develop proposals to reduce the per capita rate of growth in spending under title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 27 February 2015
Protecting 2nd Amendment Rights Act of 2015 This bill prohibits any government entity from issuing or enforcing a regulation, or taking any other action, that would restrict or prohibit the manufacture, importation, or sale in the United States of any ammunition that is not subject to the restriction or prohibition.
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
USPSTF Transparency and Accountability Act of 2015 This bill amends the Public Health Service Act to expand the scope and responsibilities of the United States Preventive Services Task Force to require it to: (1) publish research plans to guide its review of scientific evidence relating to the effectiveness of preventive services; (2) make evidence reports and recommendations available for public comment; (3) establish a system for grading preventive care (Grades A, B, C, and D and a Grade I for insufficient information); and (4) convene a preventive services stakeholders board to provide feedback on Task Force activities and recommend preventive services and scientific evidence for the Task Force to review. Members of the Task Force and the preventive services stakeholders board are considered federal employees for purposes of disclosure and management of conflicts of interest. The Government Accountability Office must submit a report that: (1) lists current recommendations of the Task Force; (2) compares Task Force recommendations and recommendations of other federal health agencies, national medical professional societies, and patient and disease advocacy organizations; and (3) analyzes the impact of Task Force recommendations on public and private insurance coverage, access, and outcomes, including the impact on morbidity and mortality. This bill amends title XVIII (Medicare) of the Social Security Act to eliminate the authority of HHS to make no payment for a preventive service that has not been graded by the Task Force.
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 · 26 February 2015
Modifies the definition of "antique firearm" under the federal criminal code and the Internal Revenue Code to cover any firearm manufactured in or before the calendar year that is 100 years before the year in which a determination is made as to whether the firearm is an antique firearm (currently, any firearm manufactured in or before 1898).
United States · United States Congress · 26 February 2015
Portfolio Lending and Mortgage Access Act This bill amends the Truth in Lending Act to create a safe harbor from lawsuit for creditors that are insured depository institutions for any failure to comply with certain requirements with respect to a residential mortgage loan, and the banking regulators are required to treat such a loan as a qualified mortgage, if the creditor has, since the loan's origination, held it on its balance sheet and all prepayment penalties with respect to the loan comply with specified limitations. A safe harbor from lawsuit is also created for mortgage originators for steering a consumer to a residential mortgage loan if: the creditor is an insured depository institution and has informed the mortgage originator that it intends to hold the loan on its balance sheet for the life of the loan, and the mortgage originator informs the consumer that the creditor intends to do so.
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
Retail Investor Protection Act Prohibits the Secretary of Labor from prescribing any regulation under the Employee Retirement Income Security Act of 1974 (ERISA) defining the circumstances under which an individual is considered a fiduciary until 60 days after the Securities and Exchange Commission (SEC) issues a final rule governing standards of conduct for brokers and dealers under specified law. Amends the Securities Exchange Act of 1934 to prohibit the SEC from promulgating a rule establishing an investment advisor standard of conduct as the standard of conduct of brokers and dealers before it reports to certain congressional committees whether: retail investors and other customers are being harmed due to brokers or dealers operating under different standards of conduct than those applicable to investment advisors under the Investment Advisers Act of 1940; alternative remedies will reduce any confusion or harm to retail investors due to brokers or dealers operating under such different standards of conduct; adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact their commissions and the availability of proprietary products offered by brokers and dealers, as well as the ability of brokers and dealers to engage in principal transactions with customers; and adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact retail investor access to personalized, cost-effective investment advice and recommendations. Requires the SEC: (1) to publish in the Federal Register formal findings that such rule would reduce retail customer confusion or harm due to standards of conduct applicable to brokers, dealers, and investment advisors; and (2) in proposing rules to consider the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisors.
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 · 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
Vessel Incidental Discharge Act This bill requires the Coast Guard to establish and implement enforceable uniform national standards for the regulation of discharges incidental to the normal operation of a vessel into navigable waters. The Coast Guard's existing rule for ballast water discharges incidental to the normal operation of a vessel are adopted until those performance standards are revised or a more stringent state standard is adopted. Ballast water is water taken aboard a vessel to control stability or during the operation of a vessel's ballast water treatment technology. Within two years, the Coast Guard must establish best management practices for discharges incidental to the normal operation of a vessel other than ballast water. By January 1, 2020, the Coast Guard must complete a feasibility review to determine whether revising ballast water performance standards will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species. The Coast Guard must establish a revised standard based on the ballast water treatment technology available. Further revisions to the performance standards are to be considered every 10 years. This bill establishes a certification requirement for ballast water treatment technology. The Coast Guard may not approve a technology if it uses a biocide or generates a biocide that is a pesticide. This bill establishes a petition process for a state seeking to enforce a state or local statute or regulation related to ballast water discharges incidental to the normal operation of a vessel that is more stringent than federal performance standards.
United States · United States Congress · 12 February 2015
Sports Medicine Licensure Clarity Act of 2015 Provides that for purposes of medical professional liability insurance or civil and criminal malpractice liability determinations, a physician or athletic trainer (covered sports medicine professional) who is authorized to practice medicine in a state (primary state) and who provides medical services to an athlete or athletic team in a state where such professional is not authorized to practice (secondary state) shall be deemed to have provided such medical services in the primary state, provided that prior to providing the covered medical services such professional has disclosed the nature and extent of such services to the entity that provides such professional with medical professional liability insurance in the primary state.
United States · United States Congress · 12 February 2015
Health Care Conscience Rights Act Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in that title requires an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering coverage excluding such item or service to that individual. Denies that title I requires a health plan sponsor or a health insurance issuer to cover an item or service to which the sponsor or issuer has a moral or religious objection. Denies also that title I authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, on health insurance coverage that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, or health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Department of Health and Human Services (HHS) to designate the Director of the Office for Civil Rights of HHS to receive and investigate complaints alleging a violation of this abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity.
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
Federal Land Freedom Act of 2015 This bill permits a state that has an established leasing, permitting, and regulatory program to: (1) declare to the Secretaries of the Interior, of Agriculture, and of Energy that it has either established or amended the program; and (2) seek to transfer to itself, and to implement, existing federal responsibilities for leasing, permitting, and regulating oil and natural gas development. Any state action to lease, permit, or regulate oil and gas exploration and development shall not be subject to, or considered, a federal action, a federal permit, or a federal license with respect to specified administrative and environmental laws and is therefore exempt from them. State-issued leases or permits must provide for: (1) the collection of royalties or other revenues in an amount equal to what would have been collected if the lease or permit had been federally issued, and (2) their deposit into the same federal account in which they would have been deposited if the lease or permit had been federally issued. A state may collect and retain lease or permit application processing fees.
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
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
Aged Distilled Spirits Competitiveness Act Amends the Internal Revenue Code to exclude from determination of the production period for distilled spirits any period allocated to the natural aging process for purposes of determining whether a taxpayer can expense, rather than capitalize, interest costs paid or incurred during the production period.
United States · United States Congress · 10 February 2015
State Marriage Defense Act of 2015 Prohibits, in determining the meaning of any Act of Congress or of any ruling, regulation, or interpretation of U.S. administrative bureaus and agencies as applied with respect to individuals domiciled in a state or in any other territory or possession of the United States: (1) the term "marriage" from including any relationship that the state, territory, or possession does not recognize as a marriage; and (2) the term "spouse" from including an individual who is a party to a relationship that is not recognized as a marriage by that state, territory, or possession.
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 · 9 February 2015
Access to Professional Health Insurance Advisors Act of 2015 Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative costs for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under state law to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.
United States · United States Congress · 5 February 2015
Financial Institution Customer Protection Act of 2015 Prohibits a federal banking agency from formally or informally suggesting, requesting, or ordering a depository institution to terminate either a specific customer account, or group of customer accounts, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer or group of customers, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk. Deems the "material reason" criterion satisfied if a federal banking agency believes that a specific customer or group of customers poses a threat to national security, including any belief that they are involved in terrorist financing. Prescribes notice requirements incumbent upon the federal banking agency to the depository institution regarding customer account restriction or termination, but states that the agency's notice to the customer is not required. Prohibits any notice to the customer if the federal banking agency requests or orders a depository institution to terminate a customer account (or a group of customer accounts) based upon a belief that customer or those customers pose a threat to national security. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations.
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
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
Short Line Railroad Rehabilitation and Investment Act of 2015 Amends the Internal Revenue Code, with respect to the tax credit for railroad track maintenance, to: (1) expand the types of maintenance expenditures eligible for such credit, and (2) extend such credit through 2016.
![Official portrait of Rep. Fincher, Stephen Lee [R-TN-8]](https://www.congress.gov/img/member/f000458_200.jpg)