United States · United States Congress · 14 June 2016
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of George Voinovich, former member of the Senate. Declares that when the Senate adjourns on June 14, 2016, it stand adjourned as a further mark of respect to the memory of the late Senator Voinovich.
United States · United States Congress · 9 June 2016
This joint resolution disapproves the rule submitted by the Department of Labor relating to "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act." The joint resolution declares that such rule shall have no force or effect. (Under section 203 of the Labor-Management Reporting and Disclosure Act, an employer must report any agreement or arrangement with a third party consultant to persuade employees as to their collective bargaining rights or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer. The consultant, also, is required to report concerning such an agreement or arrangement with an employer. Statutory exceptions to these reporting requirements are set forth in LMRDA section 203[c], which provides, in part, that employers and consultants are not required to file a report by reason of the consultant's giving or agreeing to give "advice" to the employer.)
United States · United States Congress · 7 June 2016
This joint resolution declares that: Congress disapproves the rule submitted by the Department of Labor relating to defining and delimiting the exemptions from minimum wage and overtime pay requirements for executive, administrative, professionals, outside sales, and computer employees under the Fair Labor Standards Act of 1938; and such rule shall have no force or effect.
United States · United States Congress · 26 May 2016
Recovering Missing Children Act This bill amends the Internal Revenue Code to permit federal law enforcement officials to seek an ex parte order in federal court for the disclosure of tax returns or return information for criminal investigations pertaining to missing or exploited children. If the order is granted, the information may be disclosed to federal officers and employees who are personally and directly engaged in judicial or administrative proceedings, investigations, or federal grand jury proceedings to enforce a federal criminal statute pertaining to a missing or exploited child. A federal agency may disclose to state and local law enforcement agencies information obtained under the authority provided by this bill if: the state or local agency is part of a team with the federal agency in the investigation, and the information is disclosed only to officers and employees who are personally and directly engaged in the investigation. The state or local agency may only use the disclosed information in locating the missing child, in a grand jury proceeding, or in any preparation for, or investigation which may result in, a judicial or administrative proceeding.
United States · United States Congress · 25 May 2016
Small Business Lending Oversight Act of 2016 This bill amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Credit Risk Management (OCRM) to impose specified administrative penalties, including monetary penalties, on any loan-financing lender that knowingly and repeatedly: fails properly to determine and document that a small business loan is eligible for financing, including failure to document that a loan is eligible because the applicant is unable to obtain credit elsewhere (from non-federal, non-state, or non-local government sources); sells the guaranteed portion of a loan when the loan proceeds have not been fully disbursed in accordance with program requirements; imposes on a loan applicant a fee that the SBA has not specifically authorized; or re-amortizes a loan solely to make the loan appear current. The SBA shall: conduct annual risk analyses of its loan portfolio, and assess a separate fee for each approved loan whose proceeds shall be used solely to support OCRM operations. The SBA shall also, at the end of each year, calculate the percentage of loans in a lender's portfolio made without a contribution of borrower equity when the loan's purpose was to establish a new small business concern, to effectuate a change of small business ownership, or to purchase real estate. No new loan application without a contribution of borrower equity, except in certain circumstances, may be approved if more than 15% of the lender's loan portfolio is without such a contribution. The SBA shall also make end-of-year calculations of industry concentrations for each lender. No new loan application to a lender from a small business concern operating in a single industry, except in certain circumstances, may be approved if over 20% of the lender's loans are concentrated in that industry. The SBA may not approve any loan if its financing is more than 100% of project costs. A lender may use an outside agent or lender service provider to assist in identifying potential applicants and with processing, disbursing, servicing, and liquidating a loan. With respect to an SBA loan for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, as well as a loan to any qualified small business concern, no lender may sell or pledge an amount higher than 85% of the loan, or the percentage guaranteed by the SBA, whichever is greater.
United States · United States Congress · 25 May 2016
Article I Regulatory Budget Act This bill amends the Congressional Budget Act of 1974 and other laws to establish and enforce a federal regulatory budget. The President's annual budget submission must include an analysis of the cost of compliance with current and proposed federal regulations and proposals for complying with the levels and allocations established pursuant to this bill. The bill amends the Regulatory Flexibility Act to require agencies to provide additional analysis of the private sector costs for compliance with new regulations. An agency may not issue certain guidance documents setting forth policies or interpretations regarding statutory, regulatory, or technical issues unless it has provided notice and an opportunity for comment. A concurrent resolution on the budget must include levels for the federal regulatory cost for at least five years. The bill establishes a process for allocating the totals among congressional committees, agencies, programs, and major functional categories. The bill establishes procedures for enforcing the requirements, including: points of order which may be raised against legislation to enforce the allocations, subject to a waiver by Congress; private rights of action in federal court; and a requirement for appropriations legislation to include enforcement provisions. The Congressional Budget Office (CBO) must submit: (1) a baseline projecting the federal regulatory cost over at least five years, (2) analysis of the federal regulatory cost of legislation reported by congressional committees, and (3) look-back reviews comparing CBO estimates with actual costs. The Office of Management and Budget (OMB) and the CBO must submit jointly to the President and Congress an analysis of the cost and economic effects of federal regulations, including recommendations for improvements to the regulatory budgeting process. Federal agencies and the Government Accountability Office must provide reports and cost estimates for specified regulations.
United States · United States Congress · 24 May 2016
Expresses the sense of the Senate that a carbon tax would be detrimental to U.S. families and businesses and is not in the best interest of the United States.
United States · United States Congress · 19 May 2016
Apollo 11 50th Anniversary Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue gold, silver, half-dollar clad, and proof silver coins in recognition and celebration of the 50th anniversary of the first manned landing on the moon. Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. All sales of these coins shall include a surcharge of $35 per gold coin, $10 per silver coin, $5 per half-dollar clad coin, and $50 per proof silver coin. All of the surcharges received from the sale of such coins shall be paid as follows: one-half to the Smithsonian Institution's National Air and Space Museum's "Destination Moon" exhibit; one-quarter to the Astronauts Memorial Foundation; and one-quarter to the Astronaut Scholarship Foundation, to aid its missions by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics.
United States · United States Congress · 17 May 2016
Certainty for States and Tribes Act This bill directs the Department of the Interior to reestablish the Royalty Policy Committee, which should include members representing states and Indian tribes who produce minerals on federal or tribal land. In addition, Interior must establish a State and Tribal Resources Board, a subcommittee to the Royalty Policy Committee. The board and committee must advise Interior as it formulates policies and regulations regarding mineral production on federal and tribal lands. The board can delay the issuance of a final regulation by Interior if the board determines that such regulation will have a negative state or Tribal budgetary or economic impact. The Bureau of Land Management (BLM) must complete by January 15, 2019, its programmatic review of the federal coal leasing program as described in Secretarial Order 3338. Secretarial Order 3338 directed the BLM to prepare a discretionary review of the federal coal program. (Interior issued Secretarial Order 3338 on January 15, 2016.) The moratorium on the issuance of new federal coal leases by the BLM shall terminate on January 16, 2019. Additionally, the bill allows leases and modifications to be issued by the BLM for any coal leasing application currently under review. Secretarial Order 3338 prohibited approval of such leases and modifications. The bill also directs the BLM to conduct federal coal lease sales and modifications within one year after it completes an analysis of an application.
United States · United States Congress · 17 May 2016
Designates the week of May 15-May 21, 2016, as National Police Week. Expresses support for law enforcement officers across the United States for their efforts to build safer and more secure communities. Recognizes: (1) the need to ensure that law enforcement officers have the equipment, training, and resources necessary to protect their health and safety; and (2) the members of the law enforcement community for their selfless acts of bravery. Honors and remembers law enforcement officers who have made the ultimate sacrifice.
United States · United States Congress · 16 May 2016
Supports designation of National Foster Care Month, and recognizes it as an opportunity to raise awareness about the challenges that children face in the foster-care system.
United States · United States Congress · 11 May 2016
Veterans First Act TITLE I--PERSONNEL AND ACCOUNTABILITY MATTERS This bill establishes in the Department of Veterans Affairs (VA) the Office of Accountability and Whistleblower Protection. The VA is required to develop criteria to promote supervisory protection of whistle-blowers. The bill revises VA authority to remove certain employees or senior VA executives for reasons of misconduct or performance. TITLE II--HEALTH CARE MATTERS Jason Simcakoski Memorial Act The bill establishes the Veterans Expedited Recovery Commission to examine the VA's therapy model for treating mental health illnesses. The VA shall require additional information about a prospective health care employee from the medical board of each state in which the health care provider holds or has held a medical license. The VA family caregiver program is expanded. The bill establishes a VA advisory committee on caregiver policies. The VA shall revive the Intermediate Care Technician Pilot Program. The VA may place a veteran requesting nursing home care in a medical foster home that meets appropriate VA standards. The bill sets forth requirements for VA hospitals with emergency departments to provide appropriate examination and stabilizing treatment for emergency medical conditions and women in labor. The VA and the Department of Defense (DOD) shall jointly update the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. The VA shall expand its Opioid Safety Initiative. The bill establishes the VA Office of Patient Advocacy. The VA shall ensure that payments are made promptly to non-VA health care providers. If the VA is unable to furnish certain hospital, medical, or extended care at VA facilities or under other authorized contracts or sharing agreements, it may enter into a Veterans Care Agreement with an eligible provider to furnish such care. The bill authorizes the VA to carry out specified major medical facility projects in California, Maryland, Kentucky, and Washington. The VA shall: (1) adopt the Federal Drug Administrations's unique device identification system to identify biological implants for use in VA medical procedures; (2) expand research and integration of complementary and integrative health services into veterans health care services; and (3) carry out a three-year program to assess the feasibility of integrating complementary and alternative medicine services for veterans with mental health conditions, chronic pain conditions, and other chronic conditions. TITLE III--DISABILITY COMPENSATION AND PENSION The VA may pay burial and funeral expenses and other benefits to a survivor of a veteran who has not filed a formal claim if the record contains sufficient evidence to establish the survivor's entitlement to such benefits. The bill increases the special monthly pension for living Medal of Honor recipients. The Veterans Benefits Act of 2003 is amended to extend VA authority to provide for persons other than VA employees (i.e., contract physicians) to conduct medical disability examinations of applicants for VA benefits. The VA shall carry out a five-year disability claims appeals pilot program. TITLE IV--EDUCATION Any member of the Armed Forces who died between September 11, 2001, and December 31, 2005, is deemed to have died on January 1, 2006, in order to make that member's surviving spouse eligible for the Marine Gunnery Sergeant John David Fry scholarship. VA educational assistance payments for a veteran who was forced to discontinue a course or who did not receive credit toward completion of an education program because of a permanent school closure shall not be charged against the individual's educational assistance entitlement or counted against the aggregate assistance period. The bill revises the process for electing Post-9/11 educational benefits. TITLE V--EMPLOYMENT AND TRANSITION Each state director for veterans' employment and training shall coordinate activities with the state's departments of labor and veterans affairs. TITLE VI--HOMELESS VETERANS The bill includes as a homeless veteran, for purposes of VA benefits, a veteran or veteran's family fleeing domestic violence, sexual assault, stalking, or other dangerous or life-threatening conditions in their current housing situation. The VA shall shall carry out case management services to improve the retention of housing by: (1) veterans who were previously homeless and who are transitioning to permanent housing, and (2) veterans who are at risk of becoming homeless. The VA shall establish the National Center on Homelessness Among Veterans. This bill eliminates the minimum continuous active duty service requirement for homeless veterans to receive certain benefits. Homeless veterans are exempted from disqualification for such benefits because of a discharge or dismissal from the Armed Forces under conditions other than honorable, except for a discharge by reason of a general court-martial. TITLE VII--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS The bill extends the temporary expansion of the Court of Appeals for Veterans Claims. TITLE VIII--BURIAL BENEFITS The VA may, in lieu of furnishing a headstone or marker to certain deceased individuals, furnish a medallion or other device to be attached to a headstone or marker furnished at private expense. TITLE IX--OTHER MATTERS The VA may carry out specified leases at the VA's West Los Angeles Campus in Los Angeles, California.
United States · United States Congress · 10 May 2016
Trickett Wendler Right to Try Act of 2016 This bill bars the federal government from prohibiting or restricting the production, manufacture, distribution, prescribing, or dispensing of an experimental drug, biological product, or device that is: (1) intended to treat a patient who has been diagnosed with a terminal illness; and (2) authorized by, and in accordance with, state law. The federal government may not restrict the possession or use of such a treatment by a patient certified by a physician as having exhausted all other treatment options. A producer, manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of production, manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale under the Federal Food, Drug, or Cosmetic Act or the Public Health Service Act. Not later than 30 days after enactment of this bill, and every 30 days thereafter until implementation is complete, the FDA must report on its progress in implementing a streamlined application process for compassionate use of experimental drugs and biological products.
United States · United States Congress · 9 May 2016
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of Robert F. Bennett, former member of the U.S. Senate. Declares that when the Senate adjourns on May 9, 2016, it stand adjourned as a further mark of respect to the memory of the late Senator Bennett.
United States · United States Congress · 9 May 2016
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of Conrad Ray Burns, former member of the U.S. Senate. Declares that when the Senate adjourns on May 9, 2016, it stand adjourned as a further mark of respect to the memory of the late Senator Burns.
United States · United States Congress · 28 April 2016
Voluntary Protection Program Act This bill provides statutory authority for the Occupational Safety and Health Administration's (OSHA's) voluntary protection program, under which management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system.
United States · United States Congress · 28 April 2016
Honors May 1-7, 2016, as National Small Business Week. Celebrates the contributions of small businesses and entrepreneurs in every U.S. community. Recognizes the importance of the Small Business Administration as a valuable resource for entrepreneurs in the United States. Supports efforts to increase awareness of the value of small businesses and their impact on the U.S. economy.
United States · United States Congress · 25 April 2016
GAO Access and Oversight Act of 2016 This bill authorizes the Government Accountability Office (GAO) to obtain federal agency records required to discharge the GAO's duties (including audit, evaluation, and investigative duties), including through bringing civil actions to require an agency to produce a record. No provision of the Social Security Act shall be construed to limit, amend, or supersede the GAO's authority to: (1) obtain information or inspect records about an agency's duties, powers, activities, organization, or financial transactions; or (2) obtain other agency records that the GAO requires to discharge its duties. Agency statements on actions taken or planned in response to GAO recommendations must be submitted to: (1) the congressional committees with jurisdiction over the pertinent agency program or activity, and (2) the GAO.
United States · United States Congress · 19 April 2016
Recognizes 4-H as a vital organization for training the next generation for national leadership, congratulates the National 4-H Council on its "Grow True Leaders" campaign, and supports the council's efforts to grow and diversify the 4-H program.
United States · United States Congress · 18 April 2016
This joint resolution disapproves and nullifies a Department of Labor rule published on April 8, 2016, relating to the definition of the term "fiduciary" and the conflict of interest rule with respect to retirement investment advice. (The rule defines who is a fiduciary with respect to pension and retirement plans. Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries. The rule changes the definition of "investment advice" to treat people who provide investment advice to pension and retirement plans for a fee or other compensation as fiduciaries in a wider array of advice relationships.)
United States · United States Congress · 14 April 2016
Designates April 2016 as Financial Literacy Month to raise public awareness about the importance of personal financial education in the United States and the serious consequences that may result from a lack of understanding about personal finances.
United States · United States Congress · 5 April 2016
Genetic Research Privacy Protection Act This bill amends the Public Health Service Act to revise provisions regarding disclosure by researchers of the identifiable, sensitive information of research subjects. The Department of Health and Human Services (HHS) must prohibit researchers from disclosing such information from federally funded research to persons not connected to the research. Researchers may apply to have other research covered by this prohibition. Disclosures of such information are permitted if required by law, necessary for the medical treatment of the research subject, made with the consent of the subject, or made for the purposes of other research that is in compliance with regulations regarding protection of subjects. HHS may exempt identifiable information collected for biomedical research from disclosure under the Freedom of Information Act.
United States · United States Congress · 17 March 2016
Patient Access to Durable Medical Equipment Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to establish a bid ceiling for durable medical equipment (such as wheelchairs) under Medicare's competitive acquisition program, through which rates are set according to a bidding process rather than by an established fee schedule. Specifically, the bid ceiling for such an item shall not be less than the fee schedule amount that would otherwise be determined. Under current law, the Centers for Medicare & Medicaid Services (CMS) must use payment information from competitive acquisition programs to make payment adjustments for areas outside of such programs. The bill requires CMS, in making these adjustments, to account for stakeholder input. In addition, CMS must account for a comparison of competitive acquisition areas and other areas with respect to the following factors: average travel distance and cost associated with furnishing items and services, barriers to access, average delivery time, average volume of items and services furnished by suppliers, and number of suppliers. In addition, CMS shall delay by 15 months the full implementation of new Medicare payment rates for durable medical equipment. On a monthly basis, CMS must publish on its website the results of the monitoring of health outcomes and Medicare beneficiaries' access to durable medical equipment. The bill accelerates the applicability, from January 1, 2019, to October 1, 2018, of provisions of current law that limit federal Medicaid reimbursement to states for durable medical equipment to Medicare payment rates.
United States · United States Congress · 17 March 2016
Protecting Workplace Advancement and Opportunity Act This bill declares that the proposed or the final rule of the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. The rule revises the "white collar" exemption of executive, administrative, professional, outside sales, and computer employees from minimum wage and maximum hour, or overtime, requirements of the Fair Labor Standards Act of 1938 (FLSA). If the proposed rule is a final rule on the date of enactment of this bill: Labor shall not enforce it based on conduct occurring before that enactment date, an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time before that enactment date, any regulations that were amended by the final rule shall be restored and revived as if the final rule had never taken effect, and nothing in this bill shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee before the enactment of this bill that were in compliance with that final rule. Labor may promulgate any substantially similar rule only if it has completed certain required actions; but the rule shall not contain any automatic updates to the salary threshold for purposes of exemptions to minimum wage and maximum hour requirements under the FLSA. The requirement that definitions applicable for such exemptions be defined and delimited from time to time by Labor regulations shall be construed to: require Labor to issue a new rule through notice and comment rulemaking for each change in any salary threshold it has proposed; and exclude any rule that would result in changes to any salary threshold for multiple time periods, including through any automatic updating procedure. Labor may not promulgate any final rule that includes any revision to duties tests for exemption from minimum wage and maximum hours requirements unless specific regulatory text for the provision was proposed in the proposed rule.
United States · United States Congress · 17 March 2016
Congratulates the Girl Scouts of the United States of America and Girl Scout Gold Award recipients everywhere on the centennial of the Girl Scout Gold Award. Recognizes: (1) the impact recipients of such Award have had on the lives of individuals in the United States and on the world, and (2) the lasting impact of the projects of Award recipients on their communities.
United States · United States Congress · 17 March 2016
Congratulates the University of Wyoming men's Nordic ski team for winning the 2016 United States Collegiate Ski and Snowboard Association national championship. Commends the athletes, coaches, parents, and staff of the University of Wyoming Nordic ski teams for their hard work and dedication. Recognizes the students, alumni, and loyal fans that supported the University of Wyoming men's Nordic ski team on its journey to win another national title.
United States · United States Congress · 15 March 2016
Protecting Local Business Opportunity Act This bill amends the National Labor Relations Act to allow two or more employers to be considered joint employers for purposes of the Act only if each shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.
United States · United States Congress · 24 February 2016
Acknowledges the lifetime of service of Antonin Scalia, Associate Justice of the U.S. Supreme Court. Commends his 29-year tenure on the Court and extends sympathy to his family and friends on his death.
United States · United States Congress · 11 February 2016
Treating Small Airports with Fairness Act of 2016 This bill requires the Transportation Security Administration (TSA) to conduct, and provide all necessary staff and equipment for, security screening at any airport that lost commercial air service on or after January 1, 2013, if the airport operator submits: (1) a request for the TSA to conduct such screening, and (2) written confirmation of a commitment from a commercial air carrier that it desires to resume service at the airport within one year. The TSA shall ensure that the process of implementing security screening at such an airport is complete by the later of: (1) 90 days after the operator of the airport submits a request, or (2) the date on which the carrier intends to resume service.
United States · United States Congress · 9 February 2016
Designates February 2016 as Career and Technical Education Month. Expresses support for the goals and ideals of such month. Recognizes the importance of career and technical education in preparing a well-educated and skilled workforce. Encourages educators, counselors, and administrators to promote career and technical education as an option to students.
United States · United States Congress · 4 February 2016
Strengthening Access to Valuable Education and Retirement Support Act of 2016 or the SAVERS Act of 2016 This bill amends the Internal Revenue Code to exempt from the tax on prohibited transactions: (1) the provision of investment advice by a fiduciary to a pension plan, plan participant, or beneficiary which is a best interest recommendation; and (2) any transaction, including a contract for service, between an investment provider and the advice recipient if no more than reasonable compensation is paid for such investment advice and certain disclosures are made with respect to the cost of such advice. For purposes of this bill, "investment advice" is a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment that the person is a fiduciary with respect to the provision of the recommendation; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill defines "best interest recommendation" as a recommendation: (1) for which no more than reasonable compensation is paid; (2) that is provided by a person acting with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person would exercise based on information obtained from an advice recipient; and (3) where the person giving such advice places the interests of the plan or advice recipient above the person's interests. A best interest recommendation may include a recommendation that is based on a limited range of investment options or may result in variable compensation to the person providing the recommendation. The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under the Employee Retirement Income Security Act of 1974 (ERISA), the prohibited transaction provisions of the Internal Revenue Code, or other Labor regulations, and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act.
United States · United States Congress · 4 February 2016
Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid; or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources. The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under ERISA and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act.
United States · United States Congress · 4 February 2016
Retail Investor Protection Act This bill 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 shall be 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. The Securities Exchange Act of 1934 is amended to prohibit the SEC from promulgating a rule establishing an investment adviser 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 by brokers or dealers operating under different standards of conduct than those applicable to investment advisers 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, dealers, and investment advisers 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 advisers would adversely impact retail investor access to personalized, cost-effective investment advice and recommendations. The SEC shall: (1) publish in the Federal Register formal findings that such rule would reduce retail customer confusion or harm due to different standards of conduct applicable to brokers, dealers, and investment advisers; and (2) consider, when proposing rules, the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisers.
United States · United States Congress · 4 February 2016
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of Marlow Cook, former member of the U.S. Senate. Declares that when the Senate adjourns on February 4, 2016, it stand adjourned as a further mark of respect to the memory of the late Senator Cook.
United States · United States Congress · 3 February 2016
Social Security Beneficiary 2nd Amendment Rights Protection Act This bill amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to prohibit any determination by the Commissioner of Social Security with respect to an individual, including one that OASDI and SSI benefits to which that individual is entitled shall be paid to a representative payee, from being considered to be a determination that the individual has been adjudicated as a mental defective to make it unlawful for the individual to engage in the shipment or transport of firearms or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
United States · United States Congress · 28 January 2016
Congratulates the Farm Credit System (FCS) on its 100th anniversary and commends the service of the cooperative owners and employees of the FCS in helping to meet the credit and financial services needs of rural communities and agriculture. (The FCS is a network of borrower-owned lending institutions that operates as a government-sponsored enterprise to provide credit and other services to agricultural producers and farmer-owned agricultural and aquatic cooperatives. It also makes loans for agricultural processing and marketing activities, rural housing, farm-related businesses, rural utilities, and companies involved in international agricultural trade.)
United States · United States Congress · 28 January 2016
Designates the week of January 24-January 30, 2016, as National School Choice Week. Encourages all parents to learn more about the educational options available.
United States · United States Congress · 20 January 2016
Legislative Performance Review Act of 2016 This bill limits the duration of authorizations of appropriations, requires programs with expired authorizations to be terminated, and establishes reporting requirements. The bill prohibits Congress from considering legislation that: (1) authorizes appropriations for more than four years, or (2) authorizes the enactment of an unlimited amount of appropriations for any purpose. If Congress determines that an authorization for more than four years is necessary to accomplish the purposes of an authorization, it may waive the time limit by considering a waiver resolution using expedited legislative procedures. Congressional committees that report legislation authorizing appropriations must include in committee reports: (1) an analysis, appraisal, and evaluation of existing programs for which appropriations are authorized; and (2) specified details regarding the purpose and need for new programs for which appropriations are authorized. Federal agencies must implement a two-year plan to terminate programs with expired authorizations. The bill establishes new points of order against legislation that provides appropriations that are either unauthorized or are pursuant to authorizations that violate the time limits and other requirements established by this bill.
United States · United States Congress · 19 January 2016
Alternative Ammunition Manufacturing Act This bill amends the federal criminal code to deem an application received on or after August 1, 2011, to exempt a projectile from classification as armor piercing ammunition to be approved if the Department of Justice (DOJ) does not disapprove it within 60 days after the later of the date the application is received or the date of this bill's enactment. DOJ shall provide an applicant with detailed findings of fact and the reasons for disapproving an application.
United States · United States Congress · 12 January 2016
Ensuring Integrity in the IRS Workforce Act of 2016 This bill amends the Internal Revenue Code to prohibit the Internal Revenue Service (IRS) from rehiring any individual who was previously employed by the IRS but was removed for misconduct or whose employment was terminated for cause.
United States · United States Congress · 12 January 2016
Expresses the sense of the Senate that: certain uses of electronic devices by Senators on the floor of the Senate are necessary and proper in the conduct of official Senate business, and should therefore be permissible; necessary and proper uses of electronic devices do not include specified sound tramissions, telephones or other devices for voice communication, desktop computers, laptops, or other large devices; the Senate Committee on Rules and Administration should consider an amendment to the Rules for the Regulation of the Senate Wing consistent with these principles; and any amendment to the Rules should take into account possible future changes in technology.
United States · United States Congress · 11 January 2016
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of Dale Bumpers, former member of the U.S. Senate. Declares that when the Senate adjourns on January 11, 2016, it stand adjourned as a further mark of respect to the memory of the late Senator Bumpers.
United States · United States Congress · 2 December 2015
IRS Accountability Act of 2015 This bill amends the Internal Revenue Service Restructuring and Reform Act of 1998 to allow the removal or transfer of an Internal Revenue Service (IRS) senior executive employee based on performance or misconduct. The IRS must submit written notice to certain congressional committees of the removal or transfer of an employee and the reason for such removal or transfer. The bill provides for an expedited appeal of a removal or transfer to the Merit Systems Protection Board.
United States · United States Congress · 19 November 2015
DME Access and Stabilization Act of 2015 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions relating to payment for durable medical equipment (DME) under the Medicare and Medicaid programs. (DME includes certain medically necessary equipment such as walkers, wheelchairs, and hospital beds.) With respect to DME furnished in areas that are not competitive acquisition areas, current regulations require the Centers for Medicare & Medicaid (CMS) to phase in, over a two-year period, Medicare payment adjustments using information from competitive acquisition programs. (Through such programs, payment amounts for each area are determined based on competitive bids submitted by suppliers, rather than according to an established fee schedule.) The bill codifies this requirement and specifies that CMS shall adjust fee schedule amounts to the lesser of: (1) a specified percentage of the regional amount; and (2) the amount that would otherwise be determined according to the fee schedule, with specified adjustments. In determining Medicare payment adjustments for areas that are not competitive acquisition areas, CMS shall solicit stakeholder input and take into account several specified factors. CMS may not establish a ceiling on competitive bids submitted for DME that is less than the amount that would otherwise be paid under Medicare. The Medicare Beneficiary Ombudsman shall evaluate the impact of the competitive acquisition program on beneficiary health status and health outcomes. The bill limits federal Medicaid reimbursement rates to states for DME to the rates that would be paid for such items under Medicare.
United States · United States Congress · 19 November 2015
Expresses the sense of Congress that: the President should submit to the Senate for advice and consent the climate change agreement proposed for adoption at the twenty-first session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP-21), and Congress should refuse to consider any budget resolutions and appropriations language that include funding for the Green Climate Fund until COP-21 emissions commitments are submitted to the Senate.
United States · United States Congress · 18 November 2015
Supports the goals and ideals of both National Adoption Day and National Adoption Month. Recognizes that every child should have a permanent and loving family. Encourages the people of the United States to consider adoption during the month of November and throughout the year.
United States · United States Congress · 17 November 2015
Nullifies the Environmental Protection Agency's rule published on October 26, 2015, that revises the primary and secondary national ambient air quality standards for ozone.
United States · United States Congress · 16 November 2015
Condemns the brutal attacks on the people of Paris that resulted in the death of at least 129 people, including one U.S. citizen, through shootings, hostage-taking, and suicide bombings of civilian targets. Expresses the Senate's condolences and deepest sympathies for the victims and their family members. Renews the solidarity of the people and government of the United States with the people and government of France. Pledges support for the government of France to pursue justice against those involved in these attacks and to prevent future attacks.
United States · United States Congress · 10 November 2015
Designates the week beginning November 8, 2015, as National Pregnancy Center Week. Expresses support for the work of pregnancy care and resource centers. Recognizes the importance of protecting life and assisting women and men in need as they bring children into the world.
![Official portrait of Sen. Enzi, Michael B. [R-WY]](https://www.congress.gov/img/member/e000285_200.jpg)