Federal Preemption
US Congress 111th Congress
Small Business Liability Reform Act of 2009 [HB-440]
[Small Business ]
[Consumer Protection ]
[Law Enforcement ]
Small Business Liability Reform Act of 2009 - Allows punitive damages against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of
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Sponsored by: Rep. Denny Rehberg
Referred To The House Committee On The Judiciary. on 01/09/2009
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Dodd-Frank Wall Street Reform and Consumer Protection Act [HB-4173]
[Finance ]
[Consumer Protection ]
[International ]
[Budget and Spending ]
[Insurance ]
[Technology and Innovation ]
[Trade ]
[Cybersecurity ]
[Data Privacy ]
[Economic Development ]
Dodd-Frank Wall Street Reform and Consumer Protection Act - Title I: Financial Stability - Financial Stability Act of 2010 - Subtitle A: Financial Stability Oversight Council - (Sec. 111) Establishes the Financial Stability Oversight Council (Council), consisting of the heads of specified federal financial regulatory bodies and chaired by the Secretary of the Treasury. (Sec. 112) Requires the Council, among other things, to: (1) identify risks to U.S. financial stability that could arise from the material financial distress or failure, or ongoing
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Sponsored by: Rep. Barney Frank
Signed By President. on 07/21/2010
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Energy Efficiency Modernization Act of 2009 [HB-4099]
[Energy ]
[Housing ]
[Construction ]
[Water ]
[Budget and Spending ]
Energy Efficiency Modernization Act of 2009 - Directs the Secretary of Housing and Urban Development (HUD) to make: (1) payments (green dividends) to owners of assisted multifamily rental housing projects who undertake utility cost-saving measures; and (2) loans funded from residual receipts to owners of assisted multifamily rental housing projects for undertaking green retrofit measures for such projects. Directs the Comptroller General to conduct a study and report to Congress on the benefits of a federal statutory exemption from compliance with
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Sponsored by: Rep. Gerald E. Connolly
Sponsor Introductory Remarks On Measure. (cr E2793) on 11/18/2009
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Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009 [HB-4039]
[Healthcare ]
[Insurance ]
[Public Health ]
[Disaster Relief ]
[Nonprofit ]
[Law Enforcement ]
[Public Safety ]
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009 - Provides for reform of health care lawsuits by: (1) allowing a party against whom a judgment for medical malpractice has been awarded to pay future damages of $50,000 or more in periodic payments; (2) making each party liable for that party's share of damages only; (3) requiring a court to appoint a qualified specialist to review a health care lawsuit and file a statement of opinion regarding whether such lawsuit has a reasonable and meritorious basis; (4) requiring the losing
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Sponsored by: Rep. Charles W. Dent
Referred To The Subcommittee On Health. on 11/07/2009
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To amend the Employee Retirement Income Security Act of 1974 to preclude preemption of a State cause of action relating to a denial of a claim for benefits under a health care plan. [HB-3925]
[Healthcare ]
[Insurance ]
[Labor, Jobs, Employment ]
[Workers' Compensation ]
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to preclude federal preemption of a cause of action brought under state law by a participant or beneficiary under a group health plan to recover damages resulting from personal injury or for wrongful death against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan if such cause of action arises by reason of a medically reviewable decision denying a benefits
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Sponsored by: Rep. Jim McDermott
Referred To The Subcommittee On Health, Employment, Labor, And Pensions. on 12/08/2009
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To permit employers to provide contributions and assistance to certain employees who purchase individual health insurance. [HB-3822]
[Healthcare ]
[Insurance ]
[Labor, Jobs, Employment ]
[Taxes ]
[Small Business ]
Permits an employer that does not offer health benefits coverage to its employees as of this Act's enactment to provide tax-free defined contributions and administrative assistance to such employees who choose to purchase health insurance coverage in the individual market. Bars any state from prohibiting: (1) an employer from taking any such actions; or (2) the sale of health insurance coverage to employees where an employer's involvement is limited to withholding premiums from employee paychecks and sending the premium payments to the health insurance
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Sponsored by: Rep. Robert J. Wittman
Referred To The Subcommittee On Health, Employment, Labor, And Pensions. on 11/16/2009
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Improved Employee Access to Health Insurance Act of 2009 [HB-3821]
[Healthcare ]
[Insurance ]
[Labor, Jobs, Employment ]
Improved Employee Access to Health Insurance Act of 2009 - Prohibits any state from establishing a law that prevents an employer from instituting an auto-enrollment process for coverage of a participant or beneficiary under a group health plan, or health insurance coverage offered in connection with such a plan, as long as the participant or beneficiary has the option of declining such coverage.
Sponsored by: Sen. Roy Blunt
Referred To The House Committee On Education And Labor. on 10/15/2009
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Healthy Borderlands Act of 2009 [HB-3629]
[Environmental ]
[Climate Change ]
[Public Lands and National Parks ]
[Immigration ]
[Water ]
[Animals ]
[Science ]
[Funding ]
[Grants ]
[National Security ]
Healthy Borderlands Act of 2009 - Directs the Secretary of Homeland Security to develop and implement a comprehensive mitigation plan to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States. Requires the plan to include measures to address and mitigate the full range of such impacts, including: (1) preserving, maintaining, and restoring wildlife migration corridors, key habitats, and the ecologically functional connectivity among key
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Sponsored by: Rep. Raul M. Grijalva
Referred To The Subcommittee On Border, Maritime, And Global Counterterrorism. on 10/06/2009
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Patient Protection and Affordable Care Act [HB-3590]
[Healthcare ]
[Insurance ]
[Medicare and Medicaid ]
[Public Health ]
[Pharmaceuticals ]
[Small Business ]
[Consumer Protection ]
[Data Privacy ]
[Senior Citizens ]
[Children and Youth ]
[Human Services ]
[Budget and Spending ]
[Taxes ]
[Mental Health ]
[Disabilities ]
[Law Enforcement ]
[Funding ]
[Grants ]
[Labor, Jobs, Employment ]
[Economic Development ]
[Public Safety ]
[Technology and Innovation ]
[Science ]
[Education ]
[Ethics ]
[Human Rights ]
[Race and Civil Rights ]
Patient Protection and Affordable Care Act - Title I: Quality, Affordable Health Care for All Americans - Subtitle A: Immediate Improvements in Health Care Coverage for All Americans - (Sec. 1001, as modified by Sec. 10101) Amends the Public Health Service Act to prohibit a health plan ("health plan” under this subtitle excludes any “grandfathered health plan” as defined in section 1251) from establishing lifetime limits or annual limits on the dollar value of benefits for any participant or beneficiary after January 1, 2014. Permits
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Sponsored by: Rep. Henry C. Johnson
Signed By President. on 03/23/2010
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STAR Act of 2009 [HB-3483]
[Healthcare ]
[Medicare and Medicaid ]
[Pharmaceuticals ]
[Taxes ]
[Trade ]
[Veterans ]
[Public Health ]
Steps Toward Access and Reform Act of 2009 or the STAR Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each
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Sponsored by: Sen. Dean Heller
Referred To The Subcommittee On Health. on 09/08/2009
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Insurance Information Act of 2009 [HB-2609]
[Insurance ]
[Trade ]
[International ]
[Finance ]
Insurance Information Act of 2009 - Includes among the duties of the Secretary of the Treasury serving as principal advisor to the President and Congress on domestic and international policy issues regarding all lines of insurance except health insurance. Establishes within the Department of the Treasury the Office of Insurance Information, headed by a Director appointed by the Secretary. Empowers the Office to: (1) collect, analyze, and disseminate data and information, and to issue reports, regarding such lines of insurance; (2) coordinate federal
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Sponsored by: Rep. Michael E. Capuano
Committee Consideration And Mark-up Session Held. on 12/02/2009
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To amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees. [HB-2607]
[Healthcare ]
[Small Business ]
[Insurance ]
[Labor, Jobs, Employment ]
[Workers' Compensation ]
Small Business Health Fairness Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. Sets forth rules governing AHPs, including requirements relating to certification, sponsors and boards of trustees, participation and coverage, nondiscrimination, contribution
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Sponsored by: Rep. Ted Poe
Referred To The Subcommittee On Health, Employment, Labor, And Pensions. on 10/22/2009
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National Infrastructure Development Bank Act of 2009 [HB-2521]
[Infrastructure ]
[Telecommunications ]
[Transportation and Motor Vehicles ]
[Energy ]
[Budget and Spending ]
[Finance ]
[Construction ]
[Environmental ]
National Infrastructure Development Bank Act of 2009 - Establishes the National Infrastructure Development Bank as a wholly owned government corporation. Makes the Bank's Board of Directors responsible for monitoring and overseeing energy, environmental, telecommunications, and transportation infrastructure projects. Authorizes the Board to: (1) issue public benefit bonds and provide direct subsidies to infrastructure projects; (2) borrow on the global capital market and lend to entities and commercial banks for funding infrastructure projects;
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Sponsored by: Rep. Barbara Lee
Referred To The Subcommittee On Commerce, Trade And Consumer Protection. on 05/21/2009
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Data Accountability and Trust Act [HB-2221]
[Consumer Protection ]
[Cybersecurity ]
[Data Privacy ]
[Technology and Innovation ]
[Law Enforcement ]
[Public Safety ]
Data Accountability and Trust Act - (Sec. 2) Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each person engaged in interstate commerce owning or possessing electronic data containing personal information, or contracting with a third party to maintain such data, to establish security policies and procedures. Requires such policies and procedures to provide for: (1) a security policy with respect to the use, sale, dissemination, and maintenance of data; (2) an officer responsible for information security oversight;
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Sponsored by: Rep. Janice D. Schakowsky
Received In The Senate And Read Twice And Referred To The Committee On Commerce, Science, And Transportation. on 12/09/2009
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State and Local Predatory Towing Enforcement Act [HB-2010]
[Transportation and Motor Vehicles ]
[Consumer Protection ]
[Law Enforcement ]
[Public Safety ]
State and Local Predatory Towing Enforcement Act - Waives federal pre-emption to allow states to regulate tow truck operations performed without the prior consent or authorization of the owner or operator of the towed motor vehicle. (Currently, states are allowed to regulate only the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.)
Sponsored by: Rep. James P. Moran
Referred To The Subcommittee On Highways And Transit. on 04/22/2009
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National Insurance Consumer Protection Act [HB-1880]
[Insurance ]
[Consumer Protection ]
[Finance ]
[Crime ]
[National Security ]
[Law Enforcement ]
National Insurance Consumer Protection Act - Establishes in the Department of the Treasury the Office of National Insurance (Office), headed by a Commissioner, with regulatory oversight over national insurers and national insurance agencies. Directs the Commissioner to license, regulate, and supervise national insurance producers. Requires the Commissioner to establish: (1) a Division of Consumer Affairs; (2) a Division of Insurance Fraud; and (3) an Office of the Ombudsman. Authorizes the Commissioner to provide for the registration of insurance
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Sponsored by: Rep. Henry Cuellar
Referred To The Subcommittee On Health. on 04/21/2009
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Getting Resources Efficiently and Effectively Now Act [HB-1811]
[Energy ]
[Public Lands and National Parks ]
[Environmental ]
[Budget and Spending ]
[Law Enforcement ]
Getting Resources Efficiently and Effectively Now Act or the GREEN Act - Directs the President (or a designee) to review all projects for the exploration, development, or production of oil and gas resources under federal leases for lands (or submerged lands) located onshore or offshore to determine whether the projects comply with federal laws. Requires the projects to be approved and authorized to proceed upon a written finding by the President (or the designee) that they serve the public interest in responsible domestic oil and gas development
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Sponsored by: Rep. Michele Bachmann
Referred To The Subcommittee On Energy And Mineral Resources. on 04/06/2009
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Consumer Rental Purchase Agreement Act [HB-1744]
[Consumer Protection ]
[Finance ]
[Crime ]
Consumer Rental Purchase Agreement Act - Amends the Consumer Credit Protection Act to prescribe consumer protection guidelines for rental-purchase transactions, including: (1) the determination of rental-purchase cost; (2) disclosure requirements; (3) prohibitions against confessions of judgment, wage assignments, and waiver of consumer claims or defenses; (4) furnishing of statements of account; (5) point-of-rental disclosures; and (6) rental-purchase advertising disclosures. Declares that an action for civil liability may be brought against a
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Sponsored by: Rep. Henry C. Johnson
Referred To The House Committee On Financial Services. on 03/26/2009
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Outdoor Lighting Efficiency Act [HB-1732]
[Energy ]
[Technology and Innovation ]
[Environmental ]
[Science ]
Outdoor Lighting Efficiency Act - Amends the Energy Policy and Conservation Act to include as "covered equipment" outdoor luminares and outdoor high light output lamps, as defined in this Act. Specifies the lighting efficiency, lumen maintenance, and light level production capability required for each outdoor luminare manufactured on or after January 1 of 2011, 2013, and 2015. Requires the Secretary of Energy (DOE), by January 1, 2017, to issue a final rule amending such efficiency standards to establish standards at the maximum level that is technically
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Sponsored by: Rep. Fred Upton
Referred To The Subcommittee On Energy And Environment. on 03/30/2009
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No Cost Stimulus Act of 2009 [HB-1431]
[Energy ]
[Environmental ]
[Public Lands and National Parks ]
[Air Quality ]
[Climate Change ]
[Budget and Spending ]
[Water ]
No Cost Stimulus Act of 2009 - Deems the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by the Secretary of the Interior approved as a final oil and gas leasing program under the Outer Continental Shelf Lands Act (OCSLA). Deems the Secretary to have issued a final environmental impact statement for the program under the National Environmental Policy Act of 1969 (NEPA). Directs the Secretary to conduct a lease sale in each outer Continental Shelf (OCS) planning area for which there is a commercial interest in
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Sponsored by: Rep. Steve Scalise
Referred To The Subcommittee On Immigration, Citizenship, Refugees, Border Security, And International Law. on 08/19/2009