Federal Preemption
US Congress 116th Congress
Nationwide Right to Unionize Act [HB-5712]
[Labor, Jobs, Employment ]
Provides authorization for labor agreements to require membership in a labor organization as a condition of employment regardless of state law (thus preempting state laws that prohibit such agreements).
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Cruise Passenger Protection Act of 2019 [S.3124]
[Transportation and Motor Vehicles ]
[Consumer Protection ]
[Tourism ]
[Public Safety ]
[Law Enforcement ]
Revises provisions related to passenger vessel security and safety. The bill directs the Department of Transportation (DOT) to develop standards for cruise ship owners to provide passengers with a conspicuous and unambiguous summary of key terms of passage contracts before they are binding. Vessel owners must provide each passenger with a summary meeting those standards and include the summary in promotional literature. The bill prescribes civil and criminal penalties for violations. DOT must (1) establish a hotline for passenger complaints, (2)
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Consumer Online Privacy Rights Act [S.2968]
[Consumer Protection ]
[Data Privacy ]
[Technology and Innovation ]
[Cybersecurity ]
[Human Rights ]
Places requirements on entities that process or transfer a consumer's data. Specifically, the bill requires such entities to make their privacy policy publicly available and provide an individual with access to their personal data; delete or correct, upon request, information in an individual's data; export, upon request, an individual's data in a human-readable and machine-readable format; establish data security practices to protect the confidentiality and accessibility of consumer data; and designate a privacy officer and a data security officer
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Data Care Act of 2019 [S.2961]
[Consumer Protection ]
[Data Privacy ]
[Technology and Innovation ]
[Cybersecurity ]
Imposes various duties on online service providers with respect to their handling of individual-identifying data that can be reasonably linked to a specific user. Specifically, online service providers have a duty to (1) reasonably secure such data from unauthorized access, (2) refrain from using such data in a way that will result in reasonably foreseeable harm to the end user, and (3) not disclose such data to another party unless that party is also bound by the duties established in this bill. The bill authorizes the Federal Trade Commission
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Prescription Drug Price Reporting Act [HB-5239]
[Healthcare ]
[Pharmaceuticals ]
[Consumer Protection ]
[Public Health ]
Requires that all prescription drug manufacturers submit certain information for every drug marketed in the United States to the Department of Health and Human Services (HHS). Specifically, manufacturers must provide information about cost, pricing, and rebates. Manufacturers are also required to submit any price changes to a prescription drug at least 30 days in advance.HHS must make this information available through a public database that enables consumers to subscribe to price change notifications for different types of prescriptions drugs.
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Reinforcing American-Made Products Act of 2019 [HB-5088]
[Consumer Protection ]
[Trade ]
[Manufacturing ]
Specifies that the Federal Trade Commission's regulation of the labeling of products as "Made in the U.S.A." or "Made in America" supersedes any conflicting state laws.
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LEAVE Act Low-frequency Energetic Acoustics and Vibrations Exasperate Act [HB-5112]
[Transportation and Motor Vehicles ]
[Air Quality ]
[Environmental ]
[Law Enforcement ]
[Public Safety ]
Establishes standards and remedies related to ground-based noise (GBN). Specifically, the bill permits one or more states to conduct studies of GBN from aircraft operations at an airport within a state, requires any study conducted to identify a baseline value of GBN above which an airport in the study is presumed to be permitting an excess of noise to a community within five miles of such airport, allows a state cause of action for GBN if a state has undertaken a study of GBN at an airport, and establishes that no federal statute is intended to
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Medicare Patient Empowerment Act of 2019 [S.2812]
[Healthcare ]
[Medicare and Medicaid ]
[Consumer Protection ]
[Public Health ]
[Insurance ]
[Senior Citizens ]
Allows any Medicare beneficiary to enter into a contract with an eligible professional, regardless of whether the professional is a participating or non-participating physician or practitioner, for any item or service covered by Medicare. Such beneficiaries may submit a claim for Medicare payment in the amount that would otherwise apply, except that, where the professional is considered to be non-participating, payment shall be paid as if the professional were participating. An eligible professional is a physician, physician assistant, nurse practitioner,
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Online Privacy Act of 2019 [HB-4978]
[Technology and Innovation ]
[Data Privacy ]
[Consumer Protection ]
[Cybersecurity ]
To provide for individual rights relating to privacy of personal information, to establish privacy and security requirements for covered entities relating to personal information, and to establish an agency to be known as the United States Digital Privacy Agency to enforce such rights and requirements, and for other purposes.
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Justice for Victims of Sanctuary Cities Act of 2019 [S.2059]
[Immigration ]
[Crime ]
[Public Safety ]
A bill to provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes.
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21st Century Transportation Fuels Act [HB-4690]
[Energy ]
[Transportation and Motor Vehicles ]
[Air Quality ]
To amend title II of the Clean Air Act and title II of the Petroleum Marketing Practices Act with respect to high-octane fuels, and for other purposes.
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Data Broker Accountability and Transparency Act of 2019 [S.2577]
[Consumer Protection ]
[Data Privacy ]
[Technology and Innovation ]
[Cybersecurity ]
Places requirements on an entity that collects, assembles, or maintains the personal data of an individual in order to sell or provide third-party access to the information (data brokers). Specifically, the bill requires a data broker to ensure the accuracy of personal information it collects, and it prohibits a data broker from obtaining an individual's personal information by false pretenses. A data broker must provide an individual with access to their personal information and a means to correct inaccuracies. Additionally, a data broker shall
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Competition Prescription Act of 2019 [HB-3947]
[Healthcare ]
[Pharmaceuticals ]
[Consumer Protection ]
To lower the cost of prescription drugs, and for other purposes.
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STRONGER Patents Act of 2019 Support Technology and Research for Our Nation’s Growth and Economic Resilience Patents Act of 2019 [HB-3666]
[Technology and Innovation ]
[Trade ]
[Consumer Protection ]
[Small Business ]
[Manufacturing ]
[Economic Development ]
[Funding ]
[Law Enforcement ]
[Science ]
Makes several patent-related changes, including with respect to how the U.S. Patent and Trademark Office (USPTO) conducts administrative patent validity reviews. When deciding inter partes reviews (IPRs) and post-grant reviews (PGRs), the USPTO's Patent Trial and Appeal Board (PTAB) shall give patent claim terms their ordinary and customary meanings as understood by a person of ordinary skill in the relevant art (the same standard used in court). If a court has already construed a patent claim, the USPTO shall consider that construction. The bill
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Mainstreaming Addiction Treatment Act of 2019 [S.2074]
[Healthcare ]
[Pharmaceuticals ]
[Public Health ]
[Overdose Prevention ]
[Mental Health ]
A bill to amend section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to eliminate the separate registration requirement for dispensing narcotic drugs in schedule III, IV, or V, such as buprenorphine, for maintenance or detoxification treatment, and for other purposes.
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STRONGER Patents Act of 2019 Support Technology and Research for Our Nation’s Growth and Economic Resilience Patents Act of 2019 [S.2082]
[Technology and Innovation ]
[Trade ]
[Small Business ]
[Consumer Protection ]
[Science ]
[Economic Development ]
[Manufacturing ]
[Law Enforcement ]
[Cybersecurity ]
[Artificial Intelligence ]
Makes several patent-related changes, including with respect to how the U.S. Patent and Trademark Office (USPTO) conducts administrative patent validity reviews. When deciding inter partes reviews (IPRs) and post-grant reviews (PGRs), the USPTO's Patent Trial and Appeal Board (PTAB) shall give patent claim terms their ordinary and customary meanings as understood by a person of ordinary skill in the relevant art (the same standard used in court). If a court has already construed a patent claim, the USPTO shall consider that construction. The bill
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ISA Student Protection Act of 2019 [S.2114]
[Student Loans ]
[Consumer Protection ]
[Education ]
[Taxes ]
[Finance ]
Provides for income-share agreements whereby a student agrees to pay a percentage of future income, for a specified period of time, in exchange for funds to pay for educational expenses. The bill places caps on the percentage of a student's future income that may go towards repayment, provides income minimums under which the required payment is zero, and establishes limitations on the length of these agreements. The bill provides for the treatment of these agreements under various laws, including tax, securities, and consumer finance laws.
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Justice for Victims of Sanctuary Cities Act of 2019 [HB-3964]
[Immigration ]
[Crime ]
[Public Safety ]
To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes.
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ENCRYPT Act of 2019 Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2019 [HB-4170]
[Cybersecurity ]
[Technology and Innovation ]
[Telecommunications ]
[National Security ]
[Data Privacy ]
[Law Enforcement ]
Prohibits a state from requiring a manufacturer, developer, seller, or provider of a technology product or service to (1) alter the security functions of its product or service to allow a government agency to conduct a physical search or user surveillance, or (2) use its product or service to decrypt encrypted information. A technology product or service includes a commercial computer product, electronic device, or online service that is publicly available. Additionally, it bars a state from prohibiting the manufacture, sale or lease, or provision
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Streamlining Part D Appeals Process Act [S.1861]
[Medicare and Medicaid ]
[Healthcare ]
[Pharmaceuticals ]
[Senior Citizens ]
Allows a Medicare beneficiary to directly appeal a pharmacy's refusal to fill a prescription as a coverage determination under the Medicare prescription drug benefit. Currently, if a pharmacy refuses to fill a prescription, the pharmacy provides the beneficiary with a notice explaining how to contact the beneficiary's prescription drug plan (PDP); the beneficiary must then obtain a written coverage determination (i.e., a decision denying coverage) from the PDP before initiating the appeals process.