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Also tagged in: Damages, Employers' liability, Government liability, Labor, Labor contracts, Law, Legal fees, Mediation, Politics and government, Punitive damages
Latest Action: 09/27/2008 - Referred to the Committee on Veterans' Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committe

Bill Text
To amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes. 9/27/2008--Introduced. Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (current law authorizes) the award of attorney fees in [...]

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Also tagged in: Actions and defenses, Business, Business and social problems, Civil rights, Civil rights enforcement, Crimes against women, Criminal justice, Damages, Employee crimes, Employers' liability
Latest Action: 09/17/2008 - Sponsor introductory remarks on measure. (CR E1823)

Bill Text
To protect the civil rights of victims of gender-motivated violence and to promote public safety, health, and regulate activities affecting interstate commerce by creating employer liability for negligent conduct that results in an individual's committing a gender-motivated crime of violence against another individual on premises controlled by the employer, and for other purposes. 9/17/2008--Introduced. Declares an employer liable to a party injured in a crime of violence motivated by gender if: (1) the employer's business is in or affects interstate or foreign commerce; and (2) the employer's negligent conduct results in the perpetration of a gender-motivated crime of violence against an individual upon premises under the employer's control.States that nothing in this Act: (1) entitles a person to a cause of action for random acts of violence unrelated to gender or for acts that cannot be demonstrated to be motivated by gender; or (2) requires a prior criminal complaint,[...]

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Also tagged in: Administrative procedure, Business, Consumer goods, Consumers, Crime prevention, Criminal justice, Executive departments, Fraud, Identification devices, Labeling
Latest Action: 08/01/2008 - Sponsor introductory remarks on measure. (CR S8041-8042)

Bill Text
A bill to combat organized crime involving the illegal acquisition of retail goods for the purpose of selling those illegally obtained goods through physical and online retail marketplaces. 8/1/2008--Introduced. Combating Organized Retail Crime Act of 2008 - Amends the federal criminal code to: (1) expand the definitions of the crimes of transporting and selling or receiving stolen goods to include thefts having an aggregate value of $5,000 or more during any 12-month period; (2) modify the crime of fraud involving access devices to include the Universal Product Code label as an access device; and (3) set forth provisions to prevent sales of illegally obtained goods in a physical or online retail marketplace and to grant enforcement powers to states to obtain injunctive and other relief against persons engaged in organized retail crime.Directs the U.S. Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines for persons convicted of offenses [...]

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Also tagged in: Damages, Employers' liability, Government liability, Labor, Labor contracts, Law, Legal fees, Mediation, Politics and government, Punitive damages
Latest Action: 08/01/2008 - Read twice and referred to the Committee on Veterans' Affairs.

Bill Text
A bill to amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes. 8/1/2008--Introduced. Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (under current law, authorizes) the award of attorney [...]

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Also tagged in: Consumer credit, Consumers, Criminal justice, Finance, Fines (Penalties), Interest rates, Law
Latest Action: 07/17/2008 - Sponsor introductory remarks on measure. (CR S6941)

Bill Text
A bill to amend the Truth in Lending Act to establish a national usury rate for consumer credit transactions.

7/17/2008--Introduced.

Protecting Consumers from Unreasonable Credit Rates Act of 2008 - Amends the Truth in Lending Act to prohibit a creditor from making an extension of credit to a consumer with respect to which the annual percentage credit rate (APR) exceeds 36%.

Includes within such APR all charges payable directly or indirectly incident to, ancillary to, or as a condition of the extension of credit.

States that any payment in violation of this Act is null, void, and unenforceable.

Prescribes civil and criminal penalties for violations of this Act. Empowers states' Attorneys General to enforce it.


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Also tagged in: Actions and defenses, Aliens, Consular agreements, Criminal aliens, Criminal investigation, Criminal justice, Embassies, Foreign policy, Government liability, International affairs
Latest Action: 07/14/2008 - Referred to the House Committee on the Judiciary.

Bill Text
To create a civil action to provide judicial remedies to carry out certain treaty obligations of the United States under the Vienna Convention on Consular Relations and the Optional Protocol to the Vienna Convention on Consular Relations.

7/14/2008--Introduced.

Avena Case Implementation Act of 2008 - Authorizes a person whose rights are infringed by a nonforeign governmental authority's violation of the Vienna Convention on Consular Relations and the Optional Protocol to the Vienna Convention on Consular Relations to bring a civil action to obtain: (1) declaratory or equitable relief; and (2) in any case where the plaintiff is convicted of a criminal offense where the violation occurs during and in relation to the investigation or prosecution of the offense, any relief required to remedy the harm done by the violation, including vitiation of conviction or sentence.


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Also tagged in: Administrative procedure, Aviation fuels, Coal, Commodity exchanges, Commodity Futures Trading Commission, Congress, Congressional oversight, Congressional reporting requirements, Department of Energy, Derivative securities
Latest Action: 06/24/2008 - Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Bill Text
A bill to provide for regulation of certain transactions involving energy commodities, to strengthen the enforcement authorities of the Federal Energy Regulatory Commission under the Natural Gas Act and the Federal Power Act, and for other purposes. 6/24/2008--Introduced. Prevent Unfair Manipulation of Prices Act of 2008 - Amends the Commodity Exchange Act (CEA) to extend the regulatory authority of the Commodity Futures Trading Commission (CFTC) to certain transactions in derivatives involving specified energy commodities ("included energy transactions"), including those on foreign boards of trade.Defines "included energy transaction" as a contract, agreement, or transaction in an energy commodity for future delivery that: (1) provides for a delivery point in the United States; or (2) is transacted on a computer terminal located in the United States.Prohibits the CFTC from exempting from regulation any "included energy transaction"[...]

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Also tagged in: Actions and defenses, Administrative procedure, Alcohol and youth, Budgets, Child abuse, Child welfare, Children, Children's rights, Congress, Congressional reporting requirements
Latest Action: 06/26/2008 - Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Bill Text
To require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs, and for other purposes. 6/25/2008--Passed House without amendment.    (There is 1 other summary) (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Stop Child Abuse in Residential Programs for Teens Act of 2008 - (Sec. 3) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce. Defines "covered program" as one operated by a public or private entity that with respect to one or more children unrelated to the program owner or operator: (1) provides a residential environment; and (2) operates with a focus on serving [...]

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(6) Comments About This Bill
Also tagged in: Actions and defenses, Administrative procedure, Business, Congress, Congressional reporting requirements, Consumer education, Consumers, Criminal justice, Damages, Department of Justice
Latest Action: 10/15/2008 - Became Public Law No: 110-425.

Bill Text
To amend the Controlled Substances Act to address online pharmacies. 10/15/2008--Public Law.    (There are 2 other summaries) (This measure has not been amended since it was passed by the House on September 28, 2008. The summary of that version is repeated here.)Ryan Haight Online Pharmacy Consumer Protection Act of 2008 - Amends the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of a controlled substance that is a prescription drug over the Internet without a valid prescription. Exempts telemedicine practitioners. Defines "valid prescription" as a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by a practitioner who has conducted at least one in-person medical evaluation of a patient.Defines "online pharmacy" as a person, entity, or Internet site, whether in the United States or abroad, that knowingly or intentionally [...]

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Also tagged in: Administrative fees, Administrative remedies, Appellate courts, Appellate procedure, Budgets, Civil procedure, Criminal justice, Criminal procedure, Department of Commerce, Disasters
Latest Action: 07/28/2008 - Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

Bill Text
To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts, and for other purposes. 6/23/2008--Passed House without amendment.    (There is 1 other summary) (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Responsive Government Act of 2008 - Amends the federal judicial code to authorize the chief judge of a district or court of appeals to delay, toll, or otherwise grant relief from time deadlines applicable to pending civil and criminal cases in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable to comply with such deadlines. Grants the Director of the United States Patent and Trademark Office authority to: (1) waive statutory provisions governing the filing, processing, renewal, and maintenance of patents, trademark registrations, and patent and trademark [...]

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