DePaul University

Updates on Federal, State and local law related to Higher Education issues will be made available on this site quarterly.

Higher Education Law Update

HR.609 College Access and Opportunity Act of 2005: To amend and extend the Higher Education Act of 1965. Passed committee markup and forwarded to House July 22, 2005. Placed on House Legislative Calendar September 22, 2005.

• Revises HEA title IV (Student Assistance) to: (1) require a variable rather than a fixed interest rate for consolidation loans; (2) reduce loan origination fees; (3) increase subsidized loan limits; and (4) modify need analysis requirements.

• Establishes: (1) Pell Grants Plus grants for State scholar students; (2) policies for institutions’ transfer of credits; (3) a college access initiative; (4) an expanded distance education demonstration; and (5) a college affordability demonstration.

 

S.713 Collegiate Housing and Infrastructure Act of 2005: Changes IRS code to make sure organizations that make grants to universities for housing and infrastructure improvement will be treated as charitable or educational entity. In committee.

HR.1548 Collegiate Housing and Infrastructure Act of 2005: (Related bill to above, with same description.) In committee.

Privacy:

S.306 Genetic Information Nondiscrimination Act of 2005: A bill to prohibit discrimination on the basis of genetic information with respect to health insurance and employment. Passed Senate; held at desk.

• Amends ERISA so that genetic information cannot be used as an enrollment eligibility factor for a group health insurance program, prohibits adjusting premiums based on genetic information and requiring an individual to take a genetic test and, as an unlawful employment practice, prohibits an employer from discriminating against an employee, individual, or member on the basis of genetic information.

• Allows a participant or beneficiary to bring a civil action for violations.

• Applies health information privacy regulations to the use and disclosure of genetic information.

• Requires an employer that has any genetic information about an employee or member to keep it in separate files and treat it as a confidential medical record.

• Prohibits an employer from disclosing such genetic information except in certain limited circumstances.

 

S.1332 Personal Data Privacy and Security Act of 2005: A bill to prevent and mitigate identity theft; to ensure privacy; and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information. On Senate Legislative Calendar under General Orders.

S. 1408 Identity Theft Protection Act: A bill to strengthen data protection and safeguards, require data breach notification, and further prevent identity theft. Reported favorably out of Committee on Commerce, Science and Transportation with an amendment July 28, 2005.

S.751 Notification of Risk to Personal Data Act: A bill to require Federal agencies and persons engaged in interstate commerce in possession of data containing personal information, to disclose any unauthorized acquisition of such information. In consideration by Judiciary committee July 28, 2005.

H.R. 1263 Consumer Privacy Protection Act of 2005: To protect and enhance consumer privacy, and for other purposes. In subcommittee.

HB1633 (Illinois) Personal Information Protection Act: Requires any data collector that owns or licenses personal information concerning an Illinois resident to notify that person if the security of that information has been breached. Passed both House and Senate and approved by Governor Blagojevich June 16, 2005. Effective January 1, 2006.

Intellectual Property:

S.167 Family Entertainment and Copyright Act of 2005: A bill to provide for the protection of intellectual property rights, and for other purposes. Became Public Law No. 109-9 April 27, 2005.

• Makes the creation of pirated videos and DVDs a federal crime.

 

HR.683 Trademark Dilution Revision Act of 2005: To amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment. Passed by House and referred to Senate April 19, 2005. Referred by Senate to Committee on the Judiciary April 20, 2005.

• An owner of a famous mark can prevent another person or group from using the mark in a way that tarnishes its image or blurs its distinctiveness regardless of whether confusion, competition, or economic injury has happened.

• Certain acts are not actionable as dilution by blurring or tarnishment, including: (1) fair use of a famous mark by another person in commercial advertising; (2) parodying, criticizing, or commenting upon the famous mark owner or the owner's goods or services; and (3) all forms of news reporting and news commentary.

 

HR.2955 Intellectual Property Jurisdiction Clarification Act of 2005: To amend title 28, United States Code, to clarify that the Court of Appeals for the Federal Circuit has exclusive jurisdiction of appeals relating to patents, plant variety protection, or copyrights, and for other purposes. Passed subcommittee markup and forwarded to full Committee on the Judiciary June 28, 2005.

Finance:

S.256 Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: A bill to amend title 11 of the United States Code, and for other purposes. Became Public Law No. 109-8 April 20, 2005.

• For further information, please see the memo prepared by the OGC for Student Accounts.

 

Taxes:

HR.8 Death Tax Repeal Permanency Act of 2005: To make the repeal of the estate tax permanent. Passed by House April 13, 2005 and referred to Senate April 20, 2005. Placed on Senate Legislative Calendar September 7, 2005.

• Deletes sunset clauses, making repeal permanent.

 

Legal:

HR.420 Lawsuit Abuse Reduction Act of 2005: To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes. Reported by the Committee on Judiciary and placed on House Legislative Calendar June 14, 2005.

• Requires courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits and allows the court to award reimbursement of expenses and attorneys’ fees to parties who win Rule 11 motions.

• Establishes that any issue that has been litigated in any arena and lost three consecutive times and is brought again is a Rule 11 violation.

• Imposes additional sanctions for the intentional destruction of documents sought in, and highly relevant to, a court proceeding. 

Healthcare:

S.282 Family and Medical Leave Expansion Act: To expand the scope of the Act, specifically to grant leave to employees for domestic violence. In committee.

S.1214 Equity in Prescription Insurance and Contraceptive Coverage Act of 2005: A bill to require equitable coverage of prescription contraceptive drugs and devices, and contraceptive services under health plans. In committee.