United States · United States Congress · 12 March 2009
Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services, through the Substance Abuse and Mental Health Services Administration, to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations. Authorizes such grants to be used to provide or support: (1) the procurement and installation of safety equipment, including communications systems to assist agencies in locating staff, and technical assistance and training for safety communications; (2) training exercises for self-defense and crisis management; (3) facility safety improvements; (4) provision of pepper spray for self-defense; (5) training in cultural competency and on strategies for de-escalating a situation that could turn volatile; (6) training to help workers who work with mentally ill communities and who need help coping; and (7) educational resources and materials to train staff on safety and awareness measures. Directs the Secretary to establish guidelines for assuring the cost-effectiveness and quality of the safety measures funded.
United States · United States Congress · 11 March 2009
Calls on Turkey to: (1) eliminate all forms of discrimination, particularly those based on race or religion, and grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession; (2) safeguard religious and human rights; (3) continue the advancement of processes and programs to modernize and democratize its own society; (4) respect international law, European Union laws, and the basic tenets of human rights; and (5) prove that it is ready to meet the criteria set forth by the Copenhagen European Council prior to its accession into the European Union.
United States · United States Congress · 10 March 2009
Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 9 March 2009
Innovative Vehicle Act - Amends the Energy Independence and Security Act of 2007 to include: (1) ultra efficient vehicles within the meaning of "advanced technology vehicle"; (2) ultra efficient vehicle manufacturers as eligible recipients of advanced vehicles manufacturing facility funding awards; (3) facilities for the manufacture of ultra efficient vehicles among facilities that are given priority for such awards; and (4) a firm that manufactures ultra efficient vehicles or components of such vehicles within the meaning of "covered firm." Defines "ultra efficient vehicle" to mean a fully closed compartment vehicle designed to carry at least two adult passengers that achieves: (1) at least 75 miles per gallon while operating on gasoline or diesel fuel; or (2) the equivalent while operating as a hybrid electric-gasoline or electric-diesel vehicle or as a fully electric vehicle. Requires the Secretary of Energy to reconsider applications for assistance under the advanced technology vehicles manufacturing incentive program that were timely filed but rejected because the vehicles to which the proposal related were ultra efficient vehicles and not advanced technology vehicles.
United States · United States Congress · 6 March 2009
Recognizes Johnny Grant (the Honorary Mayor of Hollywood, California) as a key contributor to the revitalization of the image of Hollywood. Honors him for his service to the country, accomplishments, and contributions to the entertainment industry and the nation. Recognizes and expresses gratitude to Johnny Grant for the generous donation of his personal and extensive film collection series to the Department of State to be used as part of the Department's ongoing public diplomacy programs worldwide.
United States · United States Congress · 5 March 2009
Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons. Expresses the sense of Congress that a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) may divest plan assets from, or avoid investing plan assets in, a person that has investments of more than $20 million in Iran's energy sector without breaching his or her fiduciary duties under ERISA, if such determination is based on credible information and in accordance with federal law.
United States · United States Congress · 5 March 2009
Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Special Inspector General for the Troubled Asset Relief Program Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 to grant the Special Inspector General (SIG) authority to conduct, supervise, and coordinate an audit or investigation of any action taken with regard to the Troubled Asset Relief Program (TARP) that the SIG deems appropriate. Prohibits any audit or investigation, however, of any action related to: (1) graduated authorization to purchase troubled assets; (2) oversight and audits by the Comptroller General; (3) the Comptroller General's study and report on margin authority; and (4) the Congressional Oversight Panel. Authorizes the SIG to exercise specified employment authorities for additional personnel, but not after six months following enactment of this Act. Prohibits any period of appointment from exceeding the date on which the Office of the SIG terminates. States that if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed within the Office of the SIG for the Troubled Asset Relief Program, such annuity shall continue. Limits such allowance to: (1) not more than 25 employees at any time as designated by the SIG; and (2) only pay periods beginning after the enactment of this Act. Requires the Secretary of the Treasury either to: (1) take action to address deficiencies identified by a report or investigation of the SIG or other auditor engaged by the TARP; or (2) certify to congressional committees that no action is necessary or appropriate. Instructs the SIG to work with Inspectors General of designated federal agencies to: (1) avoid duplication of effort; and (2) ensure comprehensive oversight of TARP. Requires the SIG to: (1) report to Congress by September 1, 2009, on the use of any funds received by a financial institution under TARP; and (2) make such report available to the public, including on the home page of the SIG's website within 24 hours after its submission to Congress. Requires funding for the office of the SIG to be made available not later than seven days after the the date of enactment of this Act. Makes the Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction members of the Council of the Inspectors General on Integrity and Efficiency until the termination of their respective Offices.
United States · United States Congress · 4 March 2009
Amends the Immigration and Nationality Act to allow states to be compensated for incarcerating undocumented aliens who are charged with, or convicted of, a felony or two or more misdemeanors. (Current law requires a conviction.)
United States · United States Congress · 4 March 2009
Clean Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define "fill material" to mean any pollutant that replaces portions of waters of the United States with dry land or that changes the bottom elevation of a water body for any purpose and to exclude any pollutant discharged into the water primarily to dispose of waste.
United States · United States Congress · 3 March 2009
Military Readiness Enhancement Act of 2009 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct. Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation.
United States · United States Congress · 3 March 2009
Stop Tax Haven Abuse Act - Amends Internal Revenue Code provisions relating to tax shelter activities to: (1) establish legal presumptions against the validity of transactions involving offshore secrecy jurisdictions (i.e., foreign tax havens identified in this Act and by the Secretary of the Treasury); (2) impose restrictions on foreign jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or that impede U.S. tax enforcement; (3) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations; (4) increase the period for Internal Revenue Service (IRS) review of tax returns involving offshore secrecy jurisdictions; (5) require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts and accounts established in offshore secrecy jurisdictions; (6) disallow tax advisor opinions validating transactions in offshore secrecy jurisdictions; (7) subject dividend equivalents and substitute dividends to the 30% tax on foreign income; and (8) impose reporting requirements for transactions involving a passive foreign investment company. Amends the Securities Exchange Act of 1934 and other federal enactments to impose a penalty for failure to disclose holdings or transactions involving a foreign entity. Requires the Secretary of the Treasury to publish a final rule requiring unregistered investment companies, including hedge funds or private equity funds, to establish anti-money laundering programs, and to submit suspicious activity reports. Modifies requirements for certain third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (John Doe summons). Increases penalties for promoting abusive tax shelters and for aiding and abetting the understatement of tax liability. Prohibits the patenting of tax planning inventions. Prohibits tax advisor contingent fee agreements for obtaining tax savings or benefits. Allows increased disclosure of tax information for enforcement purposes. Directs the Secretary to impose standards for written tax opinions by tax practitioners. Denies tax deductions for certain fines and penalties for violations of law and for interest paid on certain understatements of tax. Sets forth rules for the application of the economic substance doctrine and imposes penalties for underpayments of tax due to transactions lacking economic substance.
United States · United States Congress · 3 March 2009
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA), including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Directs the Secretary to establish the Center for Tobacco Products to implement this Act. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Authorizes the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if appropriate for the protection of the public health. Sets forth limits on such regulations, including prohibiting establishment of a minimum age greater than 18 for product purchases. Prohibits: (1) cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee; or (2) a tobacco product manufacturer from using tobacco that contains a greater level of pesticide chemical residue than is specified by any tolerance applicable to domestically grown tobacco. Requires the Secretary to establish tobacco product standards to protect the public health. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all other cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of the nicotine yields of a tobacco product to zero. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Revises tobacco product warning labels and advertising requirements. Thrift Savings Plan Enhancement Act of 2009 - Amends provisions related to the Thrift Savings Plan (TSP), including to provide for: (1) automatic enrollment of new employees; and (2) a Roth contribution program.
United States · United States Congress · 2 March 2009
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Arnold Palmer (golf professional) in recognition of his service to the nation in promoting excellence and good sportsmanship.
United States · United States Congress · 26 February 2009
Fairness in Nursing Home Arbitration Act of 2009 - Provides that a pre-dispute arbitration agreement between a long-term care facility and a resident (or anyone acting on the resident's behalf) shall not be valid or specifically enforceable.
United States · United States Congress · 26 February 2009
Waives certain time limitations with respect to the posthumous award of the Medal of Honor to Doris Miller for acts of heroism during World War II as a member of the United States Navy.
United States · United States Congress · 26 February 2009
Payday Loan Reform Act of 2009 - Amends the Truth in Lending Act to require a creditor to make specified disclosures when making a payday loan to a consumer. Prohibits a creditor from making a payday loan to any consumer unless: (1) specified notices are posted conspicuously in English and Spanish in the creditor's public lending area, or, if the loan is made using the Internet, fax or other means, posted conspicuously on the creditor's public internet site relating to any such payday loan; and (2) the creditor offers the consumer an extended repayment plan that meets specified requirements. Sets forth prohibited lender practices, including: (1) requiring a consumer to pay interest and fees that, combined, total more than 15 cents for every dollar loaned in connection with a payday loan; (2) threatening or seeking to have the consumer prosecuted in criminal court to collect the loan; and (3) taking or attempting to take an interest in any of the consumer's personal property to secure the loan. Authorizes a consumer to cancel future payment obligations on a payday loan, without cost or finance charges, by: (1) informing the creditor in writing within two days after executing the loan agreement that the consumer wants to rescind the loan; and (2) returning to the creditor the cash amount of the loan principal. Empowers state attorneys general to enforce this Act.
United States · United States Congress · 26 February 2009
Federal Reserve Transparency Act of 2009 - Repeals the authority of the Comptroller General to carry out an onsite examination of an open insured bank or bank holding company only if the appropriate federal regulatory agency has consented in writing. (Retains the authority of the Comptroller General to audit a federal agency.) Directs the Comptroller General to complete, before the end of 2010, an audit of the Board of Governors of the Federal Reserve System and of the federal reserve banks, followed by a detailed report to Congress.
United States · United States Congress · 25 February 2009
Fire Sprinkler Incentive Act of 2009 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. Makes this Act applicable to property placed in service after April 11, 2003.
United States · United States Congress · 25 February 2009
Federal and Military Retiree Health Care Equity Act - Amends the Internal Revenue Code to permit: (1) federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 25 February 2009
Directs the Secretary of State to: (1) report annually to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations regarding each foreign country in which acts of unfair business and investment practices have resulted in poor business and investment climates; and (2) establish a system to inform the U.S. business and investing communities of such conditions.
United States · United States Congress · 23 February 2009
Preventing Harassment through Outbound Number Enforcement Act of 2009 or the PHONE Act of 2009 - Amends the federal criminal code to prohibit: (1) using or providing false caller ID information with the wrongful intent to obtain anything of value or with the intent to deceive the recipient of a call about the idenity of the caller; or (2) attempts or conspiracies to do so. Exempts from such prohibitions authorized activities of a U.S. law enforcement or intelligence agency. Provides for criminal forfeiture of any gains from violations of this Act and any equipment, software or other technology used to commit such violations. Establishes fraud crimes related to electronic mail and caller ID spoofing as predicates for money laundering prosecutions.
United States · United States Congress · 23 February 2009
Amends the Internal Revenue Code to: (1) increase the allowable amount of the railroad track maintenance tax credit; (2) revise the types of expenditures eligible for such credit; and (3) extend such credit through 2012.
United States · United States Congress · 13 February 2009
Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a PROMISE Advisory Panel to assist the Office of Juvenile Justice and Delinquency Prevention in: (1) assessing and developing standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity; and (2) collecting data in designated geographic areas to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to local governments and Indian tribes to: (1) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth; and (2) implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with current research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention and intervention. Directs the Administrator to award grants to: (1) allow institutions of higher education to serve as regional research partners with PCCs; and (2) hire and train law enforcement officers as youth-oriented police to work with PCCs, other community-based organizations, and high-risk youth. Establishes a Center for Youth-Oriented Policing. Mynisha's Law - Authorizes any local government or Indian Tribe with a PCC to submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention for designation as a Comprehensive Gang Prevention and Relief Area. Authorizes the Attorney General to award grants to partnerships comprising state mental health authorities and local or private entities to prevent or alleviate the effects of youth violence in urban communities with a high or increasing incidence of such violence. Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 or the PRECAUTION Act - Establishes the National Commission on Public Safety Through Crime and Delinquency Prevention to: (1) carry out a comprehensive study of the effectiveness of certain crime and delinquency prevention and intervention strategies: and (2) make initial and final reports on such strategies to specified federal and state officials. Authorizes the Director of the National Institute of Justice to make three-year grants to public and private entities for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants for the creation and expansion of state, local, and tribal juvenile witness and victim protection grants.
United States · United States Congress · 13 February 2009
Pulmonary Fibrosis Research Enhancement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on pulmonary fibrosis and other interstitial lung diseases; (2) establish the National PF Registry; and (3) establish the National Pulmonary Fibrosis Advisory Board. Allows the Secretary, acting through the Director of the CDC, to provide for the collection, analysis, and reporting of data on pulmonary fibrosis and other interstitial lung diseases that can be confused with, misdiagnosed as, and progress to pulmonary fibrosis. Requires the Secretary, in developing the Registry, to: (1) expand and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure; and (2) provide for research access to pulmonary fibrosis data. Directs the Secretary to ensure that epidemiological and other types of information are made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA). Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate Institute pulmonary fibrosis research activities. Requires the Director of CDC to prepare the National Pulmonary Fibrosis Action Plan. Requires the Secretary to: (1) convene a summit of individuals with expertise in research and care of pulmonary fibrosis to provide a detailed overview of NIH research activities and discuss potential collaborations between NIH and other federal health agencies; and (2) make information about NIH activities relating to pulmonary fibrosis publicly available.
United States · United States Congress · 13 February 2009
Genuine American Flag Act - Prohibits the importation for sale of foreign-made flags of the United States of America (regardless of size and whether or not in compliance with the standard proportions prescribed by Executive order).
United States · United States Congress · 13 February 2009
Condemns the government of Iran for its state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights. Calls on the government of Iran to release the seven leaders and all other prisoners held solely on account of their religion, including: Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid Tizfahm, Ms. Raha Sabet, Mr. Sasan Taqva, and Ms. Haleh Roohi.
United States · United States Congress · 12 February 2009
Uniting American Families Act of 2009 - Amends the Immigration and Nationality Act to include a "permanent partner" within the scope of such Act. Defines a "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, any other individual other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines a "permanent partnership" as the relationship existing between two permanent partners.
United States · United States Congress · 11 February 2009
Mammogram and MRI Availability Act of 2009 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides coverage for diagnostic mammography for any woman 40 years old or older to provide no less favorable coverage for annual screening mammography for such a woman, and diagnostic mammography, annual screening mammography, and annual magnetic resonance imaging for any high risk woman. Prohibits a group health plan from denying enrollment or renewal solely to avoid the requirements of this Act, providing monetary incentives to encourage women to accept less than such minimum protections, penalizing providers for providing care in accordance with this Act, or providing incentives to induce providers to provide care in a manner inconsistent with this Act. Applies such requirements and prohibitions to coverage offered in the individual market.
United States · United States Congress · 11 February 2009
Northern Rockies Ecosystem Protection Act - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Northern Continental Divide ecosystem; (2) Greater Yellowstone ecosystem; (3) Greater Salmon/Selway ecosystem; (4) Greater Cabinet/Yaak/Selkirk ecosystem; (5) Greater Hells Canyon ecosystem; (6) Islands in the Sky Wilderness; and (7) Blackfeet Wilderness. Designates: (1) specified wild land areas as Biological Connecting Corridors to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as wilderness and components of the System; and (3) certain biological connecting corridors as special corridor management areas. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Establishes the National Wildland Restoration and Recovery System and the National Wildland Recovery Corps. Requires the Secretaries of the Interior and Agriculture to assure nonexclusive access to the specified areas and corridors designated by this Act by Native Americans for traditional cultural and religious purposes.
United States · United States Congress · 10 February 2009
Federal Firefighters Fairness Act of 2009 - Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus (HIV), and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health (NIOSH) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.
United States · United States Congress · 4 February 2009
Performance Rights Act - Amends federal copyright law to: (1) grant performers of sound recordings equal rights to compensation from terrestrial broadcasters; (2) establish a flat annual fee in lieu of payment of royalties for individual terrestrial broadcast stations with gross revenues of less than $1.25 million and for noncommercial, public broadcast stations; (3) grant an exemption from royalty payments for broadcasts of religious services and for incidental uses of musical sound recordings; and (4) grant terrestrial broadcast stations that make limited feature uses of sound recordings a per program license option. Prohibits taking into account license fees payable for public performance via digital audio transmission of sound recordings in any proceeding to set or adjust the license fees for the purpose of reducing or adversely affecting such license fees. (Current law prohibits taking those fees into account in such a proceeding without referencing the purpose.) Prohibits anything in this Act from adversely affecting the public performance rights or royalties payable to songwriters or copyright owners of musical works. Prohibits taking into account the rates established by the Copyright Royalty Judges in any proceeding to reduce or adversely affect the license fees payable for public performances by terrestrial broadcast stations. Requires that such license fees for the public performance of musical works be independent of license fees paid for the public performance of sound recordings. Revises provisions relating to proceeds from the licensing of transmissions.
United States · United States Congress · 4 February 2009
American Anti-Torture Act of 2009 - Amends the Detainee Treatment Act of 2005 to prohibit any person in the custody or control of the United States (under current law, the Department of Defense) from being subject to any treatment or technique of interrogation not authorized by and listed in the U.S. Army Field Manual on Human Intelligence Collector Operations. Makes such prohibition inapplicable with respect to any person in the custody or control of the United States (under current law, the Department of Defense) pursuant to a U.S. criminal or immigration law.
United States · United States Congress · 4 February 2009
Stem Cell Research Enhancement Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements.
United States · United States Congress · 3 February 2009
Department of Peace Act - Establishes a Department of Peace, which shall be headed by a Secretary of Peace (Secretary). Sets forth the mission of the Department, including: (1) cultivation of peace as a national policy objective; and (2) development of policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful conflict resolution, and structured conflict mediation. Establishes in the Department: (1) the Office of Peace Education and Training; (2) the Office of Domestic Peace Activities; (3) the Office of International Peace Activities; (4) the Office of Technology for Peace; (5) the Office of Arms Control and Disarmament; (6) the Office of Peaceful Coexistence and Nonviolent Conflict Resolution; (7) the Office of Human Rights and Economic Rights; and (8) the Intergovernmental Advisory Council on Peace. Directs the Secretary of Defense and the Secretary of State to consult with the Secretary concerning nonviolent means of conflict resolution when a conflict between the United States and any other government or entity is imminent or occurring. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes the Federal Interagency Committee on Peace. Directs the Secretary to encourage citizens to celebrate the blessings of peace and endeavor to create peace on a Peace Day.
United States · United States Congress · 3 February 2009
Brewers Excise and Economic Relief Act of 2009 - Amends the Internal Revenue Code to: (1) reduce from $18 to $9 ( the pre-1991 level) the per-barrel tax on beer; and (2) allow a further reduction in such tax for brewers who produce not more than 2 million barrels annually.
United States · United States Congress · 28 January 2009
Pedestrian Safety Enhancement Act of 2009 - Directs the Secretary of Transportation to study and report to Congress on the minimum level of sound that is necessary to be emitted from a motor vehicle, or some other method, to alert blind and other pedestrians of the presence of operating motor vehicles while traveling.
United States · United States Congress · 28 January 2009
Urges the Secretary of State to take measures to certify that United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) operates in full compliance with the Foreign Assistance Act and that no American taxpayer dollars are being directed to terrorists or to further terrorist propaganda. Calls on UNRWA to improve the transparency of educational materials used in UNRWA-administered schools. Urges UNRWA to implement terrorist name recognition software and other screening procedures to help ensure that UNRWA staff, volunteers, and beneficiaries are neither terrorists nor affiliated with terrorist organizations.
United States · United States Congress · 27 January 2009
Phylicia's Law - Amends the Elementary and Secondary Education Act of 1965 to require local educational agencies applying for funds under the Safe and Drug-Free Schools and Communities program to require schools sponsoring off-premises overnight field trips to develop, and provide to parents whose children are to be taken on such trips, written safety plans that include: (1) policies on curfews, room checks, and chaperone qualifications; and (2) emergency procedures to be followed when a serious injury or death occurs.
United States · United States Congress · 27 January 2009
Recognizes that Armed Forces members from the Inland Empire region of southern California, including San Bernardino and Riverside Counties, gave, and continue to give, to our nation. Commits to providing wounded warriors with the highest quality of medical care available, including for their families. Commends Inland Empire citizens and organizations who volunteer to support America's wounded warriors. Encourages Members and citizens to show support and appreciation for returning troops. Honors the sacrifices made by Armed Forces members from the Inland Empire and their families. Understands that the American people are forever grateful to Armed Forces members from the Inland Empire for their service to the United States.
United States · United States Congress · 22 January 2009
Credit Cardholders' Bill of Rights Act of 2009 - Amends the Truth in Lending Act to prohibit a creditor from increasing any annual percentage rate of interest (APR) applicable to the existing balance on an open end consumer credit card account unless specified conditions are met. Allows a creditor to increase an APR on the existing credit card balance only if the increase is due solely to one of three specified circumstances. Requires a 45-day advance notice of credit card account rate increases. Prohibits imposition of a finance charge, with certain exceptions, upon a credit card account balance that is based on balances for days in billing cycles preceding the most recent billing cycle (double cycle billing). Prohibits the imposition of a fee on an outstanding credit card balance, at the end of a billing period, that is attributable only to interest accrued during the preceding billing period on an outstanding balance fully repaid during that preceding billing period. Requires each periodic statement of account to provide the telephone number, Internet address, and website at which the payoff balance may be requested. Grants a consumer the right to reject a new credit card before the creditor notifies a consumer reporting agency of its corresponding account. Sets forth special rules for accounts with promotional rate balances or deferred interest balances. Prohibits a creditor from denying a cardholder a specified payment grace period if the cardholder takes advantage of a promotional rate balance or deferred interest rate balance. Requires creditors to send a periodic credit card statement of account to the consumer at least 25 calendar days before the due date for the next payment on the outstanding balance. Authorizes a consumer to opt-out of creditor authorization of over-the-limit transactions if fees are imposed. Prohibits imposition of any over-the-limit fee if the credit limit was exceeded due to a credit hold, unless the actual amount of the transaction for which the hold was placed would have resulted in the consumer's exceeding such credit limit. Prescribes the contents of credit card price and availability information which the Board of Governors of the Federal Reserve System (Board) must collect and make public semiannually. Prescribes a standard for the initial issuance of subprime or "fee harvester" cards (accounts requiring first-year fee payments in excess of 25% of the total amount of credit authorized). Prohibits extensions of credit to consumers under age 18, unless they are emancipated under state law.
United States · United States Congress · 22 January 2009
Access to Postal Services Act - Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any postal facility, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected postal facility at least 90 days before the final decision is made; and (4) requiring (under current law, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Exempts emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service. Defines "postal facility," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service.
United States · United States Congress · 21 January 2009
Honors Chesley B. Sullenberger III as the "Hero of the Hudson" and commends him for his display of courage. Praises Chesley B. Sullenberger III, not only for his commitment to the safety of the passengers of US Airways Flight 1549, but for his safety-related efforts with respect to the airline industry.
United States · United States Congress · 21 January 2009
Mourns the loss of life caused by the landslide that occurred on January 4, 2009, in Guatemala and the earthquake on January 8, 2009, in Costa Rica. Expresses condolences to the victims' families. Applauds the prompt humanitarian responses to these natural disasters by the governments of Guatemala and Costa Rica. Expresses the sense of the House of Representatives that it should be U.S. policy to: (1) assist the governments of Guatemala and Costa Rica in humanitarian and reconstruction efforts; and (2) continue technical assistance to Central American governments to strengthen their disaster management capacities.
United States · United States Congress · 16 January 2009
Right to Clean Vehicles Act - Amends the Clean Air Act to approve the application of the state of California for a waiver of federal preemption of its motor vehicle emission standards.
United States · United States Congress · 16 January 2009
Declares that the House of Representatives: (1) observes the 80th birthday of Martin Luther King, Jr.; and (2) pledges to advance Dr. King's legacy. Encourages the people of the United States to: (1) observe Dr. King's 80th birthday and his life; (2) commemorate his legacy so that, as Dr. King hoped, "one day this nation will rise up and live out the true meaning of its creed: `We hold these truths to be self-evident; that all men are created equal'"; and (3) remember Dr. King's message and rededicate themselves to his goal of a free and just United States.
United States · United States Congress · 15 January 2009
Amends the Atomic Energy Act of 1954 to require a joint congressional resolution of approval for a subsequent arrangement to an agreement for peaceful nuclear cooperation (section 123 agreement). (Under current law such an agreement becomes effective unless Congress disapproves it within a specified time period.) Directs the President to keep the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations fully informed of any initiative or negotiations relating to a new or amended section 123 agreement.
![Official portrait of Rep. Sherman, Brad [D-CA-32]](https://www.congress.gov/img/member/s000344_200.jpg)