United States · United States Congress · 25 March 2009
Community Living Assistance Services and Supports Act or the CLASS Act - Amends the Public Health Service Act to create a national, voluntary disability insurance program (CLASS program) under which: (1) all employees are automatically enrolled, but are allowed to waive enrollment; (2) payroll deductions pay monthly premiums; and (3) two-tiered benefits are provided, based on the level of disability, to purchase nonmedical services and supports that the beneficiary needs to maintain independence. Establishes the Independence Fund within the Treasury. Requires the CLASS program to be treated for tax purposes in the same manner as a qualified long-term care insurance contract. Amends the Social Security Act to require each state to: (1) assess the extent to which personal care services providers are serving or able to serve as fiscal agents, employers, and providers of employment-related benefits for personal care attendant workers, who provide personal care services to individuals receiving benefits under this Act; (2) designate or create entities to serve such purposes; and (3) ensure that such entities will not negatively alter or impede existing programs, models, methods, or administration of service delivery that provide for consumer controlled or self-directed home and community services, impede the ability of individuals to direct and control their home and community services, or inhibit individuals from relying on family members for such services. Requires the Secretary of Health and Human Services to establish a Personal Care Attendants Workforce Advisory Panel to examine and advise the Secretary and Congress on workforce issues related to personal care attendant workers. Amends the Internal Revenue Code to allow: (1) a deduction for premiums paid for the CLASS program; (2) a credit CLASS program enrollees with low income; and (3) a credit for employers for the cost incurred to automatically enroll employees and withhold monthly premiums.
United States · United States Congress · 25 March 2009
National Women's History Museum Act of 2009 - Directs the Administrator of General Services (GSA) to convey to the National Women's History Museum, Inc. (the Museum) the northern part of specified property in the District of Columbia, which the Administrator and the Museum deem appropriate for a museum facility. Grants the Administrator the authority to convey the southern part of such property to the Museum. Requires the Administrator to enter into an agreement with the Museum for the conveyance. Permits separate conveyance of the northern and southern parts. Requires the northern part to be dedicated for use as a site for a national women's history museum for a 99-year period and allows the southern part to be used for any purposes permitted by applicable laws and regulations.
United States · United States Congress · 25 March 2009
Protecting Consumer Access to Generic Drugs Act of 2009 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than: (1) the right to market the generic drug before the expiration of the patent or other exclusivity period; or (2) the waiver of a patent infringement claim for damages. Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers. Amends the Federal Food, Drug, and Cosmetic Act to provide that a generic drug applicant forfeits market exclusivity for failing to market the drug 75 days after: (1) a court dismisses a declaratory judgment action for lack of subject matter jurisdiction; or (2) the applicant files with the Secretary of Health and Human Services a covenant that the patent owner will not sue the applicant for patent infringement. Deems an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.
United States · United States Congress · 25 March 2009
Ending the Medicare Disability Waiting Period Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) phase out the waiting period for disabled individuals to become eligible for benefits under SSA title XVIII (Medicare); and (2) eliminate the waiting period for individuals with life-threatening conditions to become eligible for such benefits. Directs the Secretary of Health and Human Services to request the Institute of Medicine of the National Academy of Sciences to study the range of disability conditions that can be delayed or prevented if individuals receive access to health care services and coverage before a condition reaches disability levels.
United States · United States Congress · 24 March 2009
Breast Cancer Patient Protect Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay. Requires such a plan or issuer to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that coverage is provided for secondary consultations. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance issuers offering coverage in the individual market. Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed.
United States · United States Congress · 23 March 2009
Community Choice Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals. Outlines requirements for: (1) an enhanced federal medical assistance percentage (FMAP) for ongoing activities of early coverage states that enhance and promote the use of community-based attendant services and supports; and (2) increased federal financial participation for certain expenditures incurred by the state for the provision of such services and supports. Directs the Secretary of Health and Human Services to: (1) award grants to eligible states which have established a Consumer Task Force to assist the state in its development of real choice systems change initiatives; and (2) conduct a demonstration project for the purpose of evaluating service coordination and cost-sharing approaches with respect to the provision of community-based services and supports to dually eligible individuals.
United States · United States Congress · 23 March 2009
Expresses support for the designation of, and the goals and ideals of, National Nutrition Month. Encourages: (1) local communities to raise awareness surrounding nutritional health; and (2) awareness about diseases and death caused by lack of nutrition. Recognizes health care professionals, such as registered dietitians, who spread the knowledge and importance of nutrition each day.
United States · United States Congress · 19 March 2009
Children's Health Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from imposing any preexisting condition exclusion for individuals who have not attained 25 years of age. Applies such requirement to coverage offered in the individual market.
United States · United States Congress · 19 March 2009
Honor the Written Intent of our Soldier Heroes Act or Honor the WISH Act - Includes, as a person authorized to direct disposition of the remains of a member of the Armed Forces who dies while on active duty, the person identified by the decedent on the record of emergency data maintained by the Secretary of the military department concerned as the Person Authorized to Direct Disposition, regardless of the relationship of the designee to the decedent.
United States · United States Congress · 19 March 2009
Equity and Access for Podiatric Physicians Under Medicaid Act- Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 19 March 2009
Medicare Access to Community Health Centers (MATCH) Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise the definition of "federally qualified health center services" to include ambulatory services furnished by a federally qualified health center (FQHC) for which payment may otherwise be made under Medicare if such services were furnished by a non-FQHC health care provider or health care professional employed by or under contract with an FQHC. Permits payment for hospital-based services. Provides for a Medicare prospective payment system (PPS) for Medicare-covered services provided by FQHCs.
United States · United States Congress · 19 March 2009
Early Treatment for HIV Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to give states the option of providing Medicaid coverage for certain low-income HIV-infected individuals. Provides states taking advantage of this option with an enhanced federal Medicaid match.
United States · United States Congress · 18 March 2009
Expresses support for efforts to: (1) lower the rate of infant mortality in the United States; and (2) correct the racial disparities in prenatal care to lower that rate.
United States · United States Congress · 17 March 2009
Preservation of Antibiotics for Medical Treatment Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms. Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval.
United States · United States Congress · 17 March 2009
Preexisting Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective. Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage. Prohibits preexisting condition exclusions for individual health insurance coverage. Requires the Secretary of Health and Human Services to report to Congress on the impact of this Act on health benefits coverage. Authorizes the Secretary to request claims data, enrollee data, and other appropriate information from group health plans and health insurance issuers. Directs the Comptroller General to report to Congress on the impact of this Act and other relevant federal laws on the reduction in the number of uninsured and underinsured individuals and on the affordability of coverage.
United States · United States Congress · 17 March 2009
Responsible Education About Life Act - Authorizes the Secretary of Health and Human Services to make grants to states for sex education programs, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases. Expresses the sense of Congress that states are encouraged, although not required, to provide matching funds to receive such grants. Requires the Secretary to provide for a national evaluation of a representative sample of such programs for effectiveness in delaying the initiation of sexual intercourse and other high-risk behaviors, preventing pregnancy and sexually transmitted disease, and increasing contraceptive knowledge and behavior. Requires states receiving such grants to provide for an individual evaluation of the state's program by an external, independent entity. Prohibits such programs from discriminating on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity.
United States · United States Congress · 17 March 2009
Stephanie Tubbs Jones Collegiate Housing and Infrastructure Act of 2009 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) which apply such grants to their collegiate housing property.
United States · United States Congress · 17 March 2009
Affirmation of the United States Record on the Armenian Genocide Resolution - Calls upon the President: (1) to ensure that U.S. foreign policy reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the U.S. record relating to the Armenian Genocide and the consequences of the failure to realize a just resolution; and (2) in the President's annual message commemorating the Armenian Genocide, to characterize the systematic and deliberate annihilation of 1.5 million Armenians as genocide and to recall the proud history of U.S. intervention in opposition to the Armenian Genocide.
United States · United States Congress · 16 March 2009
Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A. Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted. Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance.
United States · United States Congress · 16 March 2009
Prescribe A Book Act - Creates a Pediatric Early Literacy program under which the Secretary of Education awards matching grants to nonprofit organizations for the implementation of three-part models through which: (1) health care providers encourage parents to read aloud to their children and offer them recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five-years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers reading to children in health care facility waiting areas show parents the techniques and pleasures of reading aloud to children. Requires that the books provided to children under the program be obtained at a discount.
United States · United States Congress · 12 March 2009
Firefighter Fatality Reduction Act of 2009 - Directs the Secretary of Homeland Security to conduct a survey of, and report to Congress on, the compliance of fire departments in the United States with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. Requires the Secretary to establish a Task Force to Enhance Firefighter Safety to: (1) consult with the Secretary to conduct such survey; and (2) develop a plan to enhance firefighter safety by increasing compliance with such standards, including by reviewing and evaluating the report to determine the extent of and barriers to achieving compliance and by considering ways the federal government, states, and localities can promote, encourage, or require compliance.
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 · 12 March 2009
Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2009 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B and makes the individual responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.
United States · United States Congress · 11 March 2009
Adds Parkinson's disease (manifested to a degree of disability of 10% or more) to the list of diseases presumed to have been incurred in or aggravated by military service in Vietnam (and therefore compensable under veterans' disability compensation), notwithstanding that there is no evidence of the disease during the period of service, provided a veteran served between specified dates and was exposed to a herbicide used in military operations during that period.
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 · 10 March 2009
Medicaid Emergency Psychiatric Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a demonstration project under which a state shall reimburse, under title XIX (Medicaid) of the Social Security Act, a privately owned and operated institution for mental diseases for medical assistance to an eligible individual between ages 21 and 65 who requires it to stabilize an emergency medical condition.
United States · United States Congress · 10 March 2009
Medicare Part D Home and Community Services Copayment Equity Act of 2009 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to eliminate part D cost-sharing for certain non-institutionalized full-benefit dual eligible individuals with income below 135% of the poverty line who: (1) reside in an assisted living facility, a resident care program facility, a board and care facility, or any other appropriate licenced or certified facility, including a community mental health center, a psychiatric health facility, a mental health rehabilitation center, and a mental retardation developmental disability facility; or (2) receive home and community-based services in a home setting under a home and community-based waiver.
United States · United States Congress · 10 March 2009
Amends the Internal Revenue Code to restore, make permanent, and eliminate the dollar limitation for the tax exclusion for amounts received under a qualified group legal services plan.
United States · United States Congress · 10 March 2009
Newborn, Child, and Mother Survival Act of 2009 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to improve the health of newborns, children, and mothers in developing countries. Directs the President to develop a comprehensive U.S. government strategy to reduce mortality and improve the health of newborns, children, and mothers in developing countries. Establishes the Interagency Task Force on Child Survival and Maternal Health in Developing Countries.
United States · United States Congress · 9 March 2009
VET Corps Act of 2009 - Amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to establish the Veterans Engaged for Tomorrow Corps (VET Corps), composed of veterans, retired military personnel, and their family members to: (1) help veterans, retired military personnel, and their family members obtain training, certification, or access to education or employers and otherwise to serve their communities through national and community service programs; (2) support existing outreach efforts to inform veterans about available services and benefits; (3) act as a clearinghouse for persons desiring to serve the veteran population; (4) coordinate with other departments and agencies to identify and address existing and future needs and challenges of veterans; and (5) provide veterans with opportunities to adjust to civilian life. Allows individuals to serve as VET Corps members for up to 24 months. Outlines VET Corps membership requirements and authorized benefits while performing or participating in VET Corps projects. Directs the Corporation to make grants to veteran service organizations, nonprofit organizations, federal agencies, state or local governments, or institutions of higher education for establishing, operating, and supporting VET Corps projects.
United States · United States Congress · 9 March 2009
Makes cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Imposes a civil penalty for each mailing violation. Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter. Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; and (2) obtain damages. Exempts from the prohibition the mailing of tobacco products: (1) for business purposes between businesses engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; (2) for regulatory purposes between any such business and any government agency; or (3) for non-moneymaking purposes between individuals.
United States · United States Congress · 9 March 2009
Catalyst to Better Diabetes Care Act of 2009 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of diabetes screening benefits to identify and address problems with utilization and data collection mechanisms; (2) establish an outreach program to identify existing efforts to increase awareness among seniors and providers of such benefits; and (3) maximize cost-effectiveness in increasing utilization of such benefits. Requires the Secretary to establish an advisory group to examine and recommend best practices of employee wellness and disease management programs. Directs the Secretary to prepare a diabetes report card biennially for the nation and for each state. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote improvements to the collection of diabetes mortality data. Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification.
United States · United States Congress · 9 March 2009
Amends title XVIII (Medicare) of the Social Security Act with respect to the use of average sales price methodology for calculating payments for drugs and biologicals under Medicare part B (Supplementary Medical Insurance). Excludes from the manufacturer's average sales price when calculating such payments any customary prompt pay discounts extended to wholesalers.
United States · United States Congress · 6 March 2009
Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.
United States · United States Congress · 6 March 2009
Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2009 or the Josh Miller HEARTS Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in their schools; and/or (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where an AED is to be used successfully complete training in its use and in cardiopulmonary resuscitation (CPR). Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures; and (2) emergency services personnel are notified of their locations. Gives grant priority to schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; (3) generally have a longer wait for emergency medical services than other public facilities in the community; and (4) have not received funds under the Rural Access to Emergency Devices Act.
United States · United States Congress · 5 March 2009
Informed P2P User Act - Makes it unlawful for any person who is not an owner or authorized user of a protected computer to induce an owner or authorized user of the protected computer to make files from a protected computer available to another computer through a peer-to-peer file sharing program without: (1) immediately before program installation, providing conspicuous notice that the program allows files on the protected computer to be available for searching and copying by another computer and obtaining informed consent to the installation; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files are to be made available to another computer and obtaining informed consent. Makes it unlawful for any person who is not an owner or authorized user of a protected computer to prevent the reasonable efforts of an owner or authorized user from blocking the installation or functioning of such a program or to fail to provide a reasonable and effective means to disable or remove the program or function from the protected computer. Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law. Defines "protected computer" to include a computer which is used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce.
United States · United States Congress · 5 March 2009
Medical Device Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 5 March 2009
Child Nutrition Promotion and School Lunch Protection Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish science-based nutrition standards for foods served in schools other than foods served under the school lunch or breakfast programs. Applies such standards to all food sold outside such programs anywhere on school campuses during the extended school day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary to: (1) consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health when establishing the standards; and (2) review the standards as soon as practicable after the Department of Agriculture and the Department of Health and Human Services publish a new edition of the Dietary Guidelines for Americans.
United States · United States Congress · 5 March 2009
Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan that covers surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a congenital or developmental deformity, disease, or injury of a minor child (defined as child under the age of 22). Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
United States · United States Congress · 5 March 2009
National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease; (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of U.S. cases of MS and Parkinson's disease; (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders; and (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).
United States · United States Congress · 5 March 2009
Supports the goals and ideals of National Women's History Month. Recognizes and honors the women and organizations in the United States that have fought for and continue to promote the teaching of women's history.
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 · 4 March 2009
Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.
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
Shirley Chisholm Congressional Gold Medal Act - Authorizes the posthumous award of a congressional gold medal in commemoration of Shirley Chisholm, in recognition of her activism, independence, and ground-breaking achievements in politics, her election as the first African-American woman in Congress, and her campaign to be the first African-American to gain the nomination of a major political party for President of the United States.
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
Bone Marrow Failure Disease Research and Treatment Act of 2009 - 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 acquired bone marrow failure diseases; (2) establish the National Acquired Bone Marrow Failure Disease Registry; and (3) establish the Advisory Committee on Acquired Bone Marrow Failure Diseases to provide recommendations to the Secretary on the Registry. Allows the Secretary, acting through the Director, to award grants to, and enter to contracts and cooperative agreements with, public or private nonprofit entities for the management of the Registry. Requires the Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, to conduct pilot studies to determine which environmental factors may cause acquired bone marrow failure diseases. Requires the Secretary, acting through the Deputy Assistant Secretary for Minority Health, to: (1) establish outreach and information programs targeted to minority populations affected by such diseases; (2) undertake a coordinated outreach effort to connect Hispanic, Asian American, and Pacific Islander communities with comprehensive services focused on treatment of, and information about, such diseases; and (3) awards grants to, or enter into cooperative agreements with, entities to perform research on such diseases. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to award grants to entities to improve diagnostic practices and quality of care with respect to patients with such diseases.
United States · United States Congress · 26 February 2009
Screening Abdominal Aortic Aneurysms Very Efficiently Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare coverage of ultrasound screening for abdominal aortic aneurysms. Repeals the prerequisite of a referral resulting from an initial preventive physical exam. Replaces such requirement with one requiring that the individual receiving the ultrasound screening be between the ages of 65 and 75.
![Official portrait of Rep. DeGette, Diana [D-CO-1]](https://www.congress.gov/img/member/116_rp_co_1_degette_diana_200.jpg)