United States · United States Congress · 3 March 2010
Medicare Prescription Drug Price Negotiation Act of 2010 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to negotiate with pharmaceutical manufacturers the prices that may be charged to Medicare part D prescription drug plan (PDP) sponsors and MedicareAdvantage (MA) organizations for covered part D drugs for part D eligible individuals who are enrolled under a PDP or under an MA-Prescription Drug (MA-PD) plan.
United States · United States Congress · 2 March 2010
Keep Kids Safe Act of 2010 - Amends the federal criminal code to prohibit the possession of a firearm by, or the sale or transfer of a firearm to, any person who has been convicted in any court of a misdemeanor sex offense against a minor.
United States · United States Congress · 25 February 2010
National Manufacturing Strategy Act of 2010 - Expresses the sense of Congress that the U.S. government should promote policies related to the nation's manufacturing sector that, among other things: (1) create sustainable economic growth and increased employment; (2) recruit, improve, and educate the workforce; (3) increase productivity, exports, and global competitiveness; and (4) maintain and improve national and homeland security. Directs the President, every four years, to: (1) conduct a comprehensive analysis of the nation's manufacturing sector; and (2) submit to Congress a National Manufacturing Strategy (Strategy). Requires the President, in developing each Strategy, to convene a Manufacturing Strategy Task Force to make recommendations regarding specified matters for incorporation into the Strategy, including short- and long-term goals for the manufacturing sector. Directs that: (1) each final Strategy be published on a public website; and (2) the first Strategy be issued by February 28, 2011. Directs the Comptroller General, three years after publication of a Strategy, to review its recommendations. Requires the President to convene a President's Manufacturing Strategy Board to provide information and recommendations regarding the needs of, and opportunities for, the nation's manufacturing sector. Directs the National Academy of Sciences to: (1) conduct quadrennial studies concerning U.S. manufacturing; and (2) report each study's results to Congress and the President. Provides for additional required and discretionary studies. Requires the President, in preparing each annual budget, to include information regarding that budget's consistency with the goals and recommendations included in the latest Strategy.
United States · United States Congress · 24 February 2010
Protecting Employees and Retirees in Business Bankruptcies Act of 2010 - Amends federal bankruptcy law governing expenses and claims to increase to $20,000: (1) allowed unsecured claims in the fourth order of priority (wages, salaries, or commissions); and (2) the factor multiplied by the number of employees covered with respect to employee benefit plan contributions in the fifth order of priority. Includes within the scope of a claim in bankruptcy certain equity securities held in a defined contribution plan for the benefit of certain individuals, but only if an employer or plan sponsor who has commenced a case in bankruptcy has committed fraud regarding the plan or has otherwise breached a duty to the participant that has proximately caused the loss of value. Allows as an administrative expense: (1) severance pay owed to certain employees of the debtor for layoff or termination (which pay shall be deemed earned in full); and (2) damages as a result of violation of law by the debtor. Includes among prerequisites for confirmation of a business reorganization bankruptcy plan (Chapter 11) provision for: (1) recovery of damages payable for the rejection of a collective bargaining agreement, or other financial returns as negotiated by the debtor and the authorized representative; (2) continued payment of retiree benefits maintained or established by the debtor before the petition filing date if no modifications are made before confirmation of the plan; and (3) recovery of claims arising from the modification of retiree benefits or for certain financial returns, as negotiated by the debtor and the authorized representative. Revises requirements governing: (1) rejection of collective bargaining agreements; (2) payment of insurance benefits to retired employees, including benefit modifications proposed by the trustee; and (3) a trustee's administrative power to dispose of property. Requires the court, in approving a sale of business assets, to consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. Requires the bankruptcy court to allow certain claims asserted by an active or retired participant, or by a labor organization representing such participant, for any shortfall in pension benefits accrued as a result of the termination of the plan and limitations upon the payment of certain statutory benefits. States that, if employees have not received wages and benefits for services rendered on and after the date of the commencement of the case in bankruptcy, such unpaid obligations shall be deemed necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim and shall be recovered even if the trustee has otherwise waived certain provisions under an agreement with the holder of the allowed secured claim. Allows reduction of a debtor's time frame for filing a Chapter 11 bankruptcy plan in the event of: (1) the filing of a motion seeking rejection of a collective bargaining agreement if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time; or (2) the proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization, if such plan is reasonably likely to be confirmed within a reasonable time. Modifies requirements for confirmation of a Chapter 11 bankruptcy plan to prohibit approval of: (1) payments or other distributions for the benefit of insiders, senior executive officers, and certain highly compensated employees or consultants providing services to the debtor, except as part of those generally applicable to the debtor's employees if the court determines that such payments are not excessive or disproportionate compared to distributions to the debtor's nonmanagement workforce; and (2) insider compensation unless approved by the court as reasonable according to specified criteria. Restricts: (1) certain executive compensation enhancements as part of the allowance of administrative expenses; (2) trustee assumption of certain deferred compensation arrangements for the benefit of insiders, senior executive officers, or certain highly compensated employees of the debtor; and (3) trustee assumption of retiree benefits for insiders, senior executive officers, or certain highly compensated employees of the debtor if the debtor has obtained relief to impose reductions in retiree benefits, or health benefits of active employees of the debtor, or has reduced or eliminated health benefits for active or retired employees within 180 days before the date of the commencement of the case. Requires the court, where a debtor has obtained relief by which it reduces the cost of its obligations under a collective bargaining agreement or a retiree plan, fund, or program of retiree benefits, to determine before granting relief the percentage diminution in the value of the obligations when compared to the debtor's obligations under the collective bargaining agreement, or with respect to retiree benefits. Authorizes the trustee in bankruptcy to avoid a transfer made in anticipation of bankruptcy to or for the benefit of an insider, including certain consultants who were formerly insiders and who are retained to provide services to an entity that becomes a debtor. Grants a labor organization creditor status for purposes of filing a proof of claim. Declares that the filing of a petition for relief does not operate as an automatic stay of the commencement or continuation of a dispute resolution proceeding established by a collective bargaining agreement that was or could have been commenced against the debtor before the filing of a petition, including payment or enforcement of an award or settlement under such proceeding.
United States · United States Congress · 24 February 2010
National September 11 Memorial & Museum Commemorative Medal Act of 2009 - Directs the Secretary of the Treasury to strike and make available for sale not more than 2 million silver national medals, containing one ounce of silver each, in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center. Declares that all sales of medals under this Act shall include a surcharge of $10 per medal, which shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support its operations and maintenance.
United States · United States Congress · 23 February 2010
Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Authorizes the President to: (1) not apply such sanctions in order to permit U.S. compliance with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations and other international agreements; and (2) waive such sanctions if in the U.S. national interest. Terminates sanctions upon presidential certification to Congress that the government of Iran has: (1) released all political prisoners; (2) ceased its practices of violence and abuse of Iranian citizens engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings and abuse of peaceful political activists in Iran and prosecuted those individuals responsible.
United States · United States Congress · 23 February 2010
Designates the facility of the United States Postal Service located at 23 Genesee Street in Hornell, New York, as the "Zachary Smith Post Office Building."
United States · United States Congress · 22 February 2010
Health Insurance Industry Fair Competition Act - Amends the McCarran-Ferguson Act to provide that nothing in that Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. Applies prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit.
United States · United States Congress · 5 February 2010
Haitian Emergency Life Protection Act of 2010 or the H.E.L.P. Act - Amends the Immigration and Nationality Act with respect to V- visa nonimmigrants (spouses and minor children of lawful permanent residents who come to the United States to wait for completion of the immigrant visa process) to include Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010. Authorizes the Department of State to use secondary evidence to verify eligibility for such status or for immediate relative status. Sunsets the provisions of this Act two years after its enactment.
United States · United States Congress · 4 February 2010
Honors Miep Gies for her bravery during the Nazi occupation of the Netherlands and her dedication to preserving the memory of Anne Frank and the Holocaust.
United States · United States Congress · 3 February 2010
Calls upon the President and the Secretary of State to: (1) impress upon the Ugandan government the U.S. belief in the human dignity of all Ugandans regardless of sexual orientation; (2) express U.S. opposition to the "Anti-Homosexuality Bill, 2009" introduced in the Ugandan Parliament; and (3) ensure that resources committed to the global HIV/AIDS response are utilized in a manner that is appropriate to the local epidemiology of the disease, including in Uganda.
United States · United States Congress · 2 February 2010
Emergency Jobs Program and Assistance for Families Extension Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to extend for one year the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs. Directs the Secretary of Health and Human Services (HHS) to make a grant from the Fund for each calendar quarter in FY2010 or FY2011 to each requesting state whose total expenditures for work support services in the quarter, whether under the state program funded under TANF or as qualified state expenditures, exceeds the state's total such expenditures in the corresponding quarter in its emergency fund base year. Requires a grant to equal 80% of such excess.
United States · United States Congress · 2 February 2010
Honors the bravery and dedication of the United States Agency for International Development (USAID) and Office of U.S. Foreign Disaster Assistance supported urban search and rescue teams deployed to Haiti in the aftermath of the January 12, 2010 earthquake. Congratulates the 511 U.S. rescue workers for the lives they helped save. Recognizes the contribution of these teams not only in the lives that they directly saved, but to the international teams that they trained and to the people of Haiti.
United States · United States Congress · 27 January 2010
Elizabeth A. Connelly Act - Amends the Higher Education Act of 1965, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnership Act of 1968, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability.
United States · United States Congress · 27 January 2010
Fair Access to Credit Scores Act of 2010 - Amends the Fair Credit Reporting Act to require consumer reporting agencies to disclose any information in the consumer's file concerning credit scores or other related risk scores or predictors when the consumer requests a free annual disclosure (credit report). Requires all consumer reporting agencies to maintain information in the consumer's file concerning such scores or predictors for at least one year from the date on which such information is placed in the file. Directs the Comptroller General to study and report to Congress on bankruptcy risk scores used by consumer reporting agencies, including an analysis of: (1) the factors used to determine such scores; (2) how bankruptcy risk scores impact the ability of consumers to receive loans; and (3) actions that consumers can take to improve such scores.
United States · United States Congress · 27 January 2010
Student Nondiscrimination Act of 2010 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.
United States · United States Congress · 20 January 2010
Honors the life and sacrifice of Medgar Evers and recognizes the important role he played in securing civil rights for all people in the United States. Congratulates the United States Navy for honoring Medgar Evers by naming the United States Naval Ship Medgar Evers after him.
United States · United States Congress · 19 January 2010
Requests the Senate to adjust its rules to reflect the intent of the framers of the Constitution by amending the Senate's filibuster rule, Rule 22, to facilitate the consideration of bills and amendments.
United States · United States Congress · 13 January 2010
Directs the Secretary of the Interior to conduct a special resource study to evaluate the significance of the Newtown Battlefield in Chemung County, New York (where the Battle of Newtown was fought on August 29, 1779, during the Revolutionary War), as well as the suitability and feasibility of the Battlefield's inclusion in the National Park System.
United States · United States Congress · 13 January 2010
Celebrates the life and work of Dr. Martin Luther King, Jr. during the 30th anniversary of the Stevie Wonder song tribute to Dr. King, "Happy Birthday." Recognizes that the legacy of Dr. Martin Luther King, Jr. continues on with commitments to freedom, equality, and justice. Encourages the people of the United States to commemorate the legacy of Dr. King by renewing pledges to advance those principles and actions that are consistent with Dr. King's belief that all men are created equal.
United States · United States Congress · 12 January 2010
Great Ape Conservation Reauthorization Amendments Act of 2010 - Amends the Great Ape Conservation Act of 2000 to authorize the Secretary of the Interior to award a multiyear grant to an eligible person to implement a great ape conservation project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats. Requires the Secretary to convene a panel of experts to identify the greatest needs and priorities for the conservation of great apes within a year of this Act's enactment and every five years thereafter (current law authorizes the Secretary to convene a panel to consider the greatest conservation needs every two years). Requires the panel to consider relevant great ape conservation plans or strategies, including: (1) applicable strategies or plans developed or initiated by the Secretary; (2) the Global Strategy for the Survival of Great Apes and their Habitat, or subsequent reports, developed by the United Nations Environment Programme Great Apes Survival Partnership; (3) regional or species-specific action plans developed by the International Union for the Conservation of Nature Primate Specialist Group; (4) relevant conservation strategies, plans, or initiatives developed by the Species Survival Network Primate Working Group; and (5) other applicable strategies, plans, or scientific research and findings related to the conservation needs and priorities of great apes. Authorizes the Secretary to pay expenses of convening and facilitating meetings of the panel. Authorizes appropriations for the Great Ape Conservation Fund for FY2011-FY2015.
United States · United States Congress · 12 January 2010
Designates the facility of the United States Postal Service located at 2-116th Street in North Troy, New York, as the "Martin G. 'Marty' Mahar Post Office."
United States · United States Congress · 16 December 2009
Downed Animal and Food Safety Protection Act - States that it is U.S. policy that all nonambulatory cattle in interstate and foreign commerce be immediately and humanely euthanized when such cattle become nonambulatory. Amends the Humane Methods of Slaughter Act of 1958 to direct the Secretary of Agriculture to promulgate regulations providing for the humane treatment, handling, and disposition of nonambulatory cattle by a covered entity, including a requirement that nonambulatory cattle be humanely euthanized. Requires an entity to: (1) humanely euthanize nonambulatory cattle (while not limiting the Secretary's ability to test nonambulatory cattle for disease, such as bovine spongiform encephalopathy); and (2) not move nonambulatory cattle while such cattle is conscious, and ensure that such cattle remains unconscious until death. Prohibits an inspector at an establishment covered by the Federal Meat Inspection Act to pass nonambulatory cattle, carcass, or carcass parts through inspection. Requires an inspector or other employee at such establishment to label such material as "inspected and condemned."
United States · United States Congress · 16 December 2009
Thomas J. Manton Prostate Cancer Early Detection and Treatment Act of 2009 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states to carry out: (1) prostate cancer prevention programs (including screening and referrals for treatment); and (2) demonstration projects to provide preventive health services with respect to prostate cancer (including blood pressure and cholesterol screenings). Amends title XIX (Medicaid) of the Social Security Act to allow states to provide medical assistance to individuals who have been screened for prostate cancer under this Act and who need treatment for prostate cancer. Applies provisions related to breast and cervical cancer programs to programs under this Act.
United States · United States Congress · 16 December 2009
Wireless Microphone Users Interference Protection Act - Directs the Federal Communications Commission (FCC) to authorize owners and operators of wireless microphones operating on a primary basis in the VHF bands and on a secondary basis in the UHF bands to have access to the geolocation database maintained to prohibit the operation of unlicensed TV band devices on protected frequencies. Specifies registration sites (for the purpose of identifying locations to be protected through database registration).
United States · United States Congress · 16 December 2009
Freedom from Discrimination in Credit Act of 2009 - Amends the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit. Defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; (2) "person" as a natural person, corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association; and (3) "sexual orientation" as homosexuality, heterosexuality, or bisexuality.
United States · United States Congress · 16 December 2009
Attorney-Client Privilege Protection Act of 2009 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment ("giving cooperation credit") on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product. Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government. Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request. Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.
United States · United States Congress · 15 December 2009
Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009, the Comprehensive Immigration Reform ASAP Act of 2009, or the CIR ASAP Act of 2009 - Directs the Secretary of Homeland Security (DHS) (Secretary) to: (1) develop and submit to Congress a National Strategy for Border Security; (2) increase the number of Customs and Border Protection officers, agriculture specialists, and border security support personnel, and enhance related equipment, assets, and technology; (3) develop a comprehensive land and maritime border surveillance plan, including aerial and integrated surveillance demonstration programs; (4) issue a rule for electronic device searches and related agent training; (5) improve coordination efforts to combat human smuggling; (6) establish a Border Communities Liaison Office in every Border Patrol sector at the southern and northern borders; (7) carry out a ports of entry technology demonstration program; and (8) establish a Southern Border Security Task Force. Authorizes appropriations for border security improvements at U.S. ports of entry. Authorizes border relief grants for tribal, state, or local law enforcement and related agencies in proximity to the border or in a designated High Intensity Drug Trafficking Area. Provides reimbursement for state and county prosecutors in border states for prosecuting federally initiated and referred drug cases. Suspends the Operation Streamline program pending an evaluation of its viability. Expands resources for Project Gunrunner and for Operation Armas Cruzadas along the U.S.-Mexico border. Establishes the United States-Mexico Border Enforcement Commission. Prohibits the U.S. Armed Forces, including the National Guard, from assisting in non-emergency federal, state, local, and civilian law enforcement of immigration laws. Directs the Secretaries of DHS, Interior, Agriculture, Defense, and Commerce to develop: (1) a land border protection strategy; and (2) a borderlands environmental monitoring plan. Provides for: (1) enhanced border cooperation with Mexico; and (2) expansion of Customs-Trade Partnership Against Terrorism programs. Sets forth detention conditions. Directs the Secretary to appoint an Immigration Detention Commission. Sets forth provisions regarding: (1) immigration enforcement protections; (2) unlawful detentions; (3) protections for vulnerable populations; (4) apprehension procedures for families and family detention; (5) welfare requirements for children separated from detained or removed parents; (6) unaccompanied alien children; and (7) female detainees. Provides a stay of removal and work authorization for detained alien workers who are witnesses or necessary for workplace prosecution claims. Eliminates, with specified exceptions, DHS authority to enter into agreements with state and local law enforcement agencies to perform immigration law enforcement functions. Establishes in DHS an Immigration and Customs Enforcement Ombudsman. Eliminates the one-year asylun filing requirement. Provides for federal court review of DHS orders of removal currently exempt from such review. Establishes an alien employment verification system which requires employers to comply with: (1) document verification requirements; and (2) a phased-in electronic employment verification system. Sets forth backlog reduction provisions respecting family-sponsored and employment-based immigrant levels. Revises the definition of "immediate relative" to: (1) include the spouse and child of a lawful permanent resident; and (2) permit a qualifying widow/widower and the child or parent of a U.S. citizen or lawful permanent resident to maintain such status while filing for permanent resident status. Increases: (1) per-country limits for family-sponsored and employment-based immigrants; and (2) specified family-unity exceptions to unlawful presence-based inadmissibility. Prohibits the removal from the United States of an individual who: (1) fled his or her homeland while under the age of 12 years old; and (2) was later admitted to the United States as a refugee, parolee, or asylee. Exempts the sons and daughters of certain naturalized Filipino World War II veterans from worldwide or numerical immigrant visa limits. Makes a minor child of an alien fiancee/fiance or of an alien spouse of a U.S. citizen eligible for derivative K-visa status under specified circumstances. Redefines "child" to include a stepchild under 21 years old. Amends the Haitian Refugee Immigration Fairness Act of 1998 to: (1) require determinations with respect to children to be made using the age and status of an individual on October 21, 1998; and (2) permit an application based upon child status to be filed by a parent or guardian if the child is present in the United States on such filing date. Permits new status adjustment applications to be filed for a limited time period. Reduces the required support level for immigrant sponsorship. Establishes the Prevent Unauthorized Migration Visa (PUM Visa) program which shall provide for: (1) 100,000 PUM conditional permanent resident visas annually, for three years, to persons from countries (transitional visa admission states) which represent at least 5% of the total unauthorized migration population to the United States for the past five years; and (2) a process to adjust to permanent resident status. Exempts specified categories of U.S.-educated aliens from employment-based immigration limits. Permits a nonimmigrant alien whose employer has petitioned for an employment-based green card for such alien to file an application for adjustment of status regardless of whether an immigrant visa is immediately available. (Requires visa availability before such application may be approved.) Return of Talent Act - Establishes the Return of Talent Program to permit an eligible alien (and certain family members) to return to the alien's country of citizenship for up to two years in order to contribute to such country's postconflict or natural disaster reconstruction activities. (During such absence the alien and family members shall be considered to be continuously present and residing in the United States for naturalization purposes.) Establishes a conditional nonimmigrant status for qualifying aliens and their dependents who are illegally present or out of status in the United States and who register and meet the requirements for such status. Authorizes: (1) adjustment from conditional to permanent resident status at the earlier of six years after enactment of this Act or 30 days after specified immigrant visas become available (with exceptions to such time frame for certain students, military personnel, and employed individuals); and (2) naturalization three years after permanent resident status adjustment. Agricultural Job Opportunities, Benefits, and Security Act of 2009 or the AgJOBS Act of 2009 - Confers "blue card status" upon an alien who: (1) during the 24-month period ending on December 31, 2008, has performed specified lengths of, or earned a specified amount from, agricultural employment in the United States; (2) applied for such status during the 18-month application period; (3) is otherwise admissible to the United States; and (4) has not been convicted of specified felonies or misdemeanors. Limits the number of blue cards that may be issued during the five-year period beginning on the date of the enactment of this Act. Provides for adjustment of blue card status to permanent resident status based upon completed periods of agricultural employment. Revises H-2A visa (agricultural labor or temporary or seasonal services) provisions. Replaces the existing labor certification requirement with a labor attestation requirement containing: (1) a description of the nature and location of the job; (2) the job's expected beginning and ending dates; (3) the number of jobs; and (4) specified labor assurances respecting job opportunities covered by collective bargaining agreements and non-covered job opportunities. Establishes: (1) the Commission on Immigration and Labor Markets; and (2) the Security and Prosperity Account in the Treasury. Requires each State Workforce Agency (SWA) to establish an Internet-based American Worker Recruit and Match program. Requires employers and foreign labor contractors to provide workers recruited abroad with specified employment-related information. Amends H-1B visa (specialty occupation) employer application requirements to: (1) revise wage determination requirements; (2) require Internet posting and description of employment positions; (3) lengthen U.S. worker displacement protection; (4) apply certain requirements to all H-1B employers rather than only to H-1B dependent employers; (5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and (6) limit the number of H-1B and L-1 visa (intracompany transfer) employees that an employer of 50 or more workers in the United States may hire. Authorizes the Department of Labor (DOL) to: (1) investigate applications for fraud; and (2) conduct H-1B compliance audits. Prohibits an employer from hiring an L-1 nonimmigrant for more than one year who will: (1) serve in a capacity involving specialized knowledge; and (2) be stationed primarily at the worksite of another employer. Specifies L-1: (1) employer petition requirements for employment at a new office; (2) wage rates and working conditions; and (3) employer penalties. Authorizes: (1) DOL to enforce federal labor laws with respect to employers of H-2B nonagricultural temporary workers; and (2) a private right of action against such employers. Specifies employer actions to recruit U.S. workers prior to filing for H-2B admissions. Sets forth H-2B and U.S. worker protections. Amends EB-5 visa (alien investor) provisions to: (1) increase EB-5 eligibility; (2) make the regional center program permanent; (3) establish $2,500 regional center designation and premium processing fees; (4) permit concurrent filing for EB-5 petitions and status adjustment applications; (5) establish in the Treasury the Immigrant Entrepreneur Regional Center Account; and (6) increase employment creation-related visas. Revises provisions regarding: (1) immigration service fees; (2) the naturalization age-based English language proficiency exemption; and (3) citizenship application background checks. Establishes the New Americans Initiative grants program to to assist lawful permanent resident aliens to become citizens. Authorizes grants for: (1) public education and community training regarding the provisions of this Act; (2) community-based organizations to assist naturalization applicants (initial entry, adjustment, and citizenship assistance grants); and (3) states to form New American Councils. Provides for the naturalization of certain graduates of U.S. high schools who are under 25 years of age on the date of application for naturalization. Establishes: (1) a tax credit and a deduction for certification expenses for teachers of English language learners; and (2) a tax credit for employer-provided adult English literacy and basic education programs. Makes funds available for oath of allegiance ceremonies.
United States · United States Congress · 15 December 2009
Expresses the sense of the House of Representatives that: (1) the guidelines of the United States Preventive Services Task Force would not prohibit an insurer from providing coverage for mammography services in addition to those recommended by the Task Force and should not be used by insurers to deny coverage for services that are not recommended on a routine basis; and (2) the National Cancer Institute should continue to invest and provide leadership regarding research to develop more effective breast cancer screening tools and strategies.
United States · United States Congress · 14 December 2009
Small Business Job Creation and Access to Capital Act of 2009 - Amends the Small Business Act to increase maximum amounts of loans under the following Small Business Administration (SBA) loan programs: (1) the section 7(a) (general small business loans) guaranteed loan program; (2) the section 504 (state and local development company) program; and (3) the Microloan (small-scale loans to start-up, newly-established, and growing small businesses) program. Amends the American Recovery and Reinvestment Act of 2009 to extend through 2010 SBA authority to reduce or eliminate loan fees on section 7(a) and 504 loans. Amends the Small Business Investment Act of 1958 to apply single-business investment limits to SBA-recognized new markets venture capital companies. Directs the SBA Administrator to establish for prospective borrowers an alternative small business size standard that uses maximum tangible net worth and average net income as an alternative to the use of industry standards. Expresses the sense of Congress that the Administrator should establish a website that: (1) lists SBA lenders and provides loan rate information; and (2) allows prospective borrowers to compare rates on SBA-guaranteed loans. Amends provisions of the Small Business Investment Act of 1958 relating to the local development business loan program to allow a small business borrower under such program to refinance a previous business debt: (1) that was incurred no less than two years before application for the SBA loan; (2) that is a commercial loan; (3) that is not guaranteed by a federal agency; (4) the proceeds of which were used to acquire a fixed asset for the benefit of the small business; (5) that is collateralized by fixed assets; and (6) for which the borrower has been current on all payments for at least one year. Allows the Administrator to provide financing under such program for a borrower that meets certain job creation or retention goals. Provides an alternate job retention goal for which a borrower may qualify.
United States · United States Congress · 11 December 2009
Gun Trafficking Prevention Act of 2009 - Amends the federal criminal code to impose a fine and/or 20-year prison term on any person who: (1) knowingly provides or receives from another person two or more firearms if such person knows or has reasonable cause to believe that such transfer would violate a federal, state, or local law punishable by a prison term of more than one year (i.e., a felony); (2) makes materially false statements to a licensed firearm importer, dealer, or manufacturer relating to the purchase, receipt, or acquisition of two or more firearms; or (3) directs, promotes, or facilitates such illegal activity. Increases penalties on licensed firearms importers, dealers, or manufacturers who knowingly violate firearms restrictions under the federal criminal code, including recordkeeping requirements. Expands the authority of the Attorney General to revoke or suspend the license of a firearms dealer for failure to have secure gun storage or safety devices, for transporting armor piercing ammunition, or for violating other federal prohibitions on gun trafficking. Requires the Attorney General to identify licensed firearms dealers who have a heightened risk of firearms being diverted to criminal use. Requires the Comptroller General to study and report to Congress on firearms that are lost or stolen during commercial shipping. Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional personnel to enable inspections of gun dealers on a three-year cycle and requires the Director to hire additional investigators and special agents to address trafficking in firearms.
United States · United States Congress · 11 December 2009
New Deal for a New Economy Act - Directs the Secretary of the Treasury, from unobligated funds under the Emergency Economic Stabilization Act of 2008 (EESA), to make specified sums available for FY2010-FY2012 to the Secretary of Education, the Attorney General, the Secretary of Homeland Security (DHS), and the Secretaries of Commerce, Labor, the Interior, and Agriculture. Requires: (1) the Secretary of Education to allocate, and each eligible local educational agency in the state to receive, funds in proportion to amounts received under the Elementary and Secondary Education Act of 1965; and (2) a state to make and distribute the amount allocated to it within 90 days of receipt. Authorizes the use of funds to hire new employees, rehire employees laid off during the year prior to enactment, continue to employ employees scheduled to be laid off as a result of reduced budgets, and prevent furloughs scheduled as a result of reduced budgets. Directs: (1) the Attorney General to award grants to state, local, or tribal law enforcement agencies through the Community Oriented Policing Services (COPS) program to hire, rehire, continue to employ, and prevent furloughs of police officers; (2) the Secretary of DHS, through the Administrator of the United States Fire Administration, to award grants through the Staffing for Adequate Fire and Emergency Response (SAFER) grant program to hire, rehire, continue to employ, and prevent furloughs of firefighters; (3) the Secretary of Commerce to award grants to states, cities or other political subdivisions or a consortium of such subdivisions, or Indian tribes, to assist in maintaining basic government services; and (4) the Secretaries of the Interior and Agriculture to fund specific public works projects in national parks and through the National Forest Service, respectively. Establishes in the Department of Labor a New Economy Grant Program, to provide grants for the creation of new jobs on specific public works projects. Limits funding under this Act's Departments of Labor, the Interior, and Agriculture programs to individuals who meet specified criteria. Bars displacement of existing employees. Sets forth requirements regarding the use of funds, the maximum employment period, wages, reporting, and expedited administration.
United States · United States Congress · 11 December 2009
Mechanical Insulation Installation Incentive Act of 2009 - Amends the Internal Revenue Code to allow a tax deduction for a specified percentage of the cost, including labor costs, of installing and maintaining mechanical insulation property. Defines "mechanical insulation property" as insulation materials, facings, and accessory products placed in service in connection with a mechanical system which is utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities.
United States · United States Congress · 11 December 2009
Restoring America's Commitment to Consumers Act of 2009 - Amends the Truth in Lending Act to prohibit the annual percentage rate (APR) applicable to an extension of credit on a credit card account under an open end consumer credit plan from exceeding 16%. Includes in an APR any compensation fee (including a membership fee or an annual fee) for: (1) opening or maintaining the account; (2) granting an extension of credit; or (3) making available a line of credit. Authorizes the Board of Governors of the Federal Reserve System to make adjustments to the maximum APR limitation; but creates the presumption that any increase by the Board to the maximum limitation is not in the public interest unless severe economic conditions justify the increase. Prohibits construction of this Act as an endorsement by Congress of a 16% APR. Declares the intention of Congress that: (1) such maximum APR limitation should merely serve as a ceiling on consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; and (2) consumer credit card issuers should strive to maintain APRs most advantageous to borrowers. Treats as an unfair or deceptive act or practice a credit card account which, as of December 11, 2009, bears an APR that is less than 16%, and subsequently increases it between December 11, 2009, and 60 days after enactment of this Act. Imposes a $15 cap upon certain credit card account fees, including fees (such as late fees, overdraft fees, or over-the-limit transaction fees) for borrower default or breach of any condition upon which credit was extended.
United States · United States Congress · 10 December 2009
Put America to Work Act of 2009 - Directs the Secretary of Labor to make grants to states, local government units, and Indian tribes to create employment opportunities for unemployed and underemployed residents of distressed communities. Specifies grant uses, including funding of fast-track jobs for: (1) painting and repair of schools, community centers, and libraries; (2) restoration of abandoned and vacant properties; (3) expansion of emergency food programs to reduce hunger; (4) augmentation of staffing in Head Start and other early childhood education programs; and (5) renovation and maintenance of parks, playgrounds, and other public spaces. Requires grant recipients to use remaining grant funds to make grants to public entities, nonprofit organizations, public-private partnerships, or small businesses to create employment opportunities in: (1) construction, rehabilitation, and improvements in energy efficiency of residences or public facilities; (2) the provision of human services; (3) remediation and demolition of vacant and abandoned properties; and (4) programs that provide opportunities for employment, education, and training for disadvantaged youth.
United States · United States Congress · 8 December 2009
Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944; and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity. Provides that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action; and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2002.
United States · United States Congress · 2 December 2009
Amends the Homeland Security Act of 2002 to: (1) limit to 35 the number of Urban Area Security Initiative grants awarded; (2) require the Administrator of the Federal Emergency Management Agency (FEMA), when weighing "threat," "vulnerability," and "consequences from acts of terrorism" in allocating funds, to assign to "threat" a value that is not less than 33%; and (3) apply minimum allocation requirements only to state Homeland Security grants. Requires the Administrator, in carrying out the Urban Area Security Initiative grant program, to disregard the tier system used to determine the award of such grants and to not make use of any similar system in making such awards.
United States · United States Congress · 2 December 2009
Helping Unemployed Workers Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through March 31, 2011. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through April 1, 2011: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC. Requires the Secretary of Labor to establish a program under which the Secretary shall make payments to any state unemployment trust fund (including the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands) to be used for the payment of unemployment compensation if the Secretary approves an application to receive 100% reimbursement for up to 26 weeks for a short-time compensation program. Bars payments to a state for benefits paid to an individual who is employed by an employer: (1) whose workforce during the three months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20%; (2) on a seasonal, temporary, or intermittent basis; or (3) engaged in a labor dispute.
United States · United States Congress · 1 December 2009
Recognizes the 21st anniversary of observing World AIDS Day. Expresses support for: (1) the goals and ideals of such Day; (2) continued funding for prevention, care, treatment services, and research programs for persons living with HIV/AIDS in the United States and for the President's Emergency Plan for AIDS Relief and the Global Fund to Fight AIDS, Tuberculosis, and Malaria; (3) the development of a national AIDS strategy to reduce new HIV infections, especially among vulnerable communities; (4) the goals of providing universal access to comprehensive HIV/AIDS prevention, treatment, care, and support programs and protecting human rights for all people, including vulnerable and marginalized populations; and (5) efforts to address the factors that make populations vulnerable to HIV/AIDS by decreasing poverty and hunger, expanding educational opportunities for children, and empowering women.
United States · United States Congress · 19 November 2009
FVPSA Reauthorization Act of 2009 - Revises requirements for and reauthorizes the Family Violence Prevention and Services Act at increased levels for FY2010-FY2014. Directs the Secretary of Health and Human Services (HHS) to establish grant programs for: (1) specialized services for abused parents and their children; (2) domestic violence prevention enhancement and leadership through alliances; and (3) enhancement of culturally competent services for adult and youth victims of domestic violence from racial and ethnic minority groups.
United States · United States Congress · 19 November 2009
Open Access to Courts Act of 2009 - Prohibits a U.S. district court from dismissing a complaint: (1) unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief; or (2) on the basis of a determination by the judge that the factual contents of the complaint do not show the plaintiff's claim to be plausible or are insufficient to warrant a reasonable interference that the defendant is liable for the misconduct alleged.
United States · United States Congress · 19 November 2009
Keep Americans Working Act - Declares that the purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. Requires the Secretary of Labor to: (1) provide guidance to states in enacting short-term compensation programs; and (2) award start-up grants to state agencies in states that have enacted programs and meet certain requirements. Amends the Internal Revenue Code to define "short-time compensation program" as one in which: (1) participation of an employer is voluntary; (2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs; (3) an employee whose workweek that has been reduced by at least 10% is eligible for unemployment compensation; (4) an eligible employee may participate in an employer-sponsored job skills training program; and (5) an employer is required to certify that continuation of employee health and retirement benefits will not be affected by participation in the program. Directs the Secretary to make payments to a state's unemployment compensation trust fund for the payment of unemployment compensation if the Secretary approves a state's application for certification to operate a short-time compensation program that requires the maintenance of health and retirement employee benefits.
United States · United States Congress · 19 November 2009
Justice for Survivors of Sexual Assault Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) require states receiving Edward Byrne Memorial justice assistance grants to certify the implementation of a policy for requiring all rape kits (DNA evidence relating to sexual assault) to be sent to crime laboratories for forensic analysis: (2) adjust the amount of such grants based upon compliance and noncompliance with rape kit backlog reduction requirements under this Act; (3) eliminate rape kit repayment requirements for sexual assault victims; and (4) provide for sexual assault forensic medical personnel examiners to collect and preserve evidence, provide expert testimony, and provide treatment of trauma relating to sexual assault. Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) authorize funding to eliminate rape kit backlogs and ensure that DNA analyses of samples from rape kits are carried out in a timely manner; and (2) require states and local governments to adopt performance measures for reducing rape kit backlogs. Directs the Comptroller General to study and report to Congress on the availability of sexual assault nurse examiners and trained examiners at all Indian Health Service facilities operated under contracts.
United States · United States Congress · 19 November 2009
Conflict Minerals Trade Act - States that it is U.S. policy to promote peace in the eastern Democratic Republic of the Congo by supporting efforts of the government of the Democratic Republic of the Congo, other governments in the Great Lakes Region of Africa, and the international community to: (1) stop commercial activities involving the natural resources of the Democratic Republic of the Congo that contribute to armed groups and human rights violations in the Democratic Republic of the Congo; and (2) develop stronger governance and economic institutions to improve transparency in the cross-border trade of natural resources in order to reduce exploitation by armed groups and promote local and regional development. Directs the Secretary of State to: (1) produce a Congo Conflict Minerals Map of mineral-rich zones and areas under the control of armed groups in the Democratic Republic of the Congo; and (2) submit a related report to the appropriate congressional committees. Directs the Secretary and the Secretary of Commerce to provide guidance to commercial entities seeking to exercise due diligence to ensure that conflict minerals used in their products do not finance armed conflict, result in labor or human rights violations, or damage the environment. Directs the Secretary to: (1) submit a strategy to the appropriate congressional committees addressing linkages between human rights abuses, armed groups, and the mining of conflict minerals; (2) ensure that the annual Country Reports on Human Rights Practices relating to the Democratic Republic of the Congo or countries that share a border with the Democratic Republic of the Congo include a description of instances where the extraction and cross-border trade in conflict minerals has negatively affected human rights conditions; and (3) include in the annual report to the Organization for Economic Co-operation and Development Investment Committee a description of efforts to ensure that enterprises under U.S. jurisdiction are exercising diligence to ensure that their purchases of minerals or metals are not originating from mines and trading routes that are used to finance armed groups in the Democratic Republic of the Congo. Expresses the sense of Congress that the Administrator of the United States Agency for International Development (USAID) should expand programs to assist communities in the eastern Democratic Republic of the Congo whose livelihoods depend on the mineral trade. Directs the Secretary of Commerce to annually publish in the Federal Register a list of articles specified in the Harmonized Tariff Schedule of the United States that should be identified as likely containing conflict minerals. Requires importers of articles specified in the Harmonized Tariff Schedule of the United States that are included on the potential conflict goods list to certify on the importer's Customs declaration that such articles contain conflict minerals or are conflict mineral free. Sets forth: (1) penalties relating to the introduction of goods that contain conflict minerals into the United States; and (2) events that must prior to the expiration of this Act's provisions.
United States · United States Congress · 19 November 2009
Recognizes the International Day for the Abolition of Slavery and the 60th anniversary of the adoption by the U.N. General Assembly of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Encourages member states of the United Nations and international organizations to devote additional resources to prosecute persons engaged in human trafficking and to dismantle related criminal enterprises. Commends the Frederick Douglass Family Foundation for preserving the legacy of Frederick Douglass by continuing his struggle for freedom for all persons and seeking to abolish all forms of modern-day slavery and trafficking in persons. Encourages the people of the United States to observe the International Day for the Abolition of Slavery by participating in activities designed to heighten public awareness of the prevalence of human trafficking and commends the example of children engaged in such projects at the following schools: Brentwood School of Los Angeles, California; Las Vegas Area School of Las Vegas, Nevada; North Lawndale College Preparatory Charter High School of Chicago, Illinois; Booker T. Washington High School of Atlanta, Georgia; Roosevelt Middle School of New Bedford, Massachusetts; New Era Academy of Baltimore, Maryland; Edmund Burke School of Washington, DC; Frederick Douglass Academy IV and the United Nations International School of New York, New York; and Wilson Foundation Academy of Rochester, New York.
United States · United States Congress · 16 November 2009
Recognizes the 70th anniversary of Justice Louis D. Brandeis's retirement from the Supreme Court and the significant contribution he made in Supreme Court jurisprudence.
United States · United States Congress · 16 November 2009
Recognizes the Grand Concourse on its 100th anniversary as the preeminent thoroughfare in the borough of the Bronx and an important nexus of commerce and culture for the city of New York.
![Official portrait of Rep. Nadler, Jerrold [D-NY-12]](https://www.congress.gov/img/member/n000002_200.jpg)