United States · United States Congress · 12 March 2009
Sunshine in Litigation Act of 2009 - Amends the federal judicial code to prohibit a court from entering an order restricting the disclosure of information obtained through discovery, approving a settlement disagreement that would restrict such disclosure, or restricting access to court records in a civil case, unless the court has found that: (1) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (2) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information, and the requested protective order is no broader than necessary to protect the privacy interest. Prohibits any party from requesting, as a condition for the production of discovery, that another party stipulate to an order that would violate this Act. Prohibits a court from: (1) approving or enforcing an order prohibited under this Act, or any provision of an agreement between parties to a civil action, that restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information; or (2) enforcing any provision of a settlement agreement that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing a case or evidence that involves matters related to public health or safety, except where the court finds that the public interest in disclosure of potential health and safety hazards is outweighed by a confidentiality interest. Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of classified information, as defined under the Classified Information Procedures Act.
United States · United States Congress · 12 March 2009
Carmelo Rodriguez Military Medical Accountability Act of 2009 - Amends the Federal Tort Claims Act to allow claims for damages to be brought against the United States for personal injury or death of a member of the Armed Forces arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions that is provided by persons acting within the scope of their office or employment by or at the direction of the government inside the United States. Requires a reduction of claims under this Act by the present value of other benefits attributable to such death or injury received by the member and by that member's estate, survivors, and beneficiaries pursuant to other federal law. Prohibits a claim under this Act from being reduced by the amount of any benefit received under Servicemembers Group Life Insurance. Makes this Act inapplicable to any claim arising out of the combatant activities of the Armed Forces during the time of armed conflict.
United States · United States Congress · 12 March 2009
Fairness in Cocaine Sentencing Act of 2009- Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate: (1) increased and mandatory minimum penalties for drug offenses involving mixtures or substances which contain cocaine base (i.e., crack cocaine); and (2) restrictions on judicial authority to grant probation or suspended sentences for certain cocaine offenses.
United States · United States Congress · 12 March 2009
Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation.
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
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
Justice Integrity Act of 2009 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program. Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group. Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.
United States · United States Congress · 9 March 2009
Fraudulent Tax Relief Act of 2009 - Amends the Internal Revenue Code to allow a refundable tax credit for taxes paid on earnings: (1) from an investment which the taxpayer did not know, and reasonably should not have known, was fraudulent; (2) which were reinvested in such investment; and (3) which remained so reinvested until the fraud was discovered. Makes such tax credit applicable to frauds discovered during 2008.
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
Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons. Expresses the sense of Congress that a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) may divest plan assets from, or avoid investing plan assets in, a person that has investments of more than $20 million in Iran's energy sector without breaching his or her fiduciary duties under ERISA, if such determination is based on credible information and in accordance with federal law.
United States · United States Congress · 5 March 2009
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
Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
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
Colorectal Cancer Screening and Detection Coverage Age of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require a group health plan to provide coverage for colorectal screening for any participant or beneficiary who is 50 years of age or older or at high risk for colorectal cancer under terms and conditions that are no less favorable than those applicable to other screening benefits provided under the plan. Sets forth exceptions, including limiting the amount of coinsurance for such screenings and limiting waiting periods. Prohibits specified actions by group health plans to avoid the requirements of this Act, including denying enrollment, penalizing the provision of required services, or providing incentives for care inconsistent with this Act. Requires such plan to provide certain disclosures to participants and beneficiaries, including regarding covered benefits, cost sharing, and participating providers. Authorizes the Secretary of Health and Human Services to modify coverage requirements under this Act to incorporate new scientific and technological advances, practice pattern changes, or other updated medical practices regarding colorectal screening. Applies such requirements to health insurance coverage offered in the individual market and coverage under the Federal Employees Health Benefits Program.
United States · United States Congress · 5 March 2009
Emergency Retiree Health Benefits Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add a program for emergency retiree health benefit protections. Prohibits group health plans from reducing retiree health benefits after the retirement of a plan beneficiary. Requires such plans to adopt provisions barring post-retirement reductions in retiree health benefits. Requires group health plan sponsors to grant retired plan participants the option of benefit restoration. Authorizes the Secretary of Labor to waive or vary requirements for benefit restoration if compliance with such requirements would: (1) be adverse to the interests of plan participants in the aggregate; (2) not be administratively feasible; and (3) cause substantial business hardship to plan sponsors. Establishes the Emergency Retiree Health Loan Guarantee Program. Authorizes the Program to guarantee loans provided by private financial institutions to assist plan sponsors in meeting benefit restoration obligations under this Act. Terminates loan guarantee authority after 2015. Authorizes the Secretary to assess civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Congratulates the Minority Business Development Agency on its 40th anniversary. Commends the Agency for its achievements in fostering the establishment and growth of minority businesses. Encourages the Agency to continue its efforts to assist such businesses as such businesses continue to strengthen communities, create jobs, and contribute to the health of the U.S. economy.
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
Saudi Arabia Accountability Act of 2009 - Expresses the sense of Congress that the government of Saudi Arabia: (1) cooperate fully with the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, encourage, or in any way aid terrorism anywhere in the world, and end funding for such organizations outside Saudi Arabia; and (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations. Directs the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify to the appropriate congressional committees that the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has closed permanently all Saudi-based terror organizations; (3) has ended funding for any offshore terror organization; and (4) has exercised maximum efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Allows the President to waive such sanctions for national security reasons. Prohibits visa issuance to citizens of Saudi Arabia until the President certifies that Saudi Arabia does not discriminate in visa issuance based upon religion or heritage.
United States · United States Congress · 3 March 2009
Military Readiness Enhancement Act of 2009 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct. Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation.
United States · United States Congress · 3 March 2009
Stop Tax Haven Abuse Act - Amends Internal Revenue Code provisions relating to tax shelter activities to: (1) establish legal presumptions against the validity of transactions involving offshore secrecy jurisdictions (i.e., foreign tax havens identified in this Act and by the Secretary of the Treasury); (2) impose restrictions on foreign jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or that impede U.S. tax enforcement; (3) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations; (4) increase the period for Internal Revenue Service (IRS) review of tax returns involving offshore secrecy jurisdictions; (5) require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts and accounts established in offshore secrecy jurisdictions; (6) disallow tax advisor opinions validating transactions in offshore secrecy jurisdictions; (7) subject dividend equivalents and substitute dividends to the 30% tax on foreign income; and (8) impose reporting requirements for transactions involving a passive foreign investment company. Amends the Securities Exchange Act of 1934 and other federal enactments to impose a penalty for failure to disclose holdings or transactions involving a foreign entity. Requires the Secretary of the Treasury to publish a final rule requiring unregistered investment companies, including hedge funds or private equity funds, to establish anti-money laundering programs, and to submit suspicious activity reports. Modifies requirements for certain third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (John Doe summons). Increases penalties for promoting abusive tax shelters and for aiding and abetting the understatement of tax liability. Prohibits the patenting of tax planning inventions. Prohibits tax advisor contingent fee agreements for obtaining tax savings or benefits. Allows increased disclosure of tax information for enforcement purposes. Directs the Secretary to impose standards for written tax opinions by tax practitioners. Denies tax deductions for certain fines and penalties for violations of law and for interest paid on certain understatements of tax. Sets forth rules for the application of the economic substance doctrine and imposes penalties for underpayments of tax due to transactions lacking economic substance.
United States · United States Congress · 3 March 2009
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 · 2 March 2009
Anthrax Attacks Investigation Act - Establishes the National Commission on the Anthrax Attacks Upon the United States to: (1) conduct an investigation of the anthrax letter attacks of September and October 2001; and (2) submit interim reports to the President and Congress and a final report on its findings with recommendations for corrective measures to prevent and respond to acts of bioterrorism. Directs the Commission to hold public hearings and release its reports to the public.
United States · United States Congress · 26 February 2009
Women Veterans Health Care Improvement Act - Requires the Secretary of Veterans Affairs to: (1) study barriers encountered by women veterans to the provision by the Department of Veterans Affairs (VA) of comprehensive health care; (2) assess all health care services and programs provided by the VA for women veterans; (3) provide graduate education, training and certification for mental health professionals who provide counseling, care, and services to women veterans suffering from sexual trauma and post-traumatic stress disorder (PTSD); and (4) carry out a pilot program of child care for certain women veterans receiving health care from VA facilities. Authorizes the Secretary to furnish hospital care and medical services to a newborn child of a woman veteran receiving VA maternity care for up to 14 days after the birth of the child. Requires: (1) women veterans recently separated from service to be included on the Advisory Committee on Women Veterans; and (2) recently separated minority veterans to be included on the Advisory Committee on Minority Veterans.
United States · United States Congress · 26 February 2009
Immigration Oversight and Fairness Act - Directs the Secretary of Homeland Security to require live training of all Department of Homeland Security (DHS) personnel who come into contact with unaccompanied alien children. Sets forth detention standards for immigration detention facilities. Directs the Secretary to: (1) convene a detention advisory committee; (2) promulgate regulations regarding detainee care and custody; (3) implement secure alternatives to detention programs under which eligible aliens are released under supervision, assistance, and monitoring that ensure their appearance at all immigration interviews, appointments, and hearings; and (4) provide protective detention alternatives for specified categories of vulnerable aliens.
United States · United States Congress · 26 February 2009
Federal Reserve Transparency Act of 2009 - Repeals the authority of the Comptroller General to carry out an onsite examination of an open insured bank or bank holding company only if the appropriate federal regulatory agency has consented in writing. (Retains the authority of the Comptroller General to audit a federal agency.) Directs the Comptroller General to complete, before the end of 2010, an audit of the Board of Governors of the Federal Reserve System and of the federal reserve banks, followed by a detailed report to Congress.
United States · United States Congress · 26 February 2009
Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit educational organization or consortium, with 75% to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.
United States · United States Congress · 26 February 2009
Compassionate Assistance for Rape Emergencies Act of 2009 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman or her family to pay.
United States · United States Congress · 26 February 2009
Supports the goals of International Women's Day. Recognizes and honors the women who have fought and continue to struggle for equality. Reaffirms the commitment of the House of Representatives to ending discrimination and violence against women and girls, to ensuring their safety and welfare, and to pursuing policies that guarantee their basic rights. Encourages the President to: (1) reaffirm his commitment to pursue policies to protect the health and rights of women and girls; and (2) issue a proclamation calling upon the people of the United States to observe International Women's Day.
United States · United States Congress · 25 February 2009
Community Pharmacy Fairness Act of 2009 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.
United States · United States Congress · 25 February 2009
Federal Response to Eliminate Eating Disorders Act of 2009 - Amends the Public Health Service Act (PHSA) to require the Director of the National Institutes of Health (NIH) to take certain actions regarding eating disorder research, including to: (1) implement a scientifically justified budget for research on eating disorders; (2) coordinate and evaluate NIH research activities and programs; (3) expand NIH research on eating disorders; (4) establish a task force on eating disorder research; and (5) provide for centers of excellence for research on eating disorders. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) provide for the collection, analysis, and reporting of epidemiological data on eating disorders; (2) establish a Center of Eating Disorders Epidemiology to collect and analyze information on eating disorders; and (3) establish a CDC clearinghouse for the collection and storage of data generated under this Act. Sets forth provisions providing for education and training on eating disorders, including requirements for: (1) developing and implementing a training program for health professionals on eating disorders; (2) establishing the Task Force on Eating Disorders Prevention in Educational Institutions to develop and provide training on eating disorders identification and prevention for students, faculty, coaches, and staff in schools; and (3) conducting public service announcements. Amends the PHSA, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan that provides medical and surgical benefits to also provide coverage for eating disorders. Applies such requirement to coverage offered in the individual market and coverage offered under the Federal Employees Health Benefit Program.
United States · United States Congress · 25 February 2009
Lyme and Tick-Borne Diseases Prevention, Education, and Research Act of 2009 - Requires the Secretary of Health and Human Services to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding how officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases. Requires the Secretary, acting through the appropriate federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) accurately determining the prevalence of such diseases; (4) evaluating the feasibility of creating a national uniform reporting system; (5) providing and promoting access to a clearinghouse of information on such diseases; (6) increasing public education related to such diseases; (7) creating a physician education program; (8) establishing epidemiological research objectives to determine the long term course of illness for Lyme disease; and (9) determining the effectiveness of different treatment modalities by establishing treatment outcome objectives
United States · United States Congress · 25 February 2009
Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.
United States · United States Congress · 25 February 2009
Expresses support for: (1) the goals and ideals of National Black HIV/AIDS Awareness Day; (2) development of a national AIDS strategy to reduce new HIV infections; (3) the strengthening of stable African-American communities; (4) reducing the impact of incarceration as a driver of new HIV infections within the African-American community; (5) reducing the number of HIV infections in the African-American community resulting from injection drug use; (6) comprehensive HIV prevention education programs to promote the early identification of HIV through voluntary routine testing and to connect those in need to treatment and care as early as possible; and (7) appropriate funding for HIV/AIDS prevention, care, treatment, and housing. Encourages state and local governments to recognize such day and to encourage individuals, especially African-Americans, to get tested for HIV.
United States · United States Congress · 23 February 2009
Helping Families Save Their Homes Act of 2009 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the value of the residence as of the date of the order for relief is less than the applicable maximum amount of noncontingent, liquidated, secured debts; or (2) debts secured or formerly secured by the debtor's principal residence that was either sold in foreclosure or surrendered to the creditor, if the property's value as of the date of the order for relief was also less than the applicable maximum amount of noncontingent, liquidated, secured debts. Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on it. Requires the court to disallow a claim that is subject to any remedy for rescission under the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment. Authorizes reduction of a claim secured by the debtor's principal residence, but only in specified circumstances, particularly if the debtor sells the residence. Permits a Chapter 13 bankruptcy plan to: (1) modify the rights of claim holders with respect to a claim for a loan originated before the effective date of this Act and secured by a security interest in the debtor's principal residence that is the subject of a foreclosure notice; and (2) deny debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of the claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith and the court does not find that the debtor has been convicted of obtaining by actual fraud the extension, renewal, or refinancing of credit that gives rise to a modified claim. Excludes from the final discharge of a debtor from all debts any unpaid portion of such a claim as reduced. Amends the federal judicial code to prescribe standing trustee fees regarding certain payments received under a Chapter 13 bankruptcy plan. Expands federal procedures governing default on veterans' housing loans. Authorizes the Secretary of Veterans Affairs, in the event of a modification in bankruptcy, to pay the holder of the obligation the unpaid balance due as of the date of the filing of the bankruptcy petition, plus accrued interest, but only upon assignment, transfer, and delivery of all rights, interest, claims, evidence, and records regarding the loan. Amends the National Housing Act to authorize the Secretary of Housing and Urban Development (HUD) to: (1) pay Federal Housing Administration (FHA) mortgage insurance benefits for a mortgage modified under federal bankruptcy law; and (2) implement a program solely to encourage loan modifications for eligible delinquent mortgages through the payment of insurance benefits and assignment of the mortgage to the Secretary and the subsequent modification of the terms of the mortgage according to a loan modification approved by the mortgagee. Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to pay: (1) the guaranteed portion of any losses incurred by the holder of a note or the loan servicer resulting from a modification in a bankruptcy proceeding; and (2) for losses incurred by holders or servicers in the event of a modification pursuant to a bankruptcy proceeding. Declares unenforceable as contrary to public policy certain investment contracts between servicers and securitization vehicles or investors that require excess bankruptcy losses that exceed a certain dollar amount on residential mortgages. Shields servicers from liability for implementing mortgage loan modifications or loss mitigation plans if they are in compliance with fiduciary duties mandated by the Truth in Lending Act. Amends the National Housing Act to modify the HOPE for Homeowners Program (HOPE) to: (1) require mortgagor certification to HUD that the mortgagor has neither intentionally defaulted on an existing mortgage, nor provided false information; (2) ban from HOPE those mortgagors whose net worth exceeds $1 million; (3) authorize HUD to establish a payment to the loan servicer of the existing senior mortgage for every loan insured under HOPE that does not exceed $1,000; (4) direct HUD to establish, if feasible, an auction to refinance eligible mortgages on a wholesale or bulk basis; and (5) reduce Troubled Asset Relief Program (TARP) funds to offset costs of program changes. Sets limitations upon participation in origination and mortgagee approval. Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act (FCUA) to: (1) increase deposit insurance coverage permanently to $250,000; and (2) increase the borrowing authority of the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA). Amends the FDIA to: (1) extend to eight years the time period applicable to a Deposit Insurance Fund (DIF) restoration plan; and (2) revise requirements for special assessments to recover the loss to the DIF arising from actions taken to contain systemic risk with respect to certain insured depository institutions. Amends the FCUA to direct the NCUA Board to establish a National Credit Union Share Insurance Fund Restoration Plan whenever the Board projects that the equity ratio of the National Credit Union Share Insurance Fund will fall below a minimum designated equity ratio.
United States · United States Congress · 23 February 2009
COPS Improvements Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT grant program). Authorizes grants to: (1) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; (3) establish criminal gang enforcement task forces; and (4) meet emerging law enforcement needs, as warranted. Authorizes the use of COPS ON THE BEAT grants to hire honorably discharged members of the Armed Forces to serve as career law enforcement officers. Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training. Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under COPS ON THE BEAT grant program. Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application. Increases and extends the authorization of appropriations for the COPS ON THE BEAT grant program for FY2009-FY2014. Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on the COPS ON THE BEAT grant program.
United States · United States Congress · 23 February 2009
Artist-Museum Partnership Act of 2009 - Amends the Internal Revenue Code to allow taxpayers who create literary, musical, artistic, or scholarly compositions or similar property a fair market value (determined at the time of contribution) tax deduction for contributions of such properties, the copyrights thereon, or both, to certain tax-exempt organizations, if such properties are properly appraised and are donated no sooner than 18 months after their creation. Limits the amount of such deduction based upon the donor's artistic adjusted gross income, as defined by this Act.
United States · United States Congress · 23 February 2009
Amends the Internal Revenue Code to: (1) increase the allowable amount of the railroad track maintenance tax credit; (2) revise the types of expenditures eligible for such credit; and (3) extend such credit through 2012.
United States · United States Congress · 13 February 2009
Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a PROMISE Advisory Panel to assist the Office of Juvenile Justice and Delinquency Prevention in: (1) assessing and developing standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity; and (2) collecting data in designated geographic areas to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to local governments and Indian tribes to: (1) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth; and (2) implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with current research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention and intervention. Directs the Administrator to award grants to: (1) allow institutions of higher education to serve as regional research partners with PCCs; and (2) hire and train law enforcement officers as youth-oriented police to work with PCCs, other community-based organizations, and high-risk youth. Establishes a Center for Youth-Oriented Policing. Mynisha's Law - Authorizes any local government or Indian Tribe with a PCC to submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention for designation as a Comprehensive Gang Prevention and Relief Area. Authorizes the Attorney General to award grants to partnerships comprising state mental health authorities and local or private entities to prevent or alleviate the effects of youth violence in urban communities with a high or increasing incidence of such violence. Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 or the PRECAUTION Act - Establishes the National Commission on Public Safety Through Crime and Delinquency Prevention to: (1) carry out a comprehensive study of the effectiveness of certain crime and delinquency prevention and intervention strategies: and (2) make initial and final reports on such strategies to specified federal and state officials. Authorizes the Director of the National Institute of Justice to make three-year grants to public and private entities for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants for the creation and expansion of state, local, and tribal juvenile witness and victim protection grants.
United States · United States Congress · 13 February 2009
Student Privacy Protection Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise provisions for military recruiter access to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to consent to a release of the student's name, address, and telephone listing to military recruiters, and to give the parent the opportunity to provide such consent in writing. Requires such LEAs to provide military recruiters, upon their request, with access to such information on a student only if the student's parent has given such written consent.
United States · United States Congress · 13 February 2009
Harriet Tubman National Historical Park and Harriet Tubman Underground Railroad National Historical Park Act - Establishes in the City of Auburn, New York, the Harriet Tubman National Historical Park as a unit of the National Park System. Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System. Authorizes the Secretary of the Interior to provide grant funding and enter into cooperative agreements with certain entities for the historic preservation, rehabilitation, interpretation, and maintenance of such historical parks. Requires the Secretary to complete a general management plan for them.
United States · United States Congress · 13 February 2009
No Discrimination in Health Insurance Act of 2009 - Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit a group health plan from imposing any preexisting conditions exclusion. Requires each health insurance issuer that offers health insurance coverage in the group market in a state to: (1) accept every employer in the state that applies for such coverage; (2) accept enrollment for every eligible individual who applies during the enrollment period; (3) charge the same premium price for the same coverage; and (4) openly disclose such premium price. Eliminates provisions allowing nonfederal governmental plans to opt out of certain group health plan requirements. Prohibits health insurance issuers that offer coverage in the individual market to individuals residing in an area from: (1) declining to offer such coverage to, or denying enrollment of, eligible individuals in the area who desire to enroll; or (2) imposing any preexisting conditions exclusion. Defines "eligible individual" to mean: (1) a U.S. citizen or national; (2) an alien lawfully admitted to the United States for permanent residence; or (3) an alien who is otherwise lawfully residing in the United States. Requires such issuers to: (1) charge the same premium price for the same coverage, including coverage offered in the group market; and (2) openly disclose such premium price. Authorizes the Secretary of Health and Human Services to establish rules to deter individuals from: (1) enrolling in individual health insurance coverage only after they develop an illness or injury; or (2) disenrolling for periods in which they are unlikely to require such coverage.
United States · United States Congress · 12 February 2009
Uniting American Families Act of 2009 - Amends the Immigration and Nationality Act to include a "permanent partner" within the scope of such Act. Defines a "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, any other individual other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines a "permanent partnership" as the relationship existing between two permanent partners.
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