United States · United States Congress · 21 May 2009
Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations. Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician. Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits.
United States · United States Congress · 21 May 2009
Directs the Secretary of Veterans Affairs (VA) to pay a $300 plot allowance to a state for spouses and children of certain veterans who are buried in state cemeteries.
United States · United States Congress · 21 May 2009
Tax Equity for Health Plan Beneficiaries Act of 2009 - Amends the Internal Revenue Code to: (1) exclude from an employee's gross income employer-provided accident and health plan benefits extended to a domestic partner or non-dependent, non-spouse beneficiary eligible to receive such benefits under an employer plan (i.e., "eligible beneficiary"); (2) exempt such benefits paid to eligible beneficiaries from applicable employment and unemployment taxes; (3) allow self-employed individuals a tax deduction for the health insurance costs of their eligible beneficiaries; (4) allow tax-exempt volutary employees' beneficiary associations to provide sick and accident benefits to the domestic partners and non-dependent, non-spouse beneficiaries of their members; and (5) allow reimbursement of the medical expenses of an eligible beneficiary from a health savings account (HSA). Directs the Secretary of the Treasury to provide guidance relating to reimbursements from a flexible spending arrangement and a health reimbursement arrangement attributable to an eligible beneficiary as defined by this Act.
United States · United States Congress · 21 May 2009
Supporting Emergency Responders Volunteer Efforts Act of 2009 or the SERVE Act of 2009 - Amends the Internal Revenue Code to allow a $1,000 refundable tax credit for individuals who are bona fide volunteer members of a qualified volunteer emergency response organization who provide firefighting and prevention services, emergency medical services, and ambulance services.
United States · United States Congress · 21 May 2009
Municipal Market Liquidity Enhancement Act of 2009 - Amends the Federal Reserve Act to authorize the Federal Reserve Board, in unusual and exigent circumstances, by an affirmative vote of at least five members, to authorize any federal reserve bank to make advances to a special purpose vehicle or a designated corporate entity on the vehicle's or corporate entity's promissory notes that are secured to the bank's satisfaction by securities specified in this Act or by other forms of security. Restricts the use of such advances solely to financing the purchase by such a special purpose vehicle or designated corporate entity of variable rate demand obligations issued: (1) before enactment of this Act by a municipal securities issuer with the ability to issue a bond treated as a tax-exempt "state or local bond" under the Internal Revenue Code; (2) to refund variable rate demand obligations issued before enactment of this Act; or (3) to refinance auction rate securities. Allows the use of such advances also, in the alternative, to purchase short-term notes used for cash-management and other short-term borrowing needs issued by a municipal securities issuer. Requires any such purchase to be made under an agreement between the special purpose vehicle or designated corporate entity and the obligation or note issuer whereby the vehicle or corporate entity agrees to purchase obligations or notes that are made publicly available for purchase but are not otherwise purchased. Requires such advances also to bear interest at rates fixed from time to time by the federal reserve bank, subject to the review and determination of the Board. Amends the Emergency Economic Stabilization Act of 2008 (EESA) to state that the authority of the Secretary of the Treasury to take any action under such Act includes the authority to provide enhancement in connection with municipal securities whose purchase is financed under any facility designed to enhance the liquidity in the municipal market that is provided by the Board or any federal reserve bank. Amends the Internal Revenue Code to declare that any advances made by a federal reserve bank under this Act shall not be treated as a federal guarantee subject to federal tax (thus making them tax exempt).
United States · United States Congress · 21 May 2009
Municipal Bond Insurance Enhancement Act of 2009 - Establishes in the Department of the Treasury the Office of Public Finance. Requires the Director of such Office to carry out a program to provide reinsurance for insured losses of municipal bond insurers. Directs the Secretary of the Treasury to establish and submit to Congress within five years after the enactment of this Act a plan for the sale of reinsurance assets acquired under this Act. Amends the Internal Revenue Code to provide that reinsurance provided by this Act shall not be treated as a federal guarantee for purposes of disallowing the exemption of interest on municipal bonds.
United States · United States Congress · 21 May 2009
Authorizes the award of a single Congressional Gold Medal to collectively honor the American soldiers who were prisoners of war at Bataan/Corregidor/Luzon during World War II, in recognition of their personal sacrifice and service to their country. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with those who fought in defense of Bataan/Corregidor/Luzon and the prisoners of war.
United States · United States Congress · 21 May 2009
Municipal Bond Fairness Act - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require each registered nationally recognized statistical rating organization (NSRO) (credit rating agency) to establish, maintain, and enforce written policies and procedures reasonably designed to: (1) establish and maintain credit ratings with respect to securities and money market instruments designed to assess the risk that investors in such instruments may not receive payment in accordance with their terms of issuance; and (2) define clearly any rating symbol and apply it consistently. Permits an NSRO to use or consider the following when assessing the risk that an investor in a security or money market instrument will not receive repayment in accordance with the terms of issuance: (1) additional credit factors that it has documented and disclosed; (2) credit factors that are unique to municipal securities that are not backed by the issuer's full faith and credit; or (3) an additional credit rating symbol to distinguish ratings of a certain type of security or money market instrument from ratings of any other types. Prohibits the SEC from imposing any requirement that prevents an NSRO from establishing ratings that are complementary to such mandatory ratings and that are created to measure a discrete aspect of risk. Directs the SEC to establish performance measures to consider when deciding whether to initiate a review concerning whether an NSRO has failed to adhere to its procedures and methodologies for issuing ratings.
United States · United States Congress · 21 May 2009
Municipal Advisers Regulation Act - Amends the Securities Exchange Act of 1934 to make it unlawful for a person not associated with a municipal financial adviser to make use of the mails or means of interstate commerce to act as a municipal financial adviser unless such person is registered with the Securities and Exchange Commission (SEC) as a municipal financial adviser in accordance with this Act. Defines "municipal financial adviser" as a person who, for compensation, engages in the business of: (1) providing advice to a municipal securities issuer with respect to issuance of securities, investment of proceeds from such securities, the hedging of risks associated with such securities, or preparation of disclosure documents; (2) assisting a municipal securities issuer in selecting or negotiating guaranteed investment contracts or other investment products; or (3) assisting a municipal securities issuer in the primary offering of securities not involving a public offering. Provides requirements concerning sanctions (including revocation of registration), fair practices, compliance with standards of operational capability, and the fiduciary duty of such an adviser.
United States · United States Congress · 20 May 2009
Domestic Partnership Benefits and Obligations Act of 2009 - Provides that a federal employee and his or her domestic partner shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married federal employee and his or her spouse. Defines "domestic partner" to mean an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. Defines "benefits" to include federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity. Excludes members of the uniformed services from the definition of "employee." Sets forth requirements for filing: (1) an affidavit of eligibility as such a domestic partner, which shall include a certification that the employee and the domestic partner are each other's sole domestic partners and intend to remain so indefinitely; and (2) a statement upon dissolution of such a domestic partnership.
United States · United States Congress · 19 May 2009
Increasing Homeownership Opportunities Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac). Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size. Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to increase existing mortgage purchase limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes. Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD). Gives the Secretary discretion to increase mortgage insurance limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes.
United States · United States Congress · 19 May 2009
Truth in Fur Labeling Act of 2009 - Amends the Fur Products Labeling Act to: (1) eliminate the exemption to fur labeling requirements for products containing relatively small amounts of fur; and (2) permit states to enforce more restrictive labeling requirements. Directs the the Federal Trade Commission (FTC), in the Fur Products Name Guide, to replace the term "Raccoon, Asiatic" with "Dog, Raccoon."
United States · United States Congress · 13 May 2009
Currency Reform for Fair Trade Act - Amends the Tariff Act of 1930 to require the administering authority to: (1) determine, based on certain requirements, whether the exchange rate of the currency of an exporting country is fundamentally and actionably undervalued or overvalued (misaligned) against the U.S. dollar for an 18-month period; and (2) take certain actions under a countervailing duty or antidumping duty proceeding to offset such misalignment in cases of an affirmative determination. Subjects the misalignment to the U.S. dollar of the currency of nonmarket economy countries also to the countervailing and antidumping duty provisions of the Act.
United States · United States Congress · 12 May 2009
Home Oxygen Patient Protection Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to restore Medicare payment for the rent of oxygen and oxygen equipment. Repeals the limitation of Medicare payment to the supplier for such equipment (including portable oxygen equipment) to 36 months of continuous use.
United States · United States Congress · 12 May 2009
Amends the Fair Credit Reporting Act with respect to the duties of users of consumer reports taking adverse actions on the basis of information contained in such reports. Excludes any health care practice with 20 or fewer employees from the meaning of creditor subject to Red Flag Guidelines regarding identity theft promulgated by the proper federal financial regulatory agency.
United States · United States Congress · 7 May 2009
Family Income to Respond to Significant Transitions Act - Directs the Secretary of Labor to award grants to states to pay for the federal share of the cost of carrying out programs that assist families by providing, through various mechanisms, wage replacement for eligible individuals taking leave to respond to caregiving needs resulting from the birth or adoption of a child, or for other purposes under the Family and Medical Leave Act of 1993 (FMLA) or provided under state or local law.
United States · United States Congress · 7 May 2009
Gun Show Loophole Closing Act of 2009 - Amends the federal criminal code to make it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Attorney General as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show. Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records. Grants the Attorney General authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act. Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements. Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.
United States · United States Congress · 6 May 2009
Internet Gambling Regulation, Consumer Protection, and Enforcement Act - Grants the Secretary of the Treasury regulatory and enforcement jurisdiction over the Internet Gambling Licensing Program established by this Act. Prescribes administrative and licensing requirements for Internet betting. Prohibits any person from operating an Internet gambling facility that knowingly accepts bets or wagers from persons located in the United States without a license issued by the Secretary. Requires the Secretary to assess: (1) fees against licensee institutions to cover the cost of administering this Act; and (2) specified civil money penalties upon licensees or other persons for willful violation of this Act or related regulations. Cites safeguards required of licensees, including: (1) tax collection related to Internet gambling; (2) safeguards against fraud, money laundering, and terrorist finance; and (3) safeguards to combat compulsive Internet gambling. Requires the Secretary and any qualified state or tribal regulatory body to prescribe regulations for: (1) development of a Problem Gambling, Responsible Gambling, and Self-Exclusion Program; (2) a list of persons self-excluded from gambling activities at licensee sites; and (3) a program to alert the public to the existence, consequences, and availability of the self -exclusion list. Prohibits a person who is prohibited from gambling with a licensee from collecting any winnings, or recovering any losses that arise as a result of prohibited gambling activity. Shields a financial transaction provider from liability for engaging in financial activities and transactions on behalf of a licensee, or involving a licensee, if such activities are in compliance with federal and state laws. Permits states and Indian tribal authorities to opt-out of Internet gambling activities within their respective jurisdictions. Prohibits electronic cheating devices. Subjects violators of this Act to civil and criminal penalties.
United States · United States Congress · 6 May 2009
Reasonable Prudence in Regulation Act - Extends from December 1, 2009, to December 1, 2010, the deadline for compliance with specified regulations prohibiting the funding of unlawful Internet gambling (Regulation GG).
United States · United States Congress · 5 May 2009
Agent Orange Equity Act of 2009 - Includes as part of the Republic of Vietnam, for purposes of the presumption of service connection for diseases associated with exposure by veterans to certain herbicide agents while in Vietnam, such Republic's inland waterways, ports, and harbors, waters offshore, and airspace above. Includes as veterans eligible for such presumption those who: (1) served on Johnston Island during the period beginning on April 1, 1972, and ending on September 30, 1977; or (2) received the Vietnam Service Medal or the Vietnam Campaign Medal.
United States · United States Congress · 5 May 2009
Safe Schools Improvement Act of 2009 - Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment; and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment. Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish grievance procedures for students and parents to register complaints regarding such conduct. Includes bullying and harassment within the Act's definition of violence.
United States · United States Congress · 30 April 2009
Iran Refined Petroleum Sanctions Act of 2009 - Expresses the sense of Congress that: (1) diplomatic efforts to address Iran's illicit nuclear efforts, unconventional and ballistic missile development programs, and support for international terrorism are more likely to be effective if the President is empowered with explicit authority to impose additional sanctions on the government of Iran; (2) U.S. concerns regarding Iran are strictly the result of that government’s actions; and (3) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship. States that it should be U.S. policy to: (1) support international diplomatic efforts to end Iran's uranium enrichment program and its nuclear weapons program; (2) encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (3) impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups; and (4) work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups. Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources. (Under current law the sanction thresholds are $40 million, $10 million, and $40 million, respectively.) Directs the President to impose: (1) sanctions established under this Act (in addition to any current sanctions imposed under the Iran Sanctions Act of 1996) if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair; and (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity. Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions. Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest. Requires that the President immediately investigate a person upon receipt of credible information that such person is engaged in prohibited investment or other activity. Defines "credible information" as public or classified information or reporting supported by other substantiating evidence. Includes among the exceptions to the imposition of sanctions a situation in which the President determines in writing that the person to which the sanctions would otherwise be applied is: (1) a citizen or resident of a country that is a participant in the Proliferation Security Initiative; or (2) a foreign person organized under the laws of such country and is a subsidiary of a U.S. person. Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources; (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources. States that the term "petroleum resources" includes petroleum, petroleum by-products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas. (Under current law the definition of the term "petroleum resources" is limited to petroleum and natural gas resources.) Defines "petroleum by-products" as gasoline, kerosene, distillates, propane or butane gas, diesel fuel, residual fuel oil, and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States.
United States · United States Congress · 30 April 2009
21st Century Green High-Performing Public School Facilities Act - Requires the Secretary of Education to make grants to states for the modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date. Allocates grant funds among states on the basis of the relative portion of school improvement funds provided to local educational agencies (LEAs) in each state under the Elementary and Secondary Education Act of 1965. Reserves 1% of the grant funds for assistance to outlying areas and Indian schools. Requires states to reallocate such grant funds to LEAs on the basis of each LEA's share of school improvement funds received by LEAs in the state for the previous fiscal year. Directs the Secretary to make grants to LEAs in Louisiana, Mississippi, and Alabama for the construction, modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date. Allocates grant funds among such LEAs on the basis of each LEA's share of infrastructure damage inflicted on public school facilities in such states by Hurricane Katrina or Hurricane Rita in 2005. Requires the iron and steel used in projects funded under this Act to have been produced in this country, subject to specified exceptions.
United States · United States Congress · 30 April 2009
Restoring the Partnership for County Health Care Costs Act of 2009 - Amends titles XVIII (Medicare), XIX (Medicaid), and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to allow benefits under such titles for persons in custody in a public institution pending disposition of charges. States that, in the case of an otherwise eligible individual (or eligible spouse of such an individual) who is in custody pending disposition of charges, any benefits under SSA title XVI (Supplemental Security Income) (SSI) which are otherwise otherwise payable shall: (1) be withheld until the individual is no longer either in custody pending disposition of charges or an inmate of a public institution; or (2) be paid to the individual's estate, if the individual dies before the pending charges are disposed of or while the individual is an inmate of a public institution.
United States · United States Congress · 29 April 2009
Recognizes the service, sacrifice, honor, and professionalism of the noncommissioned officers of the U.S. Army. Expresses the deepest appreciation to such officers who serve or have served in defense of the United States. Encourages the people of the United States to recognize, commemorate, and honor the role and contribution of noncommissioned officers, past and present, in defense of the United States.
United States · United States Congress · 28 April 2009
Amends the Internal Revenue Code to: (1) allow a waiver of the penalty for failure to disclose reportable transactions (i.e., transactions which have a potential for tax avoidance or evasion) if such failure is due to reasonable cause and not due to willful neglect; (2) revise the amount of the penalty for such failure; and (3) limit the imposition of such penalty to the taxpayer (currently, any person). Reaffirms the authority of the Commissioner of Internal Revenue to rescind all or any portion of the penalty for failure to furnish information regarding reportable transactions.
United States · United States Congress · 27 April 2009
Weapons Acquisition System Reform Through Enhancing Technical Knowledge and Oversight Act of 2009 - Requires, with respect to Department of Defense (DOD) weapon systems acquisition organization: (1) the independent performance of oversight functions by designated officials within the Office of the Secretary of Defense; (2) a designated official to issue policies, procedures, guidance, and cost estimates in connection with DOD acquisition programs and major defense acquisition programs (MDAPs); (3) a designated official to issue policies, procedures, and guidance for DOD use of systems engineering; (4) a designated official to issue policies, procedures, and guidance governing the conduct of performance assessments for DOD acquisition programs; (5) the Director of Defense Research and Engineering to periodically review and assess the technological maturity and integration risk of MDAP critical technologies; and (6) the Joint Requirements Oversight Council to seek and consider input from commanders of combatant commands in identifying joint military requirements. Requires, with respect to DOD weapon systems acquisition policy: (1) the Secretary to ensure that the acquisition strategy for each MDAP includes measures to ensure competition at both the prime contract and subcontract level throughout the MDAP's life cycle; (2) the milestone decision authority for an MDAP waiving certain certification requirements normally necessary before Milestone B or Key Decision Point B approval to annually review that MDAP to determine its satisfaction with certification components; (3) the milestone decision authority, for each MDAP that has not received Milestone C or Key Decision Point C approval, to determine whether or not the program satisfies specified certification components, and provides for an annual review; (4) certain milestone decision authority certifications with respect to MDAPs that have not received Milestone B or Key Decision Point B approval; (5) the Secretary to undertake specified actions in the event of MDAP critical cost growth; (6) the Panel on Contracting Integrity to recommend measures to eliminate or mitigate organizational conflicts of interest in the acquisition of major weapon systems; (7) the Secretary to award DOD military and civilian personnel for performance excellence in the acquisition of DOD products and services; and (8) the Comptroller General to review the DOD use of mechanisms for considering tradeoffs among cost, schedule, and performance in the acquisition of major weapon systems.
United States · United States Congress · 23 April 2009
Star-Spangled Banner Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner . Requires a coin design emblematic of the War of 1812, and in particular of, the Battle for Baltimore that formed the basis for the Star-Spangled Banner. Limits the period for coin issuance to calendar year 2012. Imposes a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins, which shall be distributed to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities, and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812.
United States · United States Congress · 23 April 2009
Protecting America's Workers Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to expand its coverage to federal, state, and local government employees. Authorizes the Secretary of Labor, under specified conditions, to cede OSHA jurisdiction to another federal agency with respect to certain occupational standards or regulations for such agency's employees. Declares OSHA inapplicable to working conditions covered by the Federal Mine Safety and Heath Act of 1977. Sets forth increased protections for whistle blowers under OSHA. Sets forth provisions relating to: (1) the posting of employee rights; (2) a prohibition against the adoption or implementation of policies or practices by employers that discourage the reporting of work-related injuries or illnesses or that discriminate or provide for adverse action against any employee for reporting such injury or illness; (3) a prohibition against the loss of wages or employee benefits as a result of an employee participating in or aiding workplace inspections; (4) investigations of incidents in a place of employment resulting in a death or the hospitalization of two or more employees; (5) a prohibition against designating a citation for an occupational health and safety standard violation as an unclassified citation; (6) the rights of an employee who has sustained a work-related injury or illness that is the subject of an investigation; (7) an employer's right to contest citations and penalties; (8) the Secretary's assertion of an employer's failure to correct a serious hazard during an employer's contest to a citation; and (9) employee objections to modifications of citations. Increases civil and criminal penalties for certain OSHA violators. Requires a state that has an approved plan for the development and enforcement of occupational safety and health standards to amend its plan to conform to the requirements of this Act within 12 months after enactment of this Act.
United States · United States Congress · 22 April 2009
No Child Left Inside Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to require states, as a prerequisite to receiving implementation grants, to develop environmental literacy plans, approved by the Secretary of Education, for pre-kindergarten through grade 12 that include environmental education standards and teacher training. Directs the Secretary to award Environmental Education Professional Development Grants to states and, through them, competitive subgrants to partnerships that include an LEA and, permissibly, institutions of higher education (IHE), other educational entities, or federal, state, regional, or local natural resource or environmental agencies, for activities involving, among other things, teacher training and the development of more rigorous environmental education curricula that advance the teaching of interdisciplinary courses. Authorizes the Secretary to award competitive matching grants to partnerships that include an LEA and, permissibly, IHEs, other educational entities, federal, state, regional, or local natural resource or environmental agencies, or park and recreation departments, for activities to improve and support environmental education that include: (1) advancing content and achievement standards; (2) developing or disseminating innovations or model programs; and (3) research.
United States · United States Congress · 21 April 2009
401(k) Fair Disclosure for Retirement Security Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit an administrator of an individual account plan from contracting for services (including the offering of any investment option) to the plan unless the administrator has received in advance a written statement that: (1) specifies the services to be provided; (2) provides the expected total annual service charges allocated among specified components; and (3) discloses the impact of different mutual fund investment share classes as well as financial relationships with, or free or discounted services provided by, service providers. Limits applicability of such requirements to contracts or arrangements for services with a total cost reasonably expected to equal or exceed $5,000 per plan year. Continues to shield an individual account plan fiduciary from liability (as under current law) for any loss resulting from a plan participant's or beneficiary's exercise of control over the plan's assets, but only if the plan includes at least one investment option which: (1) is an unmanaged or passively managed mutual fund with a portfolio of securities designed to substantially match the performance of the entire U.S. equity market or the entire U.S. bond market, or a combination of them; (2) offers a combination of historical returns, risk, and charges likely to meet retirement income needs at adequate levels of contribution; and (3) is offered without any endorsement of the government or the plan sponsor. Requires the Secretary to notify the applicable regulatory authority about any service provider engaged in a pattern or practice that precludes requirement compliance.
United States · United States Congress · 21 April 2009
Conflicted Investment Advice Prohibition Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow an individual account plan and a participant or beneficiary who controls the investment of such plan's assets to receive investment advice from an independent investment adviser that is registered under the Investment Advisers Act of 1940 and meets certain other qualifying requirements, including that the adviser (and any affiliate) does not provide or manage any investments in which the plan assets of any individual account plan are invested. Prescribes requirements for an investment advice program. Prohibits a fiduciary of an individual account plan that permits a participant or beneficiary to direct the investment of assets in the individual account from appointing or contracting with an investment adviser that is not an independent adviser. Requires an independent adviser, before providing investment advice, to provide a written notification: (1) of the past performance and historic rates of return of investment options available to the plan, together with comparisons to relevant benchmarks; and (2) that such investment adviser is acting as a fiduciary of such plan.
United States · United States Congress · 21 April 2009
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of Congress of a gold medal of appropriate design to Dr. Muhammad Yunus in recognition of his many enduring contributions to the fight against global poverty.
United States · United States Congress · 21 April 2009
Honors the life and accomplishments of Harry Kalas (member of the National Sportscasters and Sportswriters Association Hall of Fame) for his invaluable contributions to baseball, the community, and the nation.
United States · United States Congress · 2 April 2009
America's Red Rock Wilderness Act of 2009 - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin; (2) Zion and Mojave Desert; (3) the Grand Staircase-Escalante; (4) Moab-La Sal Canyons; (5) Henry Mountains; (6) Glen Canyon; (7) San Juan-Anasazi; (8) Canyonlands Basin; (9) San Rafael Swell; and (10) Book Cliffs and Uinta Basin. Sets forth administrative provisions regarding: (1) filing by the Secretary of the Interior of a map and a legal description of each designated wilderness area with appropriate congressional committees; (2) the exchange of state-owned lands within such areas; (3) federal reservation of water rights; (4) measurement of setbacks for roads with wilderness; (5) authorized livestock grazing; and (6) withdrawal of such lands from disposition under certain public land laws.
United States · United States Congress · 2 April 2009
Assuring and Improving Cancer Treatment Education and Cancer Symptom Management Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to provide for Medicare coverage of comprehensive cancer patient treatment education services. Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to: (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects. Requires the NIH Director to make nursing intervention research grants for studying cancer symptom management care and services delivered by registered nurses. Directs the Secretary of Health and Human Services to enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences shall evaluate and report to the Secretary and Congress on the current state of symptom management, patient treatment education, and supportive care given to people with cancer.
United States · United States Congress · 2 April 2009
Medicare Fracture Prevention and Osteoporosis Testing Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to direct the Secretary of Health and Human Services to establish a national minimum payment amount for CPT code 77080 (relating to dual energy x-ray absorptiometry, or DXA, the most widely accepted method of measuring bone mass to predict fracture risk) and CPT code 77082 (relating to vertebral fracture assessment, or VFA), and any successor to such codes as identified by the Secretary (bone mass scans). Directs the Secretary to arrange with the Institute of Medicine of the National Academies to study and report to the Secretary and Congress on: (1) the ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits; and (2) the methods to increase use of bone mass measurement by Medicare beneficiaries.
United States · United States Congress · 2 April 2009
Recognizes the 144-year anniversary of the explosion of the steamboat ship SS Sultana on the Mississippi River on April 27, 1865. Honors the memory of the Union soldiers and other passengers who lost their lives in the disaster. Regrets the lack of military and civilian oversight that led to the explosion and tremendous loss of life. Rededicates the honoring of all of our veterans and military families with the highest level of support in quality resources, equipment, and services.
United States · United States Congress · 1 April 2009
Supports the goals and ideals of the Day of Silence (during which students vow to remain silent to bring attention to the harassment and discrimination faced by lesbian, gay, bisexual, and transgender people in schools). Encourages each state, city, and local education authority to adopt laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students, teachers, and other school staff regardless of their sexual orientation and gender identity or gender expression.
United States · United States Congress · 31 March 2009
Medicare Patient Access to Physical Therapists Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to authorize qualified physical therapists to provide services for Medicare beneficiaries without the requirement of a physician referral. Provides for treatment of outpatient speech-language pathology services separately from outpatient physical therapy services.
United States · United States Congress · 31 March 2009
Fair Elections Now Act - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to: (1) eligibility and qualifying contribution requirements and benefits of fair elections financing of House of Representatives election campaigns; (2) establishment of a Fair Elections Fund; (3) eligibility for Fund allocations; (4) contribution and expenditure requirements; (5) a public debate requirement; (6) certification of whether or not a federal election candidate is a participating candidate; (7) benefits for participating candidates; (8) matching payments for qualified small dollar contributions; (9) political advertising vouchers; (10) establishment of a Fair Elections Oversight Board; (11) civil penalties for violation of contribution and expenditure requirements; (12) prohibition of joint fundraising committees with any political committee other than a candidate's authorized committee; and (13) a specified limitation on coordinated expenditures by political party committees with participating candidates. Amends the Communications Act of 1934 to require the deposit into the Fair Elections Fund of 10% of the proceeds from competitive auctions for recovered analog spectrum. Amends the Internal Revenue Code to allow for designation of a certain amount of income tax liability to the Fair Elections Fund. Amends the Communications Act of 1934 to: (1) prohibit the preemption of the use of a broadcasting station by a legally qualified House candidate who has purchased and paid for such use; (2) revise Federal Communications Commission (FCC) authority to revoke licenses for broadcasting stations who fail to provide access to House candidates; and (3) revise the formula for determining reduced broadcast rates for participating candidates in certain circumstances. Directs the FCC to initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations to record and report the purchase of advertising time by or on behalf of a candidate for nomination for election, or for election, to federal elective office. Amends FECA to: (1) empower the Federal Election Commission (FEC) to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action; (2) require all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC, and in computer-accessible electronic form; and (3) reduce from 48 to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet.
United States · United States Congress · 26 March 2009
American Dream Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence. Authorizes the Secretary of Homeland Security to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of this Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; and (4) at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma. Sets forth the conditions for conditional permanent resident status. Authorizes an alien who has satisfied the appropriate requirements prior to enactment of this Act to petition the Secretary for conditional permanent resident status. Sets forth requirements respecting: (1) exclusive jurisdiction; (2) confidentiality; (3) fee prohibitions; (4) higher education assistance; and (5) a Government Accountability Office (GAO) report respecting the number of aliens adjusted under this Act.
United States · United States Congress · 26 March 2009
Consumer Rental Purchase Agreement Act - Amends the Consumer Credit Protection Act to prescribe consumer protection guidelines for rental-purchase transactions, including: (1) the determination of rental-purchase cost; (2) disclosure requirements; (3) prohibitions against confessions of judgment, wage assignments, and waiver of consumer claims or defenses; (4) furnishing of statements of account; (5) point-of-rental disclosures; and (6) rental-purchase advertising disclosures. Declares that an action for civil liability may be brought against a merchant's assignee only if the violation is apparent on the face of a rental-purchase agreement to which it relates, including, but not limited to, a disclosure that can be determined to be incomplete or inaccurate from the face of the agreement. Authorizes the Board of Governors of the Federal Reserve System to promulgate implementing regulations. Grants enforcement powers to the Federal Trade Commission and to state attorneys general. Subjects to criminal penalties any willful and knowing violation of the information disclosure requirements of this Act.
United States · United States Congress · 25 March 2009
Recognizes the 150th anniversary of the arrival of the Sisters of the Sacred Hearts in Hawai`i. Praises the Sisters of the Sacred Hearts Pacific Province for its good works educating the youth of this country, serving the people of Hawai`i, California, Massachusetts, New Jersey, and New Mexico, and pursuing educational, social, and economic equality.
United States · United States Congress · 24 March 2009
Child Care Facilities Financing Act of 2009 - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible entities to deposit into child care capital funds for technical and financial assistance to eligible child care providers to pay the costs of acquisition, construction, or improvement of child care facilities or equipment, or for technical assistance to such providers to help them undertake facilities improvement and expansion.
United States · United States Congress · 19 March 2009
Equity and Access for Podiatric Physicians Under Medicaid Act- Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 19 March 2009
Early Treatment for HIV Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to give states the option of providing Medicaid coverage for certain low-income HIV-infected individuals. Provides states taking advantage of this option with an enhanced federal Medicaid match.
United States · United States Congress · 19 March 2009
Safe Highways and Infrastructure Preservation Act - Prohibits a state from prescribing or enforcing any regulation that allows a restricted property-carrying unit (any trailer, semitrailer, container, or other property-carrying unit longer than 53 feet, except for a fire-fighting unit) to operate on the National Highway System (NHS) (including the Interstate System), unless the operation of such unit is authorized by the state on June 1, 2008, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before that date. Prohibits a state from allowing the operation of a commercial motor vehicle combination on the NHS (except a vehicle or load that cannot be dismantled or divided easily, and that has been issued a special permit under state law) with more than one property-carrying unit (excluding the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by state law on June 1, 2008; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continual seasonal operation) in such state on or before June 1, 2008. Prohibits a state from allowing the operation of a vehicle or combination (other than a longer combination vehicle) exceeding Interstate weight limits on the Interstate System unless its operation was lawful: (1) on July 1, 1956; (2) in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974; or (3) under a special permit pursuant to state (grandfather) law. Declares that Interstate weight limitations on vehicles and combinations (other than longer combination vehicles) that operate on the Interstate System shall also apply to such vehicles and combinations that operate on non-Interstate segments of the NHS, unless: (1) such segments are subject to lower state weight limits; or (2) a state allows the operation of any vehicle or combination on an existing non-Interstate segment of the NHS that could be so operated lawfully on June 1, 2008.
United States · United States Congress · 18 March 2009
Flexibility in Rebuilding American Fisheries Act of 2009 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require fishery management plans, amendments, or regulations for overfished fisheries to specify a time period for ending overfishing and rebuilding the fishery that is as short as practicable (currently, as short as possible). Modifies the exceptions to the requirement that such period not exceed ten years. Requires consideration, in evaluating progress to end overfishing and rebuild overfished stocks, of factors other than commercial and recreational fishing. Requires, when the Secretary of Commerce extends the period under specified provisions, that the maximum rebuilding time not exceed the sum of the initial ten-year period, the expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions, and the mean generation time of the stock.
United States · United States Congress · 17 March 2009
Preservation of Antibiotics for Medical Treatment Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms. Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval.
![Official portrait of Rep. Andrews, Robert E. [D-NJ-1]](https://www.congress.gov/img/member/a000210_200.jpg)