United States · United States Congress · 17 March 2009
Affirmation of the United States Record on the Armenian Genocide Resolution - Calls upon the President: (1) to ensure that U.S. foreign policy reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the U.S. record relating to the Armenian Genocide and the consequences of the failure to realize a just resolution; and (2) in the President's annual message commemorating the Armenian Genocide, to characterize the systematic and deliberate annihilation of 1.5 million Armenians as genocide and to recall the proud history of U.S. intervention in opposition to the Armenian Genocide.
United States · United States Congress · 12 March 2009
Firefighter Fatality Reduction Act of 2009 - Directs the Secretary of Homeland Security to conduct a survey of, and report to Congress on, the compliance of fire departments in the United States with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. Requires the Secretary to establish a Task Force to Enhance Firefighter Safety to: (1) consult with the Secretary to conduct such survey; and (2) develop a plan to enhance firefighter safety by increasing compliance with such standards, including by reviewing and evaluating the report to determine the extent of and barriers to achieving compliance and by considering ways the federal government, states, and localities can promote, encourage, or require compliance.
United States · United States Congress · 12 March 2009
Teaching and Research Assistant Collective Bargaining Rights Act - Amends the National Labor Relations Act to provide collective bargaining rights for students enrolled at a private institution of higher education who perform work for remuneration at the institution's direction, regardless of whether the work relates to their courses of study (teaching and research assistants).
United States · United States Congress · 12 March 2009
Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2009 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B and makes the individual responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.
United States · United States Congress · 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
Southern New Jersey Veterans Comprehensive Health Care Act - Directs the Secretary of Veterans Affairs to determine, and notify Congress, whether the needs of veterans in southern New Jersey (the counties of Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape May) for full-service medical care shall be met through a project for: (1) inpatient and outpatient services and long-term care to veterans at an existing facility in southern New Jersey; or (2) construction of a new full-service, Department of Veterans Affairs (VA) medical center to provide inpatient and outpatient services and long-term care to veterans in southern New Jersey. Directs the Secretary: (1) if the existing facility option is chosen, to enter into an appropriate agreement for the provision of such care and services; or (2) if the new construction option is chosen, to carry out an appropriate major medical facility construction project for such purpose.
United States · United States Congress · 9 March 2009
Generations Invigorating Volunteerism and Education Act or the GIVE Act - Amends the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA) to revise the programs under such Acts and reauthorize appropriations for such programs through FY2014. Revises under NCSA: (1) the School-Based and Community-Based Service-Learning programs and Higher Education Innovative Programs for Community Service (Learn and Serve programs); (2) National Service Trust programs (AmeriCorps); (3) the National Civilian Community Corps (NCCC); and (4) the Investment for Quality and Innovation program. Eliminates the current Community-Based Learn and Serve programs. Establishes two new Learn and Serve programs: (1) Campuses of Service, which provides funds to institutions of higher education to develop or disseminate exemplary service-learning programs that assist their students' pursuit of public service careers; and (2) Innovative Service-Learning Programs and Research, which funds community service-learning opportunities for elementary and secondary, college, and graduate students as well as research into service-learning. Includes among eligible AmeriCorps programs: (1) an Education Corps to address unmet educational needs; (2) a Healthy Futures Corps to address unmet health needs; (3) a Clean Energy Corps to address unmet environmental needs; and (4) a Veterans Corps to address the unmet needs of veterans and their families. Creates AmeriCorps Opportunity Corps programs that include certain existing programs and new programs to: (1) increase community access to technology; (2) engage citizens in public safety, health, and emergency preparedness services; (3) mentor youth; (4) reduce recidivism by re-engaging court-involved youth; and (5) support the needs of veterans or active duty service members and their families. Establishes an Education Awards Only program authorizing the Corporation for National and Community Service (Corporation) to provide fixed-amount grants to programs that have approved national service positions, but no AmeriCorps funding. Sets the National Service educational awards for full-time AmeriCorps, NCCC, and Volunteers in Service to America (VISTA) participants at a level equal to the maximum available Pell Grant available to students under the Higher Education Act of 1965. Includes among needs to be met under the NCCC program, disaster relief, infrastructure improvement, environmental and energy conservation, and urban and rural development. Requires states to develop comprehensive plans for volunteer and paid service by Baby Boomers and older adults. Directs the Corporation to plan pilot programs to: (1) better target and serve displaced workers; and (2) establish a centralized electronic citizenship verification system which would allow the Corporation to share employment eligibility information with the Department of Education. Authorizes the Corporation to treat September 11th annually as a National Day of Service and Remembrance. Establishes within the Investment for Quality and Innovation program: (1) a ServeAmerica Fellowships program providing fellowships to individuals chosen by states to participate in service projects addressing certain areas of national need; (2) a Silver Scholarship Grant Program providing scholarships to individuals age 55 or older who complete at least 500 hours of service in a year in an area of national need; and (3) an Encore Fellowships program providing one-year fellowships to individuals age 55 or older who serve in areas of national need and receive training to transition to public service employment. Makes ServeAmerica fellows eligible for national service educational awards. Authorizes the Corporation to provide grants to innovative and model service programs, including those for disadvantaged youth, youth under age 17, and potential recidivists. Eliminates federal funding for the Points of Light Foundation. Revises under DVSA: (1) the VISTA program; and (2) the Senior Corps, including the Retired and Senior Volunteer program (RSVP), the Foster Grandparent program, and the Senior Companion program. Gives priority in VISTA participant selection to disadvantaged youth and retired adults of any profession. Authorizes new VISTA grant programs of national significance that provide poor and rural communities with: (1) services reintegrating formerly incarcerated individuals into society; (2) financial literacy and planning; (3) before-school and after-school services; (4) community economic development initiatives; (5) assistance to veterans and their families; and (6) health and wellness services. Eliminates the VISTA Literacy Corps, University Year for VISTA, and Literacy Challenge Grant programs. Raises the minimum and maximum stipend provided to VISTA participants. Prioritizes RSVP projects in specified areas. Makes anyone 55 years of age or older eligible as Senior Corps volunteers. Provides, under the Senior Corps demonstration program, incentive matching grants to Senior Corps programs that exceed specified performance measures, enroll most of their volunteers in outcome-based service programs, and increase their enrollment of Baby Boomer volunteers. Expresses the sense of the Congress that the number of AmeriCorps, VISTA, and NCCC participants should reach 250,000 by 2014. Congressional Commission on Civic Service Act - Establishes a Congressional Commission on Civic Service to provide recommendations to Congress on improving opportunities for individuals to volunteer or perform national service.
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 · 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
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
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
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide that the value of certain funeral and burial arrangements involving an irrevocable trust whose named beneficiary is the funeral provider are not to be considered, under the SSI program, as resources available to the individual.
United States · United States Congress · 4 March 2009
Clean Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define "fill material" to mean any pollutant that replaces portions of waters of the United States with dry land or that changes the bottom elevation of a water body for any purpose and to exclude any pollutant discharged into the water primarily to dispose of waste.
United States · United States Congress · 3 March 2009
Military Readiness Enhancement Act of 2009 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct. Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation.
United States · United States Congress · 3 March 2009
Stop Tax Haven Abuse Act - Amends Internal Revenue Code provisions relating to tax shelter activities to: (1) establish legal presumptions against the validity of transactions involving offshore secrecy jurisdictions (i.e., foreign tax havens identified in this Act and by the Secretary of the Treasury); (2) impose restrictions on foreign jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or that impede U.S. tax enforcement; (3) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations; (4) increase the period for Internal Revenue Service (IRS) review of tax returns involving offshore secrecy jurisdictions; (5) require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts and accounts established in offshore secrecy jurisdictions; (6) disallow tax advisor opinions validating transactions in offshore secrecy jurisdictions; (7) subject dividend equivalents and substitute dividends to the 30% tax on foreign income; and (8) impose reporting requirements for transactions involving a passive foreign investment company. Amends the Securities Exchange Act of 1934 and other federal enactments to impose a penalty for failure to disclose holdings or transactions involving a foreign entity. Requires the Secretary of the Treasury to publish a final rule requiring unregistered investment companies, including hedge funds or private equity funds, to establish anti-money laundering programs, and to submit suspicious activity reports. Modifies requirements for certain third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (John Doe summons). Increases penalties for promoting abusive tax shelters and for aiding and abetting the understatement of tax liability. Prohibits the patenting of tax planning inventions. Prohibits tax advisor contingent fee agreements for obtaining tax savings or benefits. Allows increased disclosure of tax information for enforcement purposes. Directs the Secretary to impose standards for written tax opinions by tax practitioners. Denies tax deductions for certain fines and penalties for violations of law and for interest paid on certain understatements of tax. Sets forth rules for the application of the economic substance doctrine and imposes penalties for underpayments of tax due to transactions lacking economic substance.
United States · United States Congress · 3 March 2009
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA), including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Directs the Secretary to establish the Center for Tobacco Products to implement this Act. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Authorizes the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if appropriate for the protection of the public health. Sets forth limits on such regulations, including prohibiting establishment of a minimum age greater than 18 for product purchases. Prohibits: (1) cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee; or (2) a tobacco product manufacturer from using tobacco that contains a greater level of pesticide chemical residue than is specified by any tolerance applicable to domestically grown tobacco. Requires the Secretary to establish tobacco product standards to protect the public health. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all other cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of the nicotine yields of a tobacco product to zero. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Revises tobacco product warning labels and advertising requirements. Thrift Savings Plan Enhancement Act of 2009 - Amends provisions related to the Thrift Savings Plan (TSP), including to provide for: (1) automatic enrollment of new employees; and (2) a Roth contribution program.
United States · United States Congress · 2 March 2009
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Arnold Palmer (golf professional) in recognition of his service to the nation in promoting excellence and good sportsmanship.
United States · United States Congress · 26 February 2009
Achieving a Better Life Experience Act of 2009 or the ABLE Act of 2009 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts for individuals with a disability to pay certain expenses of such individuals, including expenses for education, housing, transportation, employment support, medical care, and certain life necessities. Defines "individual with a disability" as an individual who is eligible to receive certain supplemental security income benefits under the Social Security Act. Allows individual taxpayers a tax deduction, up to $2,000 per year, for contributions to an ABLE account. Requires the Secretary of the Treasury to study and report to Congress on the use of ABLE accounts and the effect of the tax deduction for contributions to such accounts. Requires ABLE accounts to be disregarded in determining eligibility for Medicaid benefits and for purposes of determining eligibility for other means-tested federal programs.
United States · United States Congress · 26 February 2009
Medal of Honor Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the design selected by the Secretary, after consultation with the Boards of the Congressional Medal of Honor Society and the Congressional Medal of Honor Foundation, in honor of the distinguished service of the American military men and women who have been Medal of Honor recipients. Limits the period for coin issuance to calendar year 2011. Imposes a surcharge of $35 per coin for the $5 coin and $10 per coin for the $1 coin, to be distributed to the Congressional Medal of Honor Foundation to help finance educational, scholarship, and outreach programs of the Foundation.
United States · United States Congress · 26 February 2009
Expresses the deepest appreciation to the families of members of the Armed Forces who serve or have served in defense of the United States. Recognizes the contributions that military families make, and encourages the people of the United States to share in appreciation for the sacrifices of military families. Urges the President to designate a "Year of the Military Family" and encourage the people of the United States and the Department of Defense (DOD) to observe it.
United States · United States Congress · 25 February 2009
Fire Sprinkler Incentive Act of 2009 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. Makes this Act applicable to property placed in service after April 11, 2003.
United States · United States Congress · 25 February 2009
Federal and Military Retiree Health Care Equity Act - Amends the Internal Revenue Code to permit: (1) federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 25 February 2009
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 · 24 February 2009
Veterans Reassignment Protection Act - Prohibits a preference eligible federal employee (including a preference eligible serving in or under the U.S. Postal Service) from being involuntarily separated for failing to accept a directed reassignment to a position outside his or her commuting area or to accompany a position outside of such area pursuant to a transfer of function unless such preference eligible: (1) receives written notice of the reassignment at least 30 days before the effective date of the reassignment; and (2) is allowed to elect to have the selection of employees for release conducted in the same manner as would be required in the case of a reduction in force. Entitles a preference eligible involuntarily separated in the circumstances described above to appeal to the Merit Systems Protection Board any failure to comply with the requirements of this Act.
United States · United States Congress · 24 February 2009
Amends the Internal Revenue Code to: (1) allow an enhanced tax deduction for losses sustained from a fraudulent Ponzi-type scheme; (2) extend the carryback period for net operating losses attributable to such schemes; (3) waive certain limitations on the charitable tax deduction for contributions to charities with losses from fraudulent Ponzi-type schemes; and (4) restore the gift tax unified credit for gifts of an interest in a fraudulent Ponzi-type scheme. Defines "fraudulent Ponzi-type scheme" as any fraudulent investment operation that provides investors with returns that are derived substantially from investments made by other investors rather than from profits.
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
Commercial Advertisement Loudness Mitigation Act - Directs the Federal Communications Commission (FCC) to prescribe a regulation prohibiting advertisements accompanying video programming from: (1) being excessively noisy or strident; (2) having modulation levels substantially higher than the accompanying program; and (3) having an average maximum loudness substantially higher than that of the accompanying program.
United States · United States Congress · 12 February 2009
Uniting American Families Act of 2009 - Amends the Immigration and Nationality Act to include a "permanent partner" within the scope of such Act. Defines a "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, any other individual other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines a "permanent partnership" as the relationship existing between two permanent partners.
United States · United States Congress · 12 February 2009
Declares that Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.
United States · United States Congress · 11 February 2009
Derivatives Markets Transparency and Accountability Act of 2009 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from permitting a foreign board of trade to provide its U.S-located members with access to the CFTC electronic trading system and order matching system with respect to an agreement, contract, or transaction that settles against any price (including the daily or final settlement price) of one or more contracts listed for trading on a registered entity, unless such board meets requirements similar to those imposed upon U.S. exchanges. Directs the CFTC to: (1) define and classify index traders and swap dealers for purposes of data reporting requirements; and (2) set routine detailed reporting requirements for any positions of such entities in contracts traded on designated contract markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts. Requires the CFTC, to the extent information is available, to disaggregate and make public monthly: (1) the number of positions and total notional value of index funds and other passive, long-only and short-only positions in all markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets. Subjects persons involved in derivative and swap transactions, as well as large traders in over-the-counter contracts, to reporting and recordkeeping requirements. Directs the CFTC to set position limits for any one person with respect to: (1) contracts of sale for future delivery; or (2) options on such contracts or commodities traded on or subject to the rules of a contract market or derivatives transaction execution facility or on an electronic trading facility as a significant price discovery contract. Directs the CFTC to: (1) appoint a sufficient number of new full-time employees; (2) review prior actions to ensure compliance with this Act; and (3) review over-the-counter markets. Directs the Government Accountability Office (GAO) to study and report to specified congressional committees on the international regime for regulating the trading of energy commodity futures and derivatives. Directs the CFTC to assess whether certain derivative, swap, and similar agreements, contracts, or transactions that are fungible with agreements, contracts, or transactions traded on or subject to the rules of any board of trade or electronic trading facility with respect to a significant price discovery contract have the potential to: (1) disrupt the liquidity or price discovery function on a registered entity; (2) cause a severe market disturbance in the underlying cash or futures market; or (3) prevent or otherwise impair the price of a contract listed for trading on a registered entity from reflecting the forces of supply and demand in any market. Authorizes the CFTC, upon a positive finding, to impose position limits. Authorizes the CFTC to use expedited procedures to carry out this Act. Makes specified exclusions and exemptions from the Commodity Exchange Act available only for certain transactions settled and cleared through registered derivatives clearing organizations or other regulated entities, including national banks, state member banks, insured state nonmember banks, affiliates of any of these, or corporations chartered to do foreign banking. Treats as commodities exempt from Commodity Exchange Act coverage: (1) any allowance authorized under law to emit a greenhouse gas; and (2) any credit authorized under law toward the reduction in greenhouse gas emissions or an increase in carbon sequestration. Directs the CFTC to enter into a memorandum of understanding with the Secretary of Agriculture which shall ensure that any procedures and protocols developed for a market-based greenhouse gas program are properly constructed and coordinated to maximize credits for carbon sequestration. Amends the Inspector General Act of 1978 with respect to the Office of Inspector General of the CFTC. Authorizes the CFTC to: (1) suspend trading of credit default swaps; and (2) initiate and conduct criminal litigation relating to a violation of the Commodity Exchange Act if the Attorney General has declined to do so.
United States · United States Congress · 11 February 2009
Northern Rockies Ecosystem Protection Act - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Northern Continental Divide ecosystem; (2) Greater Yellowstone ecosystem; (3) Greater Salmon/Selway ecosystem; (4) Greater Cabinet/Yaak/Selkirk ecosystem; (5) Greater Hells Canyon ecosystem; (6) Islands in the Sky Wilderness; and (7) Blackfeet Wilderness. Designates: (1) specified wild land areas as Biological Connecting Corridors to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as wilderness and components of the System; and (3) certain biological connecting corridors as special corridor management areas. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Establishes the National Wildland Restoration and Recovery System and the National Wildland Recovery Corps. Requires the Secretaries of the Interior and Agriculture to assure nonexclusive access to the specified areas and corridors designated by this Act by Native Americans for traditional cultural and religious purposes.
United States · United States Congress · 11 February 2009
Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines "secondary metal" as: (1) wire or cable commonly used by communications and electrical utilities; and (2) copper, aluminum, or other metal (including when combined with other materials) that is valuable for recycling or reuse as raw metal. Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government; (2) highway or street poles, fixtures, rails, or signs; (3) unused or undamaged building construction or utility material; (4) historical markers or grave markers; and (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check. Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations. Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal.
United States · United States Congress · 11 February 2009
Designates the facility of the United States Postal Service located at 28 Washington Street in Mount Holly, New Jersey, as the "Jim Saxton Post Office Building."
United States · United States Congress · 10 February 2009
Federal Firefighters Fairness Act of 2009 - Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus (HIV), and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health (NIOSH) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.
United States · United States Congress · 10 February 2009
Requires the total service of an employee who retires eligible for an annuity under the Federal Employees' Retirement System (FERS) (currently, an employee who retires on an immediate FERS annuity from the position of a registered nurse with the Veterans Health Administration), or who dies leaving a survivor entitled to benefits, to include the employee's days of unused sick leave for annuity computation purposes. Provides that those days will not be counted in determining average pay or annuity eligibility.
United States · United States Congress · 10 February 2009
Commends the University of Southern California (USC) Trojan football team and USC President Steven B. Sample for USC's victory in the 2009 Rose Bowl. Applauds Coach Pete Carroll for his leadership on the football field and in the community.
United States · United States Congress · 9 February 2009
Stop Child Abuse in Residential Programs for Teens Act of 2009 - Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce. Defines "covered program" as one operated by a public or private entity that with respect to one or more children unrelated to the program owner or operator: (1) provides a residential environment; and (2) operates with a focus on serving children with emotional, behavioral, or mental health problems or disorders, or problems with alcohol or substance abuse. Directs the Assistant Secretary to: (1) implement an ongoing review process for investigating and evaluating reports of child abuse and neglect; (2) establish public websites with information about each covered program, as well as a national toll-free telephone hotline to receive complaints; (3) establish civil penalties for violations of standards; and (4) establish a process to ensure that complaints received by the hotline are promptly reviewed by persons with appropriate expertise. Requires the Assistant Secretary to refer any violation of such standards to the Attorney General for appropriate action. Authorizes the Attorney General to file such a complaint on his or her own initiative regardless of whether such a referral has been made. Amends the Child Abuse Prevention and Treatment Act to establish additional eligibility requirements for grants to states to prevent child abuse and neglect at residential programs. Require such states to develop policies and procedures to prevent child abuse and neglect at covered programs consistent with the standards specified by this Act. Directs the Secretary of Health and Human Services to study and report to Congress on outcomes for children in both private and public covered programs under this Act encompassing a broad representation of treatment facilities and geographic regions.
United States · United States Congress · 4 February 2009
James Zadroga 9/11 Health and Compensation Act of 2009 - Amends the Public Health Service Act to establish within the National Institute for Occupational Safety and Health the World Trade Center Health Program (WTC program) to provide: (1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers who responded to the World Trade Center terrorist attacks on September 11, 2001; and (2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers who were directly impacted and adversely affected by such attacks. Requires the WTC program administrator to: (1) implement a quality assurance program; (2) establish the WTC Health Program Scientific/Technical Advisory Committee; (3) establish the WTC Responders Steering Committee and the WTC Community Program Steering Committee; (4) provide for education and outreach on services under the WTC program; (5) provide for the uniform collection of data related to WTC-related health conditions; (6) conduct research on physical and mental health conditions that may be related to the September 11 terrorist attacks; and (7) extend and expand arrangements with the New York City Department of Health and Mental Hygiene to provide for the World Trade Center Health Registry. Authorizes the administrator to make grants to the Department to address mental health needs relating to the terrorist attacks. Amends the Air Transportation Safety and System Stabilization Act to: (1) make individuals eligible for compensation under the September 11 Victim Compensation Fund of 2001 for harm as a result of debris removal; and (2) extend the deadline for making a claim for compensation.
United States · United States Congress · 3 February 2009
Department of Peace Act - Establishes a Department of Peace, which shall be headed by a Secretary of Peace (Secretary). Sets forth the mission of the Department, including: (1) cultivation of peace as a national policy objective; and (2) development of policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful conflict resolution, and structured conflict mediation. Establishes in the Department: (1) the Office of Peace Education and Training; (2) the Office of Domestic Peace Activities; (3) the Office of International Peace Activities; (4) the Office of Technology for Peace; (5) the Office of Arms Control and Disarmament; (6) the Office of Peaceful Coexistence and Nonviolent Conflict Resolution; (7) the Office of Human Rights and Economic Rights; and (8) the Intergovernmental Advisory Council on Peace. Directs the Secretary of Defense and the Secretary of State to consult with the Secretary concerning nonviolent means of conflict resolution when a conflict between the United States and any other government or entity is imminent or occurring. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes the Federal Interagency Committee on Peace. Directs the Secretary to encourage citizens to celebrate the blessings of peace and endeavor to create peace on a Peace Day.
United States · United States Congress · 3 February 2009
Brewers Excise and Economic Relief Act of 2009 - Amends the Internal Revenue Code to: (1) reduce from $18 to $9 ( the pre-1991 level) the per-barrel tax on beer; and (2) allow a further reduction in such tax for brewers who produce not more than 2 million barrels annually.
United States · United States Congress · 3 February 2009
Expresses support for the goals and ideals of National Girls and Women in Sports Day. Encourages the continued participation of schools and communities in providing opportunities for girls and women in elementary, secondary, and college sports to promote awareness of: (1) the positive influence of sports participation in their lives and health; and (2) the continuing struggle for equality and access for women in sports.
United States · United States Congress · 28 January 2009
Military Surviving Spouses Equity Act - Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age. Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
United States · United States Congress · 28 January 2009
Pedestrian Safety Enhancement Act of 2009 - Directs the Secretary of Transportation to study and report to Congress on the minimum level of sound that is necessary to be emitted from a motor vehicle, or some other method, to alert blind and other pedestrians of the presence of operating motor vehicles while traveling.
United States · United States Congress · 28 January 2009
Urges the Secretary of State to take measures to certify that United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) operates in full compliance with the Foreign Assistance Act and that no American taxpayer dollars are being directed to terrorists or to further terrorist propaganda. Calls on UNRWA to improve the transparency of educational materials used in UNRWA-administered schools. Urges UNRWA to implement terrorist name recognition software and other screening procedures to help ensure that UNRWA staff, volunteers, and beneficiaries are neither terrorists nor affiliated with terrorist organizations.
![Official portrait of Rep. Andrews, Robert E. [D-NJ-1]](https://www.congress.gov/img/member/a000210_200.jpg)