United States · United States Congress · 30 July 2009
Taxpayer Responsibility, Accountability and Consistency Act of 2009 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments of $600 or more made to corporations; (2) set forth criteria and rules relating to the treatment of workers as employees or independent contractors; and (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements. Requires the Secretary of the Treasury to issue an annual report on worker misclassification.
United States · United States Congress · 29 July 2009
Airline Safety and Pilot Training Improvement Act of 2009 - Requires the Administrator of the Federal Aviation Administration (FAA) to establish the FAA Task Force on Air Carrier Safety and Pilot Training to evaluate best practices in the air carrier industry and make recommendations on specified matters. Directs the FAA Administrator to conduct a rulemaking proceeding to require air carriers to: (1) provide flight crewmembers with ground training and flight training to recognize and avoid or recover from a stall or an upset of an aircraft; and (2) establish remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment. Requires the FAA Administrator to convene a multidisciplinary panel of specialists to study and report to the FAA Administrator on methods to increase the familiarity of flight crewmembers with stick pusher systems and certain weather events. Requires the Secretary of Transportation to report annually to Congress and the National Transportation Safety Board (NTSB) on NTSB air carrier safety recommendations made to and adopted or refused by the Secretary. Directs the FAA Administrator to establish an electronic pilot records database of pertinent information in FAA, air carrier, and other records that an air carrier shall access and evaluate before allowing an individual to begin service as a pilot. Requires the FAA Administrator to issue a specified final rule regarding flight crewmembers and aircraft dispatchers training programs. Requires the Inspector General of the Department of Transportation (DOT) to review and report to the FAA Administrator on FAA aviation safety inspectors and operational research analysts. Directs the FAA Administrator to conduct a rulemaking proceeding to require air carriers to: (1) establish flight crewmember mentoring programs; (2) develop methods for ensuring that flight crewmembers have proper qualifications and experience; and (3) implement a safety management system. Directs the Comptroller General to study and report to Congress on flight schools, flight education, and academic training requirements for pilot certification. Requires the FAA Administrator to report to specified congressional committees on certain voluntary safety programs. Directs the FAA Administrator to develop a plan to facilitate the establishment of an aviation safety action program (ASAP) and a flight operational quality assurance (FOQA) program by all air carriers. Treats as an unfair or deceptive trade practice for any ticket agent, air carrier, foreign air carrier, or other person to sell tickets for a flight on an air carrier without disclosing the name of the air carrier providing each flight segment before the purchase of the ticket. Requires the FAA Administrator to issue regulations to: (1) limit the number of flight and duty time hours allowed for pilots to address pilot fatigue problems; as well as (2) require air carriers to develop for FAA approval fatigue risk management plans. Directs the FAA Administrator to study and report to Congress on aviation industry best practices with regard to flight crewmember pairing and crew resource management techniques.
United States · United States Congress · 29 July 2009
Lowering Oil Price Speculation for Infrastructure Dedicated to Economic Development Act of 2009 or the LOPSIDED Oil Prices Act of 2009 - Amends the Internal Revenue Code to: (1) impose an excise tax on transactions in oil futures and options, to be paid by the trading facility on which the transactions occur or the buyer of the transactions; (2) require withholding of such tax; and (3) deposit revenues from the tax into the Highway Trust Fund. Exempts from such tax certain commercial oil traders and bona fide hedging transactions.
United States · United States Congress · 28 July 2009
US and the World Education Act - Amends the Department of Education Organization Act to require the Deputy Assistant Secretary for International and Foreign Language Education to: (1) assist the Secretary of Education in administering this Act's grant program; and (2) develop an international education research repository and make it available to states and local educational agencies (LEAs). Directs the Secretary, acting through the Deputy Assistant Secretary, to award competitive grants to LEAs, or partnerships between LEAs and private organizations or institutions of higher education that provide their LEA partners with funding, to promote international education in elementary and secondary schools. Requires each grantee to use: (1) one-half of its grant on enhancing international education within core curricula, such as by increasing teacher competency; and (2) the other half on providing supplemental international education services outside of normal instruction hours. Directs the Secretary to conduct a biennial independent evaluation of such international education programs.
United States · United States Congress · 28 July 2009
Cruise Vessel Security and Safety Act of 2009 - Delineates passenger vessel security and safety requirements concerning: (1) vessel design, equipment, construction, and retrofitting; (2) video surveillance to monitor crime; (3) posting of U.S. embassy locations; (4) maintenance of equipment and medical personnel for sexual assaults on board; (5) confidentiality of sexual assault information; (6) crew access to passenger staterooms; and (7) log book entry and reporting of deaths, missing individuals, thefts, and other crimes. Prescribes penalties for violations of this Act. Directs the Secretary of the department in which the Coast Guard is operating to develop minimum training standards for the certification of passenger vessel security personnel, crew members, and law enforcement officials on methods for the prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment. Prohibits a vessel carrying U.S. citizens from entering a U.S. port unless there is at least one crew member on board who has met such training and certification requirements. Subjects persons who violate such requirements to certain penalties. Directs the Secretary to study and report to Congress on the security needs of a passenger vessel depending on the number of passengers on the vessel, with recommendations for security improvements.
United States · United States Congress · 28 July 2009
Expresses the sense of the House of Representatives that: (1) high school students should spend at least one week in September of their senior year learning about the U.S. Constitution, as knowledge of this country's founding document is critical to being an effective citizen; and (2) upon reaching voting age, high school seniors should demonstrate their understanding of the rights and responsibilities of citizenship by petitioning the government on an issue of importance to them.
United States · United States Congress · 27 July 2009
Proxy Voting Transparency Act of 2009 - Amends the Securities Exchange Act of 1934 to require that a proxy, consent, or authorization for an annual shareholders meeting provide for a separate shareholder vote to approve the compensation of executives pursuant to compensation disclosure rules promulgated by the Securities and Exchange Commission (SEC). Requires such SEC disclosure rules to include: (1) the compensation committee report; (2) compensation discussion and analysis; (3) the compensation tables; and (4) any related materials. Requires the person making proxy or consent solicitation material regarding a disposition of an issuer's assets to disclose and submit for separate shareholder approval: (1) any compensation agreements made with principal executive officers of the issuer; and (2) the aggregate total of compensation that may be paid or become payable to or on behalf of such executive officer (golden parachute compensation). States that the shareholder vote: (1) shall not be binding upon either the corporation or the board of directors; (2) shall not be construed as overruling a decision by such board; (3) shall not be construed as creating or implying any additional fiduciary duty by such board; nor (4) shall be construed to restrict or limit shareholder ability to make proposals for inclusion in proxy materials related to executive compensation. Requires certain institutional investment managers to report at least annually how they voted on any shareholder vote (unless such vote is otherwise required to be reported publicly by SEC rule or regulation).
United States · United States Congress · 23 July 2009
Extends the deep gratitude of the House of Representatives to the men and women of the U.S. Capitol Police for the vigilance, courage, and professionalism that they demonstrate daily in protecting Congress from all manner of threats.
United States · United States Congress · 22 July 2009
Removing Impediments to Students Education Act of 2009 or the RISE Act of 2009 - Amends the Higher Education Act of 1965 to repeal a provision which makes persons convicted of drug offenses ineligible to receive federal student financial assistance for specified periods. Requires institutions of higher education to notify students who lost eligibility for such assistance due to a drug conviction and had not regained it prior to this Act's enactment that they are now eligible for such assistance.
United States · United States Congress · 21 July 2009
Corporate and Financial Institution Compensation Fairness Act of 2009 - Amends the Securities Exchange Act of 1934 to require that any proxy or consent or authorization for an annual shareholders meeting provide for a separate shareholder vote to approve executive compensation as disclosed pursuant to rules of the Securities and Exchange Commission (SEC). States that the shareholder vote: (1) shall not be binding on the corporation or the board of directors; (2) shall not be construed as overruling a board decision, nor as creating or implying any additional fiduciary duty by such board; nor (3) shall such vote be construed to restrict or limit the ability of shareholders to make proposals for inclusion in such proxy materials related to executive compensation. Sets forth procedures for disclosure and shareholder approval of golden parachute compensation. Directs the SEC to prescribe standards relating to compensation committees. Requires each member of the compensation committee of the issuer's board of directors to be a member of the issuer's board of directors, and to be otherwise independent. Requires a compensation consultant, legal counsel, or other adviser to the compensation committee of any issuer to meet SEC standards for independence. Authorizes the compensation committee of each issuer to engage independent counsel and advisors. Directs the SEC to study and report to Congress on the use of compensation consultants meeting certain standards for independence. Requires the appropriate federal regulators to prescribe jointly regulations requiring each covered financial institution to disclose to the appropriate federal regulator the structures of the incentive-based compensation arrangements for the institution's officers and employees sufficient to determine whether the compensation structure: (1) is aligned with sound risk management; (2) is structured to account for the time horizon of risks; and (3) meets other criteria appropriate to reduce unreasonable incentives for officers and employees to take undue risks. Requires such regulators to prescribe joint regulations that prohibit any compensation structure or incentive-based payment arrangement that encourages inappropriate risks by financial institutions or their officers or employees that could: (1) threaten the safety and soundness of covered financial institutions; or (2) present serious adverse effects on economic conditions or financial stability.
United States · United States Congress · 16 July 2009
Fairness in Cocaine Sentencing Act of 2009 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate increased and mandatory minimum penalties for drug offenses involving mixtures or substances which contain cocaine base (i.e., crack cocaine).
United States · United States Congress · 16 July 2009
Adult Education and Economic Growth Act of 2009 - Amends the Workforce Investment Act of 1988 to revise requirements for statewide and local workforce investment systems to include adult education activities. Revises member composition of: (1) state workforce investment boards to include state representatives responsible for implementing adult education, literacy, and workplace skills programs under the Adult Education and Family Literacy Act (AEFLA); and (2) youth councils established by local workforce investment boards to include representatives of adult education. Revises requirements for five-year state and local worker investment plans. Authorizes the use of funds for: (1) statewide and local youth activities to provide opportunities for career pathways for eligible youth as well as dual enrollment opportunities; and (2) training services for local adult and dislocated workers to include integration of adult education and training. Requires the Secretary to carry out specified employment and training demonstration and pilot projects. Amends the AEFLA to include among adult education and literacy services programs activities to assist adults with limited English proficiency through postsecondary education and training to improve their English and mathematical skills and to acquire an understanding of the American system of government and responsibilities of citizenship. Revises requirements for the allocation and reservation of AEFLA funds. Revises state distribution requirements with respect to grants and contracts to eligible providers of activities for adult education and literacy and corrections education of institutionalized individuals. Expands an eligible agency's use of funds for corrections education and education for other institutionalized individuals to include academic programs for: (1) integrated education and training; (2) career pathways; (3) dual enrollment; and (4) preparation for postsecondary education and training. Replaces the National Institute for Literacy with the National Institute for Adult Education, Literacy, and Workplace Skills (Institute). Requires national leadership activities to include activties to improve workplace skills programs nationwide. Requires the Secretary of Education to allocate grants to states for integrated English literacy and civics education programs. Requires the Secretary to award grants to assist states in developing a 21st century delivery system for adult education, literacy, and workplace skills services as well as adults in developing technology literacy. Requires the Institute to establish the National Adult Learning and Technology Resource Center. Requires the Secretary of Education to direct the Commissioner for Education Research of the National Center for Education Research to establish a national research and development center for adult education, literacy, and workplace skills. Amends the Internal Revenue Code to allow an employer educational assistance program credit for 50% of the qualified educational assistance expenses (up to $5,250) paid per taxable year on behalf of an employee.
United States · United States Congress · 16 July 2009
Provide a Return on Financial Investment for the Taxpayer Act of 2009 or the PROFIT Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Secretary of the Treasury to sell through a public auction any warrants associated with EESA assistance each time a financial institution makes a repayment of such assistance. Exempts from such requirement warrants associated with a repayment made by a financial institution that has received less than $250 million of such assistance.
United States · United States Congress · 15 July 2009
Community Gardens Act of 2009 - Authorizes the Secretary of Agriculture to make grants to eligible entities to establish, build, or operate community gardens.
United States · United States Congress · 10 July 2009
Fusion Engineering Science and Fusion Energy Planning Act of 2009 - Directs the Secretary of Energy to enhance the U.S. capability in fusion engineering science (materials science and technology that focus on fusion energy plasmas) in order to ensure: (1) full U.S. benefit from the International Thermonuclear Experimental Reactor (ITER) project; and (2) U.S. leadership in fusion engineering science and in the next steps toward the development of a fusion energy facility. Directs the Secretary, in response to recent study and planning activities undertaken by the Fusion Energy Sciences Advisory Committee and the Office of Fusion Energy Sciences, to develop and provide to Congress a comprehensive plan identifying the full range of research and development, including fusion engineering science, and the facilities needed to achieve practical fusion energy.
United States · United States Congress · 10 July 2009
Condemns the June 2009 coup d'etat in Honduras, refuses to recognize the Micheletti government installed by such coup d'etat, and calls for the reinstatement of President Zelaya as President of Honduras. Welcomes the mediation of Costa Rican President Oscar Arias.
United States · United States Congress · 8 July 2009
Consumer Financial Protection Agency Act of 2009 - Establishes the Consumer Financial Protection Agency as an independent executive agency to regulate the provision of consumer financial products or services (products or services) under: (1) this Act; (2) consumer finance laws including the Electronic Funds Transfer Act, the Equal Credit Opportunity Act, provisions of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Home Mortgage Disclosure Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act, and the Truth in Savings Act; and (3) transferred authorities concerning consumer financial protection functions of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation (FDIC), the Federal Trade Commission (FTC), and the National Credit Union Administration (NCUA). Requires the Agency to establish a Consumer Advisory Board to advise and consult with the Agency in the exercise of its functions and to provide information on emerging practices in the products or services industry. Requires collection of annual fees or assessments to recover amounts expended by the Agency. Establishes in the Treasury the Consumer Financial Protection Agency Civil Penalty Fund for deposit of any civil penalty obtained against a person in a judicial or administrative action under this Act. Requires the Agency to seek to promote transparency, simplicity, fairness, accountability, and access in the market for consumer financial products or services. Authorizes the Agency to take administrative actions to: (1) prevent a person from committing or engaging in an unfair, deceptive, or abusive act or practice under federal law in connection with any transaction with a consumer for a product or service; (2) ensure the appropriate and effective disclosure or communication to consumers of associated costs, benefits, and risks; (3) guide the manner, settings, and circumstances for the provision of products or services to ensure that their risks, costs, and benefits are fully and accurately represented to consumers; and (4) approve pilot disclosures to consumers. Encourages states to prescribe standards applicable to persons (other than insured depository institutions or credit unions) to deter and detect unfair, deceptive, abusive, fraudulent, or illegal transactions in the provision of products or services. Authorizes the Agency to prescribe regulations establishing minimum standards. Defines "standard consumer financial product or services" and allows the Agency to prescribe regulations or guidance concerning the offering of them at or before the time an alternative consumer financial product or service is offered. Sets forth prohibitions regarding marketing and advertising, agreement terms and fees, refusals to permit access to records, and providing assistance in unfair, deceptive, or abusive acts or practices. Describes the enforcement authorities of states under this Act. Describes the investigative and adjudicatory authorities and procedures of the Agency, including procedures for referral for the institution of criminal proceedings. Provides identification and availability requirements for the maintenance of records of the number and dollar amounts of deposit accounts for each branch, automated teller machine at which deposits are accepted, and other deposit-taking service facility with respect to any financial institution. Amends the Equal Credit Opportunity Act to require each financial institution, in the case of an application for credit for a small business, to: (1) inquire whether the business is a women- or minority-owned business; and (2) maintain a separate record of the responses to such inquiry. Restricts access to such information by loan underwriters or other employees of the financial institution. Requires such information to be compiled and maintained by each financial institution and submitted annually to the Agency, which shall make it available for public disclosure. Amends the Federal Trade Commission Act to require the FTC, in any investigation or proceeding in which it appears that an unfair or deceptive act or practice is being committed in connection with the marketing, sale, provision, or delivery of a product or service, to consult and coordinate with the Agency as the agencies deem appropriate. Makes it unlawful for any person, knowingly or recklessly, to provide substantial assistance to another in violating any provision of the Act or any other Act enforceable by the FTC that relates to unfair or deceptive acts or practices. Precludes FTC rulemaking authority with regard to the marketing, sale, provision, or delivery to an individual of a consumer financial product or service that is subject to the jurisdiction of the Agency. Revises other FTC rulemaking procedures regarding: (1) rule publication; (2) meetings with outside parties; (3) communications of investigative personnel outside the rulemaking record; and (4) judicial review.
United States · United States Congress · 26 June 2009
Twenty-first Century Communications and Video Accessibility Act of 2009 - Amends the Communications Act of 1934 to define: (1) "disability" to have the meaning given the term under the Americans with Disabilities Act of 1990; (2) "advanced communications" as interconnected VoIP (Voice over Internet Protocol) service, non-interconnected VoIP service, electronic messaging, and video conferencing; and (3) other specified terms. Requires that equipment providing advanced communications via a built-in speaker provide an internal means for hearing aid use. Redefines "telecommunications relay services." Requires interconnected and non-interconnected VoIP providers to contribute to the Telecommunications Relay Services Fund. Requires, unless it would be an undue burden (significant difficulty or expense), that equipment and services for advanced communications be usable by individuals with disabilities. Requires, if that requirement is an undue burden, that the equipment or service be compatible with existing commonly used peripheral devices or specialized customer equipment, unless that requirement would be an undue burden. Establishes an accessible products and services clearinghouse that is publicly available. Authorizes Lifeline and Link Up programs and other federal universal service support mechanisms to be used for those telecommunications services, Internet access services, and advanced communications that are needed by individuals with disabilities. Defines as eligible for universal service support certified programs that distribute equipment to make telecommunications service, Internet services, and advanced communications accessible by deaf-blind individuals. Requires every provider of Internet access service and every manufacturer of Internet access equipment, unless it would be an undue burden, to make user interfaces accessible to individuals with disabilities. Requires that apparatus that receives or plays back video programming and has a picture screen of any size be capable of decoding closed captioning, transmitting and delivering video description, and conveying emergency information. (Current law: (1) requires closed caption decoders only for apparatus having a picture screen that is at least 13 inches; and (2) does not require video description or emergency information conveyance capability.) Requires that apparatus to record video programming retain and pass through closed captions and video descriptions. Ratifies and considers in full force and effect the Federal Communications Commission's (FCC's) video description regulations contained in a specified Report and Order. Defines, for certain portions of this Act, "video programming" as including programming distributed over the Internet or by other means. Requires video programming owners, providers, and distributors to convey emergency information accessibly to blind or visually-impaired individuals. Requires that apparatus to receive or play back video, including using the Internet, allow control by individuals with disabilities and that on-screen menus be accompanied by integrated or peripheral audio output to enable control by blind or visually impaired individuals. Requires each provider or owner of video programming and each multichannel programming distributor to ensure that video programming information and selection provided by means of a navigational device, guide, or menu is accessible in real-time by individuals with disabilities who are unable to read the visual display.
United States · United States Congress · 26 June 2009
Global Food Security Act of 2009 - Directs the President to designate an individual to serve as the Special Coordinator for Food Security to: (1) advise the President on international food security issues; (2) ensure coordination of global food security efforts and U.S. programs; and (3) oversee implementation of a comprehensive food security strategy to be headed by the United States Agency for International Development (USAID). Sets forth strategy elements. Amends the Foreign Assistance Act of 1961 to revise and extend bilateral agriculture, rural development, and nutrition assistance programs. Authorizes the President to provide assistance to implement program components through U.S. land-grant universities, other eligible universities, and public and private partners of U.S. and foreign universities for: (1) research on problems affecting food availability; (2) agricultural development and trade research and extension services, particularly for women and other vulnerable populations; (3) application of agricultural and nutritional sciences to solving food, health, nutrition, rural income, and environmental problems, especially among populations experiencing chronic food insecurity; and (4) rural population access to national and global markets. Establishes the higher education collaboration for technology, agriculture, research, and extension to provide assistance for policies and programs in eligible countries that advance agricultural productivity and hunger alleviation through partnerships with institutions of higher education. Authorizes the President to provide assistance under this Act or the Foreign Assistance Act of 1961 for unexpected urgent food assistance needs. Establishes a United States Emergency Rapid Response to Food Crisis Fund to carry out such purposes.
United States · United States Congress · 26 June 2009
Expresses sympathy to Falun Gong practitioners and their family members who have suffered persecution and even death because of adherence to their personal beliefs. Calls upon: (1) the government of the People's Republic of China (PRC) to cease its campaign against Falun Gong practitioners, including harassment activities within the United States; (2) the Secretary of State to ensure that officials of foreign embassies and consulates are not engaged in activities in the United States that are incompatible with their diplomatic status; and (3) the President and Members of Congress to mark the 10th anniversary of Chinese official repression of the Falun Gong spiritual movement.
United States · United States Congress · 26 June 2009
Expresses the sense of the House of Representatives that the: (1) Minute Man National Historical Park in Massachusetts serves an essential role in preserving the sites and landscapes in New England where the American Revolution began, and in educating the public about the historic events that led to the birth of the nation; (2) Park honors and commemorates the ideals of democracy, liberty, and freedom that are the foundation of the nation and sources of inspiration for people everywhere; and (3) creation of the Park 50 years ago continues to benefit Americans, preserves the proud legacy of the Revolution, and serves as an enduring resource for future generations.
United States · United States Congress · 25 June 2009
Worker Eligibility Fairness Act of 2009 - Amends the Food and Nutrition Act of 2008 to eliminate the provision making a federal, state, or local government employee who is dismissed for participating in a strike against the federal government, the state, or a political subdivision of the state ineligible for the supplemental nutrition assistance program (formerly the food stamp program).
United States · United States Congress · 25 June 2009
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, with respect to abatement actions because of the release of recycled oil and liability for costs or damages resulting from such oil's release in the course of disposal or transport, to limit liability of a service station dealer with respect to any period between November 8, 1986, and the effective date of certain corrective action regulations or standards promulgated under the Solid Waste Disposal Act if the dealer complied with all applicable laws and regulations relating to disposal.
United States · United States Congress · 25 June 2009
Recognizes the importance of manufactured and modular housing to homeownership in the United States. Supports the goals and ideals of National Homeownership Month (June) and Manufactured and Modular Housing Week (the third week of June).
United States · United States Congress · 25 June 2009
Recognizes the fifth anniversary of the congressional declaration of genocide in Darfur, Sudan. Expresses regret that such determination has not yielded effective action on the part of the United Nations and other nations which maintain significant influence in Sudan, including China and certain Arab League members. Urges: (1) the United States to work with other nations to support a negotiated settlement to the conflict; (2) U.N. member states to provide sufficient resources to support a fully capacitated African Union/United Nations Mission in Darfur (UNAMID); and (3) the parties to the conflict in Darfur to cease attacks upon civilians and humanitarian and peacekeeping operations and to commit to finding a political solution in Darfur.
United States · United States Congress · 24 June 2009
Employment Non-Discrimination Act of 2009 - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Prohibits related retaliation. Makes this Act inapplicable to: (1) religious organizations; and (2) the relationship between the United States and members of the Armed Forces. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran. Provides for the construction of this Act regarding: (1) enforcement by employers of rules and policies; (2) sexual harassment; (3) certain shared facilities such as showers or dressing facilities; (4) construction of new or additional facilities; (5) dress and grooming standards; and (6) provision of employee benefits to married vs. unmarried couples. Declares that, in this Act, "married" refers to a legal union between one man and one woman. Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived sexual orientation or gender identity or compelling the collection by covered entities of such statistics. Provides for enforcement, including giving the EEOC, the Librarian of Congress, the Attorney General, and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws. Allows actions and proceedings, subject to exception, against the United States and the states.
United States · United States Congress · 24 June 2009
Trade Reform, Accountability, Development, and Employment Act of 2009 or the TRADE Act of 2009 - Directs the Comptroller General to: (1) review biennially certain free trade agreements (including Uruguay Round Agreements) between the United States and foreign countries to evaluate their economic, environmental, national security, health, safety, and other effects; and (2) report on them to the Congressional Trade Agreement Review Committee (established by this Act), including analyses of specified aspects of each agreement and certain information about agreement parties, such as whether the country has a democratic form of government, respects certain core labor rights and fundamental human rights, protects intellectual property rights, and enforces environmental laws. Declares that implementing bills of new trade agreements shall not be subject to expedited consideration or special procedures limiting amendment, unless such agreements include certain standards with respect to: (1) labor; (2) human rights; (3) environment and public safety; (4) food and product health and safety; (5) provision of services; (6) investment; (7) procurement; (8) intellectual property; (9) agriculture; (10) trade remedies and safeguards; (11) dispute resolution and enforcement; (12) technical assistance; (13) national security; and (14) taxation. Requires the President to submit to Congress a plan for the renegotiation of existing trade agreements to bring them into compliance with such standards. Establishes a Congressional Trade Agreement Review Committee. Expresses the sense of Congress that certain processes for U.S. trade negotiations should be followed when Congress considers legislation providing special procedures for implementing bills of trade agreements.
United States · United States Congress · 18 June 2009
Amends the Public Health Service Act to extend through FY2012 the current authorization of appropriations for the national public awareness campaign for gynecologic cancers (Johanna's law). Authorizes appropriations in subsequent fiscal years at levels necessary to carry out such campaign. Requires the Secretary of Health and Human Services (HHS) to: (1) collaborate with nonprofit gynecologic cancer organizations to determine the best practices for providing gynecologic cancer information and outreach services to varied populations; and (2) make grants to nonprofit private entities to carry out demonstration projects to test outreach and education strategies to increase the awareness and knowledge of women and health care providers regarding gynecologic cancers.
United States · United States Congress · 18 June 2009
Personal Use of Marijuana by Responsible Adults Act of 2009 - Prohibits the imposition of any penalty under an Act of Congress for the possession of marijuana for personal use or for the not-for-profit transfer between adults of marijuana for personal use. Deems the possession of 100 grams or less of marijuana as personal use (one ounce or less for a not-for-profit transfer between adults). Allows the imposition of a civil penalty under the Controlled Substances Act for the public use of marijuana if such penalty does not exceed $100.
United States · United States Congress · 17 June 2009
Statutory Pay-As-You-Go Act of 2009 - Requires the Congressional Budget Office (CBO), as soon as practicable after Congress completes action on any Pay-As-You-Go (PAYGO) legislation, to provide an estimate of its budgetary effects to the Office of Management and Budget (OMB). Requires OMB to maintain and make publicly available a document containing a PAYGO ledger and, within seven days (excluding weekends and legal holidays) after the enactment of any PAYGO legislation, record on such ledger its estimate of the legislation's budgetary effects in each fiscal year, applying the look-back and averaging requirements of this Act. Exempts from the requirements of this Act any PAYGO legislation designated as an emergency requirement by the President and enacted by Congress. (Requires OMB to display the budgetary effects of such legislation as an addendum in the document containing the PAYGO ledger but not record the budgetary effects in it.) Requires OMB: (1) to make publicly available an annual PAYGO report and publish a notice of it in the Federal Register, including information on how it can be obtained; and (2) if such report shows a debit on the PAYGO ledger for the budget year, to prepare and the President to issue a sequestration order for submission to Congress. Prescribes requirements for calculating a sequestration for certain nonexempt and Medicare mandatory programs. Sets forth a special temporary rule to address the scoring of legislation affecting current policy for: (1) payments made under title XVIII (Medicare) of the Social Security Act for physician services; (2) the Estate and Gift Tax and the Alternative Minimum Tax (AMT) under the Internal Revenue Code; and (3) provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 or the Jobs and Growth Tax Relief and Reconciliation Act of 2003 that amended the Code extending middle-class tax cuts for individuals (or provisions in later statutes further amending such amendments). Makes such rule effective through December 31, 2010, or, in specified circumstances, until December 31, 2011. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to modify the assumptions used to calculate the baseline. Requires: (1) temporary mandatory funding and tax provisions related to major natural or man-made disasters to be assumed to expire on schedule, and discretionary funding for them to not be projected; and (2) the baseline to include a disaster allowance that is not designated as mandatory or discretionary and is not allocated to any congressional committee. Amends the Gramm-Rudman-Hollings Act to specify additional Social Security, veterans, Tier I Railroad Retirement benefits and other programs and activities exempt from a sequestration order as well as certain economic recovery programs.
United States · United States Congress · 16 June 2009
Voter Confidence and Increased Accessibility Act of 2009 - Amends the Help America Vote Act of 2002 (HAVA) to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record. Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical scanner or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved. Requires each paper ballot used to be: (1) suitable for a manual audit; and (2) counted by hand in any recount or audit conducted with respect to any federal election. Sets forth a special rule for treatment of disputes when paper ballots have been shown to be compromised. Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy. Specifies additional voting system requirements and prohibitions. Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software. Makes available additional funding to enable states to meet the costs of the requirements imposed by this Act. Provides for complaints to the Attorney General by persons aggrieved by violations of HAVA. Requires each state to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots. Makes an exception from this requirement for elections in which the winning candidate had no opponent or received 80% or more of the vote total. Prescribes requirements for determination of the number of ballots counted under the audit. Prescribes the process for administering audits. Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to the Election Assistance Commission (EAC) for publication. Prohibits certification of the results of any election until completion of audits. Provides for payments to states for the costs of conducting audits. Exempts from this Act any election for which a recount under state law will commence before certification of the election results. Repeals the EAC's exemption from certain federal government contracting requirements.
United States · United States Congress · 16 June 2009
Comprehensive Problem Gambling Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to establish and implement programs for the identification, prevention, and treatment of problem and pathological gambling. Requires the Secretary to carry out a national campaign to increase knowledge and raise awareness of problem gambling. Requires the Secretary to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting existing national campaigns to provide national strategies for dissemination of information intended to address problem gambling; (2) encourage media outlets to provide information aimed at preventing problem gambling; and (3) target radio and television audiences of, but not limited to, sporting events and gambling. Requires the President to: (1) establish and implement a national program of research on problem gambling; (2) appoint an advisory commission to coordinate federal research; and (3) consider the National Gambling Impact Study Commission's recommendations. Authorizes the Secretary to make grants to states, local, and tribal governments, and nonprofit agencies to provide comprehensive services with respect to treatment and prevention of, and education about, problem gambling. Directs the President, acting through the Administrator, to develop a Treatment Improvement Protocol for problem gambling Expresses the sense of Congress that every state should contribute a percentage of its revenue from gambling towards prevention and treatment of, and services and education about, problem gambling.
United States · United States Congress · 16 June 2009
Bank Accountability and Risk Assessment Act of 2009 - Amends the Federal Deposit Insurance Act to require the risk-based assessment system (used to determine the premiums owed by insured depository institutions) to consider, in addition to existing factors, the risks posed to the Deposit Insurance Fund by: (1) the affiliates of a depository institution; and (2) the off-balance sheet assets and liabilities of depository institutions and their affiliates. Directs the Federal Deposit Insurance Corporation (FDIC) to impose a systemic risk assessment, at least annually, and in addition to the regular annual assessment and emergency special assessments, on all systemically important depository institutions. Repeals the declaration that no insured depository institution shall be barred from the lowest-risk category solely because of size. (Thus allows an insured depository institution to be barred from the lowest-risk category solely because of size.) Bases the regular annual assessment on an assessment rate established by the FDIC and an insured depository institution's average total assets minus its average tangible equity during the assessment period.
United States · United States Congress · 15 June 2009
Improving Access to Clinical Trials Act of 2009 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to disregard for SSI income eligibility purposes any compensation in the amount of the first $2,000 per year received by an individual for participation in clinical trials for rare diseases or conditions.
United States · United States Congress · 12 June 2009
Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations. Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer. Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors. Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance. Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation.
United States · United States Congress · 11 June 2009
Expresses support for: (1) the HHT Foundation International's designation of a National Hereditary Hemorrhagic Telangiectasia Month; and (2) the Foundation's work to find a cure while saving lives and improving the well-being of those affected by Hereditary Hemorrhagic Telangiectasia (HHT) through research, outreach, education, and support. Recognizes the need to pursue research into better treatments and a cure for HHT.
United States · United States Congress · 9 June 2009
Fracturing Responsibility and Awareness of Chemicals Act of 2009 - Amends the Safe Drinking Water Act to: (1) repeal the exemption from restrictions on underground injection of fluids near drinking water sources granted to hydraulic fracturing operations under such Act; and (2) require oil and gas companies to disclose the chemicals used in hydraulic fracturing operations.
United States · United States Congress · 8 June 2009
Automobile Dealer Economic Rights Restoration Act of 2009 - Prohibits an automobile manufacturer (manufacturer) in which the federal government has an ownership interest, or which receives loans from the federal government, from depriving an automobile dealer (dealer) of its economic rights. Requires the manufacturer to honor those rights as they existed for Chrysler LLC and General Motors Corporation dealers prior to the commencement of the bankruptcy cases of each corporation, including dealer rights to recourse under state law. Requires the appropriate manufacturer to restore the franchise agreement between the dealers and Chrysler LLC or General Motors that was in effect prior to the commencement of their respective bankruptcy cases, and to take assignment of such agreements. States that nothing in this Act is intended to make null and void the transfer of substantially all the assets of such corporations.
United States · United States Congress · 8 June 2009
Expands the urbanized area formula grants program to include public transit projects: (1) in urbanized areas with a population of at least 200,000, and urbanized areas with a population of between 200,000 and 400,000, if the state or regional authority that provides public transportation for the area operates less than 100 buses in fixed-route service in the area during peak service hours; and (2) in urbanized areas with graduated populations of between 400,000 and capping out at 1 million or more. Establishes certain grant limits for such projects. Revises grant eligibility requirements for FY2010-FY2015 for such projects in urbanized areas with a population of at least 200,000.
United States · United States Congress · 4 June 2009
Child Protection Compact Act of 2009 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance (grants, cooperative agreements, or contracts) for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children.
United States · United States Congress · 4 June 2009
Reuniting Families Act - Amends the Immigration and Nationality Act (INA) to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY1992-FY2007. Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY1992-FY2007. Revises the definition of "immediate relative" to: (1) mean a child, spouse, or parent of a U.S. citizen or lawful permanent resident (and for each family member of a citizen or resident, such individual's accompanying spouse or child), except that in the case of parents such citizens shall be at least 21 years old; (2) permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen's or resident's death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (3) include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen's or resident's death if the alien files a petition within two years after such date or prior to reaching 21 years old. Increases immigration visas for: (1) unmarried sons and daughters of U.S. citizens; and (2) brothers and sisters of U.S. citizens. Provides a 60,000 visa allocation for the unmarried sons and daughters of permanent resident aliens. Increases annual per country (10% of annual total) and dependent area (5% of annual total) limits for employment-based and family-sponsored immigrant visas. Expands specified family-unity exceptions to unlawful presence-based inadmissibility. Provides specified relief for orphans and spouses regarding: (1) petitions for immediate relative status; (2) parole eligibility; (3) permanent resident status adjustment; and (4) processing of immigrant visas. Filipino Veterans Family Reunification Act - Exempts children of naturalized Filipino World War II veterans from worldwide or numerical immigrant limitations. Makes a minor child of an alien fiancee/fiance or of an alien spouse of a U.S. citizen eligible for derivative K-visa status provided that the child's age is determined using such child's age at the date that the petition to classify such child's parent as a K-visa alien is filed with the Secretary of Homeland Security. Authorizes the Secretary or the Attorney General to adjust the status of a finacee/fiance or alien spouse and any minor children (K-visa) to conditional permanent resident status if such alien marries the petitioner within three months after U.S. admission. Redefines "child" for purposes of titles I and II of the Act to include a stepchild under 21 years old. (Current law includes a stepchild who has not reached 18 years old at the time the marriage creating the status of stepchild occurred.) Uniting American Families Act of 2009 - Amends INA to include a "permanent partner" within the scope of such Act. Defines "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, anyone 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 "permanent partnership" as the relationship existing between two permanent partners. Defines "alien permanent partner" as the individual in a permanent partnership who is being sponsored for a visa.
United States · United States Congress · 4 June 2009
Amends the Burmese Freedom and Democracy Act of 2003 to renew, for three years, the President's authority to ban the import of Burmese products. Approves the renewal of certain import restrictions contained in the Act. Deems this resolution a renewal resolution which shall take effect upon its enactment or July 26, 2009, whichever occurs first.
United States · United States Congress · 4 June 2009
Recognizes that: (1) the current payment mechanisms for Federally-Qualified Health Centers in Medicaid, the Children's Health Insurance Program (CHIP, formerly known as SCHIP), and Medicare are essential to assuring access to quality, affordable, primary, and preventive care servies; and (2) any expansion of private insurance must include mechanisms to ensure the full participation of, and appropriate reimbursement to, such Centers to ensure adequate access to care for the medically underserved and disenfranchised. Expresses the sense of Congress that: (1) everyone should have the choice of a community health center as their health care home and every center should be appropriately reimbursed for the care it provides; and (2) health care reform should include measures to expand community health centers.
![Official portrait of Rep. Capuano, Michael E. [D-MA-8]](https://www.congress.gov/img/member/c001037_200.jpg)