United States · United States Congress · 18 March 2009
Fitness Integrated with Teaching Kids Act or the FIT Kids Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require annual state and local educational agency report cards to include specified information on school health and physical education programs. Includes the promotion of healthy, active lifestyles by students within ESEA grant programs that support school counseling, smaller learning communities, community learning centers, and parental involvement in their childrens' education. Revises the professional development program for teachers and principals to include training for physical and health education teachers, and training on improving students' health habits and participation in physical activities. Directs the Secretary of Education to contract with the National Academy of Sciences (NAS) for a study that: (1) assesses the effect health and physical education have on students' ability to learn; and (2) makes recommendations for improving, and measuring improvements to, their health and physical education in schools.
United States · United States Congress · 17 March 2009
Preservation of Antibiotics for Medical Treatment Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms. Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval.
United States · United States Congress · 17 March 2009
End Government Reimbursement of Excessive Executive Disbursements (End GREED) Act - Authorizes the Attorney General to: (1) commence a civil action in U.S. district court to recover previous excessive compensation paid by any entity that received over $10 billion in federal financial assistance on or after September 1, 2008; and (2) limit the amount of compensation paid or payable by such an entity on or after enactment of this Act if such compensation is greater than 10 times the mean amount of compensation paid or payable to the entity's nonmanagement employees.
United States · United States Congress · 17 March 2009
Responsible Education About Life Act - Authorizes the Secretary of Health and Human Services to make grants to states for sex education programs, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases. Expresses the sense of Congress that states are encouraged, although not required, to provide matching funds to receive such grants. Requires the Secretary to provide for a national evaluation of a representative sample of such programs for effectiveness in delaying the initiation of sexual intercourse and other high-risk behaviors, preventing pregnancy and sexually transmitted disease, and increasing contraceptive knowledge and behavior. Requires states receiving such grants to provide for an individual evaluation of the state's program by an external, independent entity. Prohibits such programs from discriminating on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity.
United States · United States Congress · 17 March 2009
Pathway for Biosimilars Act - Amends the Public Health Service Act to allow a person to submit an application for licensure of a biological product based on its similarity to a licensed biological product (the reference product). Requires the Secretary of Health and Human Services to approve the application if: (1) the biological product is biosimilar to the reference product with respect to each condition of use for which the reference product is approved; and (2) the applicant consents to the inspection of the facility that is the subject of the application. Sets forth requirements for a determination by the Secretary that a biological product is interchangeable with a reference product. Prohibits a biological product from being evaluated against more than one reference product. Prohibits licensure under this Act of a biological product containing specified agents or toxins or a schedule I or II controlled substance unless the Secretary determines there would be no increased risk to the security or health of the public from licensing such a biological product. Prohibits the Secretary from making approval of an application under this Act effective until 12 yeas after the date on which the reference product was first licensed. Provides for confidentiality of information received pursuant to this Act. Sets forth provisions governing patent infringement actions related to this Act. Deems as patent infringement the submission of a statement under this Act by the applicant setting forth reasons why the making, use, or sale of the biosimilar product would not infringe the patent, or why the patent is invalid or unenforceable, if the purpose of such submission is to obtain approval to engage in the commercial manufacture, use, or sale before the expiration of such patent.
United States · United States Congress · 17 March 2009
Stephanie Tubbs Jones Collegiate Housing and Infrastructure Act of 2009 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) which apply such grants to their collegiate housing property.
United States · United States Congress · 17 March 2009
Honors, in recognition of the designation of March 2009 as Irish-American Heritage Month, Irish-Americans for their significance in the history and progress of the United States.
United States · United States Congress · 16 March 2009
Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A. Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted. Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance.
United States · United States Congress · 16 March 2009
United States Cadet Nurse Corps Equity Act - Deems service of a person as a member of the United States Cadet Nurse Corps between July 1, 1943, and December 15, 1945 (qualified service), to be active military service for purposes of all laws administered by the Department of Veterans Affairs. Requires: (1) the Secretary of Defense to issue an honorable discharge to each person whose qualified service warrants one; and (2) the discharge to be issued before the end of the one-year period beginning on the enactment of this Act. Prohibits benefits from being paid to persons as a result of such enactment for any period before the enactment date.
United States · United States Congress · 16 March 2009
Prescribe A Book Act - Creates a Pediatric Early Literacy program under which the Secretary of Education awards matching grants to nonprofit organizations for the implementation of three-part models through which: (1) health care providers encourage parents to read aloud to their children and offer them recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five-years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers reading to children in health care facility waiting areas show parents the techniques and pleasures of reading aloud to children. Requires that the books provided to children under the program be obtained at a discount.
United States · United States Congress · 16 March 2009
Supports the goals and ideals of a decade of action for global road safety with a global target to reduce by 50% the predicted increase in global road deaths between 2010 and 2020. Urges the Obama Administration to take a leadership role at the First Ministerial Conference on Road Safety in Moscow and for the United States to work with other nations to achieve the goals and ideals of a decade of action for road safety.
United States · United States Congress · 12 March 2009
Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions upon overdraft protection fees or services placed upon a consumer account in order to cover any debit due to insufficient funds in such account. Prohibits certain misrepresentations made by an institution that it will extend credit to cover all overdrafts. Prohibits specified advertising claims regarding overdraft protection programs or services, including any representation or statement encouraging use of the account as a service to: (1) meet short-term credit needs; or (2) obtain advances on a consumer's next payment of salary, wages, benefits, or other income. Authorizes the Board of Governors of the Federal Reserve System to restrict additional acts or practices the Board deems unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services. Amends the Electronic Fund Transfer Act to set forth restrictions governing overdraft protection services and fees concerning payment of an electronic fund transfer initiated by the consumer at an automated teller machine (ATM) despite of a lack of sufficient funds in the consumer's account. Amends the Expedited Funds Availability Act to prohibit a depository institution from: (1) imposing overdraft protection fees for paying any check drawn on the account in spite of a lack of sufficient funds unless the account holder has affirmatively requested such service; or (2) engaging in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in an overdraft that triggers payment of an overdraft protection fee.
United States · United States Congress · 12 March 2009
Community Reinvestment Modernization Act of 2009 - Repeals specified revisions to regulations governing the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Director of the Office of Thrift Supervision. Reinstates banking agency regulations in effect before the publication of such revisions. Amends the Bank Holding Company Act of 1956 (BHCA) to subject to the Community Reinvestment Act of 1977 (CRA) nonbank affiliates of bank holding companies that offer banking products or services, including insurance companies and securities firms. Amends the CRA to subject to a rating reduction any regulated financial institution engaged in negative credit practices or securitization activities, including predatory and discriminatory lending. Amends the Equal Credit Opportunity Act to require a depository institution, in connection with a small business credit application, to: (1) inquire whether the business is a women- or minority-owned business; and (2) maintain a record of the responses to such inquiry. Requires a depository institution to maintain records of the number and dollar amounts of customer deposit accounts for each deposit taking service facility. States that securities companies, mortgage banks, and insurance companies have a continuing affirmative obligation to meet the financial services needs in their assessment areas, including the needs of low- and moderate-income neighborhoods and persons of modest means. Amends the BHCA to require affiliates of securities companies, mortgage banks, and insurance companies to attain satisfactory ratings in accordance with this Act. Amends the Federal Credit Union Act to reaffirm that covered credit unions have a continuing and affirmative obligation to meet the needs of their assessment areas (including minority and low- and moderate-income neighborhoods). Directs the National Credit Union Administration Board (NCUAB) to prescribe regulations for evaluating a covered credit union's record of meeting such obligations. Insurance Disclosure Act - Directs the Secretary of Housing and Urban Development to: (1) establish requirements for insurers to submit information annually about noncommercial insurance, rural insurance, and investments by insurers; and (2) make such information public. Directs the Financial Institutions Examination Council to maintain a hierarchical database containing the structure of financial holding companies, bank holding companies, depository institutions, and non-depository institutions. Amends the BHCA to authorize certain expanded financial activities by a bank holding company only if it has neither been adjudicated in federal court, nor entered into a consent decree or settlement agreement premised upon a violation of the Fair Housing Act (antiredlining requirement). Requires: (1) notice and public comment before establishment of a financial holding company; (2) public meetings regarding bank acquisitions and mergers; and (3) a public comment period regarding branch closures. Amends Federal Deposit Insurance Act, the National Bank Consolidation and Merger Act, and the Home Owners' Loan Act with regard to mandatory meetings involving commenters and financial institutions. Amends the CRA to subject regulated financial institutions, regardless of size or aggregate assets, to mandatory biennial examinations. Amends the Home Mortgage Disclosure Act of 1975 to prohibit regulatory exemptions from its reporting requirements.
United States · United States Congress · 11 March 2009
Complete Streets Act of 2009 - Requires each state to have in effect within two years a law, or each state department of transportation and metropolitan planning organization (MPO) an explicit policy statement, that requires all federally-funded transportation projects, with certain exceptions, to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, and individuals with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make project-specific exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population and employment densities or level of transit service around a roadway is so low that there is no need to implement such principles; and (2) all such exemptions are properly approved. Requires: (1) the Secretary to establish a method for ensuring compliance by state departments of transportation and MPOs with complete streets principles; and (2) states to require every agency responsible for a project within an approved transportation improvement program to review and certify project compliance with complete streets principles. Requires states noncompliant with complete streets principles to use a portion of their surface transportation program funds to carry out a highway safety program. Requires the Architectural and Transportation Barriers Compliance Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. Requires the Secretary to conduct research regarding complete streets to: (1) assist states, MPOs, and local jurisdictions in developing and implementing complete streets-compliant plans, projects, procedures, policies, and training programs; and (2) establish benchmarks for, and provide technical guidance on, implementing complete streets policies and principles.
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
Justice Integrity Act of 2009 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program. Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group. Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.
United States · United States Congress · 10 March 2009
Newborn, Child, and Mother Survival Act of 2009 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to improve the health of newborns, children, and mothers in developing countries. Directs the President to develop a comprehensive U.S. government strategy to reduce mortality and improve the health of newborns, children, and mothers in developing countries. Establishes the Interagency Task Force on Child Survival and Maternal Health in Developing Countries.
United States · United States Congress · 9 March 2009
Labeling Education and Nutrition Act of 2009 or the LEAN Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to authorize a food service establishment to provide nutrition information for a food item by: (1) providing calories and nutrient information required for food intended for human consumption; (2) disclosing such information in written form; and (3) making such disclosure available upon request prior to purchase. Requires the labeling of a standard food item served or offered for sale in a food service establishment that is part of a chain that operates 20 or more establishments under the same trade name to disclose, in a clear and conspicuous manner, prior to the point of purchase: (1) the number of calories on a menu board, on a sign meeting certain requirements, in the menu, or as part of or supplement to the menu; (2) specified nutrient information, in writing and upon request; (3) a statement directing the consumer to the availability of additional nutrient information; and (4) a statement providing suggested daily caloric intake, on a menu or menu board that does not list calories. Declares a person to have knowingly or willfully violated the requirements of this Act if the person: (1) purposefully fails to make a disclosure required by this Act; or (2) makes a disclosure with the intent to deceive. Provides that a reasonable basis determination of nutrition information shall be required only once per standard food item if certain requirements are met. Preempts state laws not identical to this Act.
United States · United States Congress · 5 March 2009
Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans.
United States · United States Congress · 5 March 2009
Medical Device Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 5 March 2009
Child Nutrition Promotion and School Lunch Protection Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish science-based nutrition standards for foods served in schools other than foods served under the school lunch or breakfast programs. Applies such standards to all food sold outside such programs anywhere on school campuses during the extended school day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary to: (1) consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health when establishing the standards; and (2) review the standards as soon as practicable after the Department of Agriculture and the Department of Health and Human Services publish a new edition of the Dietary Guidelines for Americans.
United States · United States Congress · 5 March 2009
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
Supports the goals and ideals of National Women's History Month. Recognizes and honors the women and organizations in the United States that have fought for and continue to promote the teaching of women's history.
United States · United States Congress · 4 March 2009
Troops to Teachers Improvement Act of 2009 - Amends the Troops-to-Teachers program of the Elementary and Secondary Education Act of 1965 (which provides veterans with teacher certification stipends in exchange for three years of service in a high-need local educational agency (LEA) or public charter school) to make any LEA that is receiving school improvement funds eligible to participate in such program.
United States · United States Congress · 4 March 2009
Veterans Mental Health Screening and Assessment Act - Expresses the sense of Congress that: (1) the increasing rate of suicide among veterans returning from Operations Enduring Freedom and Iraqi Freedom is a serious problem; and (2) the Secretary of Defense should conduct mandatory, face-to-face, and confidential mental health and traumatic brain injury screenings for each member of the Armed Forces (member) during the period beginning 90 days after the member completes a deployment in support of a contingency operation and ending 180 days thereafter. Directs the Secretary to carry out such screenings. Prohibits the Secretary from prohibiting a member from returning to the United States due to any screening result or determination. Requires the Secretary and the Secretary of Veterans Affairs to establish a joint protocol to share existing and future reports from confidential screenings conducted to help aid members in their transition from health care and treatment provided by the Department of Defense (DOD) to health care and treatment provided by the Department of Veterans Affairs (VA).
United States · United States Congress · 4 March 2009
Clean Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define "fill material" to mean any pollutant that replaces portions of waters of the United States with dry land or that changes the bottom elevation of a water body for any purpose and to exclude any pollutant discharged into the water primarily to dispose of waste.
United States · United States Congress · 4 March 2009
Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.
United States · United States Congress · 3 March 2009
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 · 26 February 2009
Fairness in Nursing Home Arbitration Act of 2009 - Provides that a pre-dispute arbitration agreement between a long-term care facility and a resident (or anyone acting on the resident's behalf) shall not be valid or specifically enforceable.
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
Public Servant Retirement Protection Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to repeal the current windfall elimination provision (WEP) (that reduces the Social Security benefits of workers who also have pension benefits from employment not covered by Social Security) for individuals first performing non-covered service beginning one year after enactment of this Act. Establishes a new formula for the treatment of non-covered earnings in determining Social Security benefits. Applies such formula to individuals subject to the current WEP if the benefit under the new formula would be higher.
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
Federal Reserve Transparency Act of 2009 - Repeals the authority of the Comptroller General to carry out an onsite examination of an open insured bank or bank holding company only if the appropriate federal regulatory agency has consented in writing. (Retains the authority of the Comptroller General to audit a federal agency.) Directs the Comptroller General to complete, before the end of 2010, an audit of the Board of Governors of the Federal Reserve System and of the federal reserve banks, followed by a detailed report to Congress.
United States · United States Congress · 26 February 2009
Commends the American Sail Training Association: (1) for its advancement of character building experiences for youth at sea; and (2) as the national sail training association of the United States. Encourages citizens of all nations to join in the celebration of Tall Ships Atlantic Challenge 2009 and in the character building and educational experience that it represents for youth.
United States · United States Congress · 26 February 2009
Supports the goals of International Women's Day. Recognizes and honors the women who have fought and continue to struggle for equality. Reaffirms the commitment of the House of Representatives to ending discrimination and violence against women and girls, to ensuring their safety and welfare, and to pursuing policies that guarantee their basic rights. Encourages the President to: (1) reaffirm his commitment to pursue policies to protect the health and rights of women and girls; and (2) issue a proclamation calling upon the people of the United States to observe International Women's Day.
United States · United States Congress · 26 February 2009
Recognizes that respect for human rights is a fundamental value and that the bilateral relationship between the United States and Egypt should be a platform for promoting the rule of law and fundamental freedoms. Calls on the Egyptian government to: (1) respect human rights, minority rights, and freedoms of religion and expression; and (2) release Abdel Karim Suleiman and all political activists. Welcomes the government of Egypt's decision to pardon Ayman Nour for medical reasons. Urges the President and the Secretary of State to put human rights and religious freedom developments in Egypt very high on the U.S. government's agenda during meetings with Egyptian officials.
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
Organized Retail Crime Act of 2009 - Amends the federal criminal code to define "organized retail crime" as: (1) the stealing, embezzlement, obtaining by fraud, false pretenses, or other illegal means of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or (2) the recruitment of persons to participate in such criminal activities. Modifies the crime of transporting and selling or receiving stolen goods to include activities involving organized retail crime and the facilitation of such crime through the operation of an online marketplace. Expands the crime of fraud involving access devices to include the use of gift cards, a Universal Product Code label, or a radio frequency identification transponder to obtain goods or services illegally. Imposes reporting and other requirements on operators of online marketplaces and high volume (at least $12,000 annually) sellers relating to the sale of goods and services suspected of being acquired through organized retail crime. Requires the U.S. Sentencing Commission to review and, if appropriate, amend its guidelines for persons convicted of offenses involving organized retail crime. Provides for civil forfeiture of any property used to commit or facilitate organized retail crime. Allows a business whose goods or services were sold or used in the facilitation of organized retail crime through the operation of an online marketplace to obtain injunctive relief and compensatory damages.
United States · United States Congress · 25 February 2009
E-fencing Enforcement Act of 2009 - Amends the federal criminal code to impose a duty on any online market provider to disclose the contact information (i.e., name, telephone number, and address for service of legal process) of any high volume seller who has listed goods or items for sale on such provider's online marketplace that match the description of stolen goods listed in a signed report from a criminal law enforcement agency. Defines "high volume seller" as any person who, through an online marketplace, sells or offers for sale in a single offering goods or items worth more than $5,000, or more than $12,000 in one or more offerings during the preceding 365 days. Requires an online market provider to: (1) retain contact information on high volume sellers for three years; and (2) deny high volume sellers access to the marketplace if such provider has good reason to believe that such sellers acquired their goods unlawfully. Allows high volume sellers to bring a civil action to challenge the denial of access to an online marketplace.
United States · United States Congress · 25 February 2009
Lyme and Tick-Borne Diseases Prevention, Education, and Research Act of 2009 - Requires the Secretary of Health and Human Services to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding how officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases. Requires the Secretary, acting through the appropriate federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) accurately determining the prevalence of such diseases; (4) evaluating the feasibility of creating a national uniform reporting system; (5) providing and promoting access to a clearinghouse of information on such diseases; (6) increasing public education related to such diseases; (7) creating a physician education program; (8) establishing epidemiological research objectives to determine the long term course of illness for Lyme disease; and (9) determining the effectiveness of different treatment modalities by establishing treatment outcome objectives
United States · United States Congress · 25 February 2009
Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.
United States · United States Congress · 24 February 2009
Local Community Radio Act of 2009 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC, when licensing FM translator stations, to ensure that: (1) licenses are available to both FM translator stations and low-power FM stations; and (2) such decisions are made based on the needs of the local community.
United States · United States Congress · 24 February 2009
Declares that Congress: (1) focuses on learning more about senior care and being prepared to manage the needs of our aging population; (2) recognizes caregiving as a profession; (3) supports the efforts of family caregivers nationwide by encouraging individuals to provide care to family, friends, and neighbors; (4) fosters a private home care industry environment that supports enterprise to provide accessible and affordable caregiving services to seniors while providing standardized training to paid caregivers that offers opportunity for their continued growth and development; (5) studies alternatives to make caregiving even more accessible and affordable; (6) examines and continues to fund current federal programs which address the accessibility and affordability needs of seniors and their family caregivers; and (7) encourages the Secretary of Health and Human Services to continue working to educate people on the impact of aging and the importance of knowing the options available to meet seniors' personal needs.
United States · United States Congress · 23 February 2009
Helping Families Save Their Homes Act of 2009 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the value of the residence as of the date of the order for relief is less than the applicable maximum amount of noncontingent, liquidated, secured debts; or (2) debts secured or formerly secured by the debtor's principal residence that was either sold in foreclosure or surrendered to the creditor, if the property's value as of the date of the order for relief was also less than the applicable maximum amount of noncontingent, liquidated, secured debts. Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on it. Requires the court to disallow a claim that is subject to any remedy for rescission under the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment. Authorizes reduction of a claim secured by the debtor's principal residence, but only in specified circumstances, particularly if the debtor sells the residence. Permits a Chapter 13 bankruptcy plan to: (1) modify the rights of claim holders with respect to a claim for a loan originated before the effective date of this Act and secured by a security interest in the debtor's principal residence that is the subject of a foreclosure notice; and (2) deny debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of the claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith and the court does not find that the debtor has been convicted of obtaining by actual fraud the extension, renewal, or refinancing of credit that gives rise to a modified claim. Excludes from the final discharge of a debtor from all debts any unpaid portion of such a claim as reduced. Amends the federal judicial code to prescribe standing trustee fees regarding certain payments received under a Chapter 13 bankruptcy plan. Expands federal procedures governing default on veterans' housing loans. Authorizes the Secretary of Veterans Affairs, in the event of a modification in bankruptcy, to pay the holder of the obligation the unpaid balance due as of the date of the filing of the bankruptcy petition, plus accrued interest, but only upon assignment, transfer, and delivery of all rights, interest, claims, evidence, and records regarding the loan. Amends the National Housing Act to authorize the Secretary of Housing and Urban Development (HUD) to: (1) pay Federal Housing Administration (FHA) mortgage insurance benefits for a mortgage modified under federal bankruptcy law; and (2) implement a program solely to encourage loan modifications for eligible delinquent mortgages through the payment of insurance benefits and assignment of the mortgage to the Secretary and the subsequent modification of the terms of the mortgage according to a loan modification approved by the mortgagee. Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to pay: (1) the guaranteed portion of any losses incurred by the holder of a note or the loan servicer resulting from a modification in a bankruptcy proceeding; and (2) for losses incurred by holders or servicers in the event of a modification pursuant to a bankruptcy proceeding. Declares unenforceable as contrary to public policy certain investment contracts between servicers and securitization vehicles or investors that require excess bankruptcy losses that exceed a certain dollar amount on residential mortgages. Shields servicers from liability for implementing mortgage loan modifications or loss mitigation plans if they are in compliance with fiduciary duties mandated by the Truth in Lending Act. Amends the National Housing Act to modify the HOPE for Homeowners Program (HOPE) to: (1) require mortgagor certification to HUD that the mortgagor has neither intentionally defaulted on an existing mortgage, nor provided false information; (2) ban from HOPE those mortgagors whose net worth exceeds $1 million; (3) authorize HUD to establish a payment to the loan servicer of the existing senior mortgage for every loan insured under HOPE that does not exceed $1,000; (4) direct HUD to establish, if feasible, an auction to refinance eligible mortgages on a wholesale or bulk basis; and (5) reduce Troubled Asset Relief Program (TARP) funds to offset costs of program changes. Sets limitations upon participation in origination and mortgagee approval. Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act (FCUA) to: (1) increase deposit insurance coverage permanently to $250,000; and (2) increase the borrowing authority of the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA). Amends the FDIA to: (1) extend to eight years the time period applicable to a Deposit Insurance Fund (DIF) restoration plan; and (2) revise requirements for special assessments to recover the loss to the DIF arising from actions taken to contain systemic risk with respect to certain insured depository institutions. Amends the FCUA to direct the NCUA Board to establish a National Credit Union Share Insurance Fund Restoration Plan whenever the Board projects that the equity ratio of the National Credit Union Share Insurance Fund will fall below a minimum designated equity ratio.
United States · United States Congress · 23 February 2009
Save Our Small and Seasonal Businesses Act of 2009 - Amends the Immigration and Nationality Act to exempt certain returning H-2B aliens (temporary nonagricultural worker) from annual numerical limitations.
United States · United States Congress · 23 February 2009
Amends the Internal Revenue Code to: (1) increase the allowable amount of the railroad track maintenance tax credit; (2) revise the types of expenditures eligible for such credit; and (3) extend such credit through 2012.
United States · United States Congress · 13 February 2009
Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a PROMISE Advisory Panel to assist the Office of Juvenile Justice and Delinquency Prevention in: (1) assessing and developing standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity; and (2) collecting data in designated geographic areas to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to local governments and Indian tribes to: (1) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth; and (2) implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with current research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention and intervention. Directs the Administrator to award grants to: (1) allow institutions of higher education to serve as regional research partners with PCCs; and (2) hire and train law enforcement officers as youth-oriented police to work with PCCs, other community-based organizations, and high-risk youth. Establishes a Center for Youth-Oriented Policing. Mynisha's Law - Authorizes any local government or Indian Tribe with a PCC to submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention for designation as a Comprehensive Gang Prevention and Relief Area. Authorizes the Attorney General to award grants to partnerships comprising state mental health authorities and local or private entities to prevent or alleviate the effects of youth violence in urban communities with a high or increasing incidence of such violence. Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 or the PRECAUTION Act - Establishes the National Commission on Public Safety Through Crime and Delinquency Prevention to: (1) carry out a comprehensive study of the effectiveness of certain crime and delinquency prevention and intervention strategies: and (2) make initial and final reports on such strategies to specified federal and state officials. Authorizes the Director of the National Institute of Justice to make three-year grants to public and private entities for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants for the creation and expansion of state, local, and tribal juvenile witness and victim protection grants.
United States · United States Congress · 13 February 2009
Student Privacy Protection Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise provisions for military recruiter access to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to consent to a release of the student's name, address, and telephone listing to military recruiters, and to give the parent the opportunity to provide such consent in writing. Requires such LEAs to provide military recruiters, upon their request, with access to such information on a student only if the student's parent has given such written consent.
![Official portrait of Rep. Delahunt, William D. [D-MA-10]](https://www.congress.gov/img/member/d000210_200.jpg)