United States · United States Congress · 25 March 2009
Community Living Assistance Services and Supports Act or the CLASS Act - Amends the Public Health Service Act to create a national, voluntary disability insurance program (CLASS program) under which: (1) all employees are automatically enrolled, but are allowed to waive enrollment; (2) payroll deductions pay monthly premiums; and (3) two-tiered benefits are provided, based on the level of disability, to purchase nonmedical services and supports that the beneficiary needs to maintain independence. Establishes the Independence Fund within the Treasury. Requires the CLASS program to be treated for tax purposes in the same manner as a qualified long-term care insurance contract. Amends the Social Security Act to require each state to: (1) assess the extent to which personal care services providers are serving or able to serve as fiscal agents, employers, and providers of employment-related benefits for personal care attendant workers, who provide personal care services to individuals receiving benefits under this Act; (2) designate or create entities to serve such purposes; and (3) ensure that such entities will not negatively alter or impede existing programs, models, methods, or administration of service delivery that provide for consumer controlled or self-directed home and community services, impede the ability of individuals to direct and control their home and community services, or inhibit individuals from relying on family members for such services. Requires the Secretary of Health and Human Services to establish a Personal Care Attendants Workforce Advisory Panel to examine and advise the Secretary and Congress on workforce issues related to personal care attendant workers. Amends the Internal Revenue Code to allow: (1) a deduction for premiums paid for the CLASS program; (2) a credit CLASS program enrollees with low income; and (3) a credit for employers for the cost incurred to automatically enroll employees and withhold monthly premiums.
United States · United States Congress · 25 March 2009
Protecting Consumer Access to Generic Drugs Act of 2009 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than: (1) the right to market the generic drug before the expiration of the patent or other exclusivity period; or (2) the waiver of a patent infringement claim for damages. Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers. Amends the Federal Food, Drug, and Cosmetic Act to provide that a generic drug applicant forfeits market exclusivity for failing to market the drug 75 days after: (1) a court dismisses a declaratory judgment action for lack of subject matter jurisdiction; or (2) the applicant files with the Secretary of Health and Human Services a covenant that the patent owner will not sue the applicant for patent infringement. Deems an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.
United States · United States Congress · 25 March 2009
Patient Access to Critical Lab Tests Act - Expresses the sense of Congress that: (1) where practical, Medicare regulations and policies should be written to promote development of and access to certain highly specialized laboratory tests; and (2) certain Medicare regulations should be revised to permit laboratories furnishing such tests to bill for and be paid directly by Medicare for furnishing them. Declares that, whenever a laboratory performs a covered complex diagnostic laboratory test, with respect to a specimen collected from an individual during a period in which the individual is a hospital patient, if the test is performed after such period, the Secretary of Health and Human Services shall treat such test, for purposes of making direct payment to the laboratory, as if the specimen had been collected by the laboratory directly. Defines "covered complex diagnostic laboratory test" as: (1) an analysis of DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, chromosomal changes, biochemical changes, cell response, or gene expression or is a cancer chemotherapy sensitivity assay, with certain exceptions; (2) a diagnostic X-ray or other diagnostic test; (3) one developed and performed by a laboratory independent of the hospital in which the specimen involved was collected, and not under any arrangements with such hospital; and (4) one not furnished by such hospital, directly or under any arrangements made by it.
United States · United States Congress · 25 March 2009
Ending the Medicare Disability Waiting Period Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) phase out the waiting period for disabled individuals to become eligible for benefits under SSA title XVIII (Medicare); and (2) eliminate the waiting period for individuals with life-threatening conditions to become eligible for such benefits. Directs the Secretary of Health and Human Services to request the Institute of Medicine of the National Academy of Sciences to study the range of disability conditions that can be delayed or prevented if individuals receive access to health care services and coverage before a condition reaches disability levels.
United States · United States Congress · 24 March 2009
Breast Cancer Patient Protect Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay. Requires such a plan or issuer to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that coverage is provided for secondary consultations. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance issuers offering coverage in the individual market. Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed.
United States · United States Congress · 24 March 2009
Carbon Capture and Storage Early Deployment Act - Authorizes qualified industry organizations to conduct a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation to establish a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods through the provision of grants, contracts, and financial assistance. Requires the Corporation: (1) to be established upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, unless opposed by 40% state regulatory authorities; and (2) to operate as a division or affiliate of the Electric Power Research Institute . Requires the Corporation, annually, to collect an assessment on such distribution utilities that shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity. Sets initial rates of assessment for coal, natural gas, and oil. Authorizes the Corporation to adjust the assessments to reflect changes in the expected quantities of such electricity from different fuel types such that the assessments generate between $1.0 billion and $1.1 billion annually. Sets forth provisions concerning an assessment within the Electric Reliability Council of Texas. Authorizes the Corporation to collect assessments and conduct operations for 10 years. Dissolves the Corporation after 15 years. Requires the Corporation's Board to establish policies regarding the ownership of intellectual property developed as a result of Corporation support that encourage individual ingenuity and invention. Requires the Secretary of Energy to: (1) issue a rule for determining the level and type of fossil fuel electricity delivered to retail customers by each distribution utility; and (2) make and publish such determinations annually. Provides for recovery of a distribution facility's costs of complying with this Act. Establishes the Technical Advisory Committee to provide independent assessments and technical evaluations concerning Corporation activities.
United States · United States Congress · 23 March 2009
Community Choice Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals. Outlines requirements for: (1) an enhanced federal medical assistance percentage (FMAP) for ongoing activities of early coverage states that enhance and promote the use of community-based attendant services and supports; and (2) increased federal financial participation for certain expenditures incurred by the state for the provision of such services and supports. Directs the Secretary of Health and Human Services to: (1) award grants to eligible states which have established a Consumer Task Force to assist the state in its development of real choice systems change initiatives; and (2) conduct a demonstration project for the purpose of evaluating service coordination and cost-sharing approaches with respect to the provision of community-based services and supports to dually eligible individuals.
United States · United States Congress · 19 March 2009
Children's Health Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from imposing any preexisting condition exclusion for individuals who have not attained 25 years of age. Applies such requirement to coverage offered in the individual market.
United States · United States Congress · 19 March 2009
Equity and Access for Podiatric Physicians Under Medicaid Act- Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 19 March 2009
Early Treatment for HIV Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to give states the option of providing Medicaid coverage for certain low-income HIV-infected individuals. Provides states taking advantage of this option with an enhanced federal Medicaid match.
United States · United States Congress · 19 March 2009
Safe Highways and Infrastructure Preservation Act - Prohibits a state from prescribing or enforcing any regulation that allows a restricted property-carrying unit (any trailer, semitrailer, container, or other property-carrying unit longer than 53 feet, except for a fire-fighting unit) to operate on the National Highway System (NHS) (including the Interstate System), unless the operation of such unit is authorized by the state on June 1, 2008, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before that date. Prohibits a state from allowing the operation of a commercial motor vehicle combination on the NHS (except a vehicle or load that cannot be dismantled or divided easily, and that has been issued a special permit under state law) with more than one property-carrying unit (excluding the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by state law on June 1, 2008; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continual seasonal operation) in such state on or before June 1, 2008. Prohibits a state from allowing the operation of a vehicle or combination (other than a longer combination vehicle) exceeding Interstate weight limits on the Interstate System unless its operation was lawful: (1) on July 1, 1956; (2) in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974; or (3) under a special permit pursuant to state (grandfather) law. Declares that Interstate weight limitations on vehicles and combinations (other than longer combination vehicles) that operate on the Interstate System shall also apply to such vehicles and combinations that operate on non-Interstate segments of the NHS, unless: (1) such segments are subject to lower state weight limits; or (2) a state allows the operation of any vehicle or combination on an existing non-Interstate segment of the NHS that could be so operated lawfully on June 1, 2008.
United States · United States Congress · 18 March 2009
Revises TRICARE (a Department of Defense [DOD] managed health care program) to authorize treatment of autism spectrum disorders, if a health care professional determines that such treatment is medically necessary.
United States · United States Congress · 18 March 2009
Expresses support for efforts to: (1) lower the rate of infant mortality in the United States; and (2) correct the racial disparities in prenatal care to lower that rate.
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
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 · 17 March 2009
Affirmation of the United States Record on the Armenian Genocide Resolution - Calls upon the President: (1) to ensure that U.S. foreign policy reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the U.S. record relating to the Armenian Genocide and the consequences of the failure to realize a just resolution; and (2) in the President's annual message commemorating the Armenian Genocide, to characterize the systematic and deliberate annihilation of 1.5 million Armenians as genocide and to recall the proud history of U.S. intervention in opposition to the Armenian Genocide.
United States · United States Congress · 16 March 2009
Cell Tax Fairness Act of 2009 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate.
United States · United States Congress · 12 March 2009
Multinational Species Conservation Funds Semipostal Stamp Act of 2009 - Requires the United States Postal Service to issue and sell, at a premium, a Multinational Species Conservation Funds Semipostal Stamp. Requires proceeds from the sale of such stamp to be: (1) transferred to the United States Fish and Wildlife Service (USFWS) to help fund the operations supported by the Multinational Species Conservation Funds; and (2) divided equally among the African Elephant Conservation Fund, the Asian Elephant Conservation Fund, the Great Ape Conservation Fund, the Marine Turtle Conservation Fund, and the Rhinoceros and Tiger Conservation Fund. Prohibits such proceeds from being taken into account in any decision relating to the level of appropriations or other federal funding to be furnished to the USFWS or such Funds. Requires the stamp to: (1) be made available to the public for at least five years; and (2) depict images of flagship multinational species.
United States · United States Congress · 12 March 2009
Servicemembers Access to Justice Act of 2009 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA. Defines "successor in interest" for USERRA purposes. Prohibits wage discrimination against members covered under USERRA. Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Amends the Federal Property and Administrative Services Act of 1949 to require federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.
United States · United States Congress · 12 March 2009
Firefighter Fatality Reduction Act of 2009 - Directs the Secretary of Homeland Security to conduct a survey of, and report to Congress on, the compliance of fire departments in the United States with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. Requires the Secretary to establish a Task Force to Enhance Firefighter Safety to: (1) consult with the Secretary to conduct such survey; and (2) develop a plan to enhance firefighter safety by increasing compliance with such standards, including by reviewing and evaluating the report to determine the extent of and barriers to achieving compliance and by considering ways the federal government, states, and localities can promote, encourage, or require compliance.
United States · United States Congress · 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 · 11 March 2009
Medicare Oral Health Rehabilitative Enhancement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to permit physical therapy to be furnished under the Medicare program to individuals under the care of a dentist.
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
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 · 6 March 2009
Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.
United States · United States Congress · 5 March 2009
Medical Device Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 5 March 2009
Child Nutrition Promotion and School Lunch Protection Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish science-based nutrition standards for foods served in schools other than foods served under the school lunch or breakfast programs. Applies such standards to all food sold outside such programs anywhere on school campuses during the extended school day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary to: (1) consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health when establishing the standards; and (2) review the standards as soon as practicable after the Department of Agriculture and the Department of Health and Human Services publish a new edition of the Dietary Guidelines for Americans.
United States · United States Congress · 5 March 2009
Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan that covers surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a congenital or developmental deformity, disease, or injury of a minor child (defined as child under the age of 22). Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
United States · United States Congress · 5 March 2009
Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Emergency Retiree Health Benefits Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add a program for emergency retiree health benefit protections. Prohibits group health plans from reducing retiree health benefits after the retirement of a plan beneficiary. Requires such plans to adopt provisions barring post-retirement reductions in retiree health benefits. Requires group health plan sponsors to grant retired plan participants the option of benefit restoration. Authorizes the Secretary of Labor to waive or vary requirements for benefit restoration if compliance with such requirements would: (1) be adverse to the interests of plan participants in the aggregate; (2) not be administratively feasible; and (3) cause substantial business hardship to plan sponsors. Establishes the Emergency Retiree Health Loan Guarantee Program. Authorizes the Program to guarantee loans provided by private financial institutions to assist plan sponsors in meeting benefit restoration obligations under this Act. Terminates loan guarantee authority after 2015. Authorizes the Secretary to assess civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide that the value of certain funeral and burial arrangements involving an irrevocable trust whose named beneficiary is the funeral provider are not to be considered, under the SSI program, as resources available to the individual.
United States · United States Congress · 5 March 2009
Recognizes the accomplishments and example of Cesar E. Chavez, founder and president of the United Farm Workers of America. Calls for: (1) establishment of a legal public holiday in his honor; and (2) public elementary and secondary schools to provide classroom instruction on his life and work.
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
Perpetual Purple Heart Stamp Act - Directs the Postmaster General to provide for the issuance of a forever stamp (a stamp that meets first-class postage requirements even if postage rates increase) to honor the sacrifices of the men and women of the Armed Forces who have been awarded the Purple Heart.
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
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA), including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Directs the Secretary to establish the Center for Tobacco Products to implement this Act. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Authorizes the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if appropriate for the protection of the public health. Sets forth limits on such regulations, including prohibiting establishment of a minimum age greater than 18 for product purchases. Prohibits: (1) cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee; or (2) a tobacco product manufacturer from using tobacco that contains a greater level of pesticide chemical residue than is specified by any tolerance applicable to domestically grown tobacco. Requires the Secretary to establish tobacco product standards to protect the public health. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all other cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of the nicotine yields of a tobacco product to zero. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Revises tobacco product warning labels and advertising requirements. Thrift Savings Plan Enhancement Act of 2009 - Amends provisions related to the Thrift Savings Plan (TSP), including to provide for: (1) automatic enrollment of new employees; and (2) a Roth contribution program.
United States · United States Congress · 2 March 2009
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Arnold Palmer (golf professional) in recognition of his service to the nation in promoting excellence and good sportsmanship.
United States · United States Congress · 2 March 2009
Proclaims Casimir Pulaski, a Polish military officer who fought on the side of the American colonists against the British in the American Revolutionary War, as an honorary U.S. citizen, posthumously.
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
Arthritis Prevention, Control, and Cure Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program that may include: (1) research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases; (2) additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC); (3) national education and outreach activities for arthritis and other rheumatic diseases; (4) emphasis on prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (5) grants to states or Indian tribes for comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. Authorizes the Secretary, acting through the Director of CDC, to: (1) provide for the collection, analysis, and reporting of data on juvenile arthritis; and (2) support the development of a national juvenile arthritis population-based database. Requires the Secretary to support activities that provide for: (1) an increase in institutional training grants to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to promote education training and fellowship opportunities for pediatric rheumatologists. Directs the Secretary to establish and carry out a pediatric rheumatology loan repayment program, as needed.
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
Iran Threat Reduction Act of 2009 - Amends the Iran Freedom Support Act to maintain specified U.S. sanctions with respect to Iran until the President certifies to the appropriate congressional committees that Iran has verifiably dismantled its weapons of mass destruction programs and ceased its support for international terrorism. Amends the Iran Sanctions Act of 1996 to: (1) include transshipment among sanctionable activities; and (2) exclude from the United States an alien who is a senior government official of a foreign government or a corporate principal or significant shareholder of a foreign person involved in proliferation activities relating to Iran. Expands: (1) the scope of sanctionable "persons" to include any business organization and any foreign subsidiary or affiliate; and (2) the definition of "petroleum resources" to include petroleum byproducts, oil or liquefied natural gas or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas. Prohibits, with a discretionary waiver, U.S. importation of Iranian products other than information materials. Subjects an entity to penalties for violations of certain sanctions committed by a subsidiary established by such entity outside of the United States that would be subject to prohibitions if committed inside the United States or by a U.S. person. Authorizes the President to impose sanctions on principal executive officers of sanctioned persons. Amends the Iran, North Korea, and Syria Nonproliferation Act to include within the scope of such Act persons involved in the transshipment of certain goods, services, or technology. Prohibits service module payments to the Russian Aviation and Space Agency. Sets forth provisions regarding divestment from Iran's energy sector. Amends the Internal Revenue Code to: (1) deny a foreign tax credit to a taxpayer engaged in business activity with Iran that is prohibited by U.S. law; and (2) set forth income tax provisions respecting a foreign corporation engaged in business activity with Iran that is prohibited by U.S. law. Establishes the Compensation for Former United States Hostages in Iran Fund. Identifies claims to be paid. Establishes restrictions on nuclear cooperation with a country that is assisting the nuclear program of, or transferring advanced conventional weapons or missiles to, Iran.
United States · United States Congress · 25 February 2009
Fire Sprinkler Incentive Act of 2009 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. Makes this Act applicable to property placed in service after April 11, 2003.
United States · United States Congress · 25 February 2009
Federal and Military Retiree Health Care Equity Act - Amends the Internal Revenue Code to permit: (1) federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 25 February 2009
Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.
United States · United States Congress · 24 February 2009
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
Laboratory Surge Capacity Preparedness Act - Directs the Secretary of Homeland Security to award grants to regional biocontainment laboratories for maintaining surge capacity that can be used to respond to acts of bioterrorism or outbreaks of infectious diseases. Authorizes the Secretary to award such a grant only if the laboratory agrees to allow the Secretary and other relevant federal agencies to inspect laboratory facilities. Requires the Secretary to report to Congress on: (1) activities undertaken to integrate the network of regional biocontainment laboratories with the laboratory response network of the Centers for Disease Control and Prevention (CDC); and (2) the extent to which additional Biosafety Level 3 laboratories are needed to fulfill the nation's laboratory surge capacity needs.
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.