United States · United States Congress · 2 April 2009
America's Red Rock Wilderness Act of 2009 - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin; (2) Zion and Mojave Desert; (3) the Grand Staircase-Escalante; (4) Moab-La Sal Canyons; (5) Henry Mountains; (6) Glen Canyon; (7) San Juan-Anasazi; (8) Canyonlands Basin; (9) San Rafael Swell; and (10) Book Cliffs and Uinta Basin. Sets forth administrative provisions regarding: (1) filing by the Secretary of the Interior of a map and a legal description of each designated wilderness area with appropriate congressional committees; (2) the exchange of state-owned lands within such areas; (3) federal reservation of water rights; (4) measurement of setbacks for roads with wilderness; (5) authorized livestock grazing; and (6) withdrawal of such lands from disposition under certain public land laws.
United States · United States Congress · 2 April 2009
Amends the Military Construction Act, 1974 to repeal the prohibition against use of the former bombardment area on the island of Culebra (Puerto Rico) for any purpose that would require decontamination of the area at U.S. expense.
United States · United States Congress · 2 April 2009
Patriot Corporations of America Act of 2009 - Grants after 2009 a preference to Patriot corporations in the evaluation of bids or proposals for federal contracts. Defines " Patriot corporation" as a corporation which: (1) produces at least 90% of its goods and services in the United States; (2) does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee; (3) conducts at least 50% of its research and development in the United States; (4) contributes at least 5% of its payroll to a portable pension fund for its employees; (5) pays at least 70% of its employees' health insurance costs; (6) maintains a policy of neutrality in employee organizing drives; (7) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty; and (8) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections. Amends the Internal Revenue Code to: (1) reduce the income tax rate for Patriot corporations; (2) reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes; and (3) increase, for the period between January 1, 2009, and December 31, 2010, the income tax rate for individual taxpayers with adjusted gross incomes of $500,000 or more ($1 million or more for joint returns).
United States · United States Congress · 2 April 2009
Congratulates the boys' basketball team at Eisenhower High School in Rialto, California, for winning the California Interscholastic Federation Division 2 title.
United States · United States Congress · 1 April 2009
Supports the goals and ideals of the Day of Silence (during which students vow to remain silent to bring attention to the harassment and discrimination faced by lesbian, gay, bisexual, and transgender people in schools). Encourages each state, city, and local education authority to adopt laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students, teachers, and other school staff regardless of their sexual orientation and gender identity or gender expression.
United States · United States Congress · 31 March 2009
Conservation Easement Incentive Act of 2009 - Amends the Internal Revenue Code to make permanent the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes.
United States · United States Congress · 31 March 2009
Fair Elections Now Act - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to: (1) eligibility and qualifying contribution requirements and benefits of fair elections financing of House of Representatives election campaigns; (2) establishment of a Fair Elections Fund; (3) eligibility for Fund allocations; (4) contribution and expenditure requirements; (5) a public debate requirement; (6) certification of whether or not a federal election candidate is a participating candidate; (7) benefits for participating candidates; (8) matching payments for qualified small dollar contributions; (9) political advertising vouchers; (10) establishment of a Fair Elections Oversight Board; (11) civil penalties for violation of contribution and expenditure requirements; (12) prohibition of joint fundraising committees with any political committee other than a candidate's authorized committee; and (13) a specified limitation on coordinated expenditures by political party committees with participating candidates. Amends the Communications Act of 1934 to require the deposit into the Fair Elections Fund of 10% of the proceeds from competitive auctions for recovered analog spectrum. Amends the Internal Revenue Code to allow for designation of a certain amount of income tax liability to the Fair Elections Fund. Amends the Communications Act of 1934 to: (1) prohibit the preemption of the use of a broadcasting station by a legally qualified House candidate who has purchased and paid for such use; (2) revise Federal Communications Commission (FCC) authority to revoke licenses for broadcasting stations who fail to provide access to House candidates; and (3) revise the formula for determining reduced broadcast rates for participating candidates in certain circumstances. Directs the FCC to initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations to record and report the purchase of advertising time by or on behalf of a candidate for nomination for election, or for election, to federal elective office. Amends FECA to: (1) empower the Federal Election Commission (FEC) to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action; (2) require all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC, and in computer-accessible electronic form; and (3) reduce from 48 to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet.
United States · United States Congress · 31 March 2009
Freight Rail Infrastructure Capacity Expansion Act of 2009 - Amends the Internal Revenue Code to allow: (1) a tax credit for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; and (2) a taxpayer election to expense the cost of qualified freight rail infrastructure property (i.e., deduct all costs in the current taxable year). Terminates such credit and expensing election after 2015. Requires compliance with federal wage rate requirements under the Davis-Bacon Act as a condition of eligibility for the tax credit and expensing allowance provided by this Act.
United States · United States Congress · 31 March 2009
Honors the life, legacy, and memory of Pedro Pablo Zamora y Diaz, an educator and activist and a pioneer in the battle against the HIV/AIDS epidemic. Expresses support for educators and activitists who adhere to a comprehensive sex education agenda that is rooted in empirical and scientific evidence, that is culturally competent, and that promotes the tolerance of sexual orientation and the destigmatization of HIV/AIDS. Expresses the House of Representatives' commitment to: (1) supporting prevention and treatment facilities and programs in areas that have high rates of HIV/AIDS infections and high uninsured rates; (2) supporting programs that address the disproportionate effect of HIV/AIDS on communities of color; and (3) investing in programs and initiatives that are dedicated to providing Lesbian, Gay, Bisexual, and Transgender persons with the necessary support, resources, and tools to ensure that their civil rights, dignity, and health are protected.
United States · United States Congress · 30 March 2009
National Security Letters Reform Act of 2009 - Prohibits a national security letter (letter) (a request for information sought by the Federal Bureau of Investigation (FBI) in connection with a criminal investigation) from being issued unless the issuing official certifies specific facts providing reason to believe that the information or records sought pertain to a foreign power or agent thereof. Prohibits a letter from being issued in connection with an investigation of a U.S. person solely upon the basis of activities protected by the First Amendment to the Constitution. Prohibits: (1) a letter from containing unreasonable requirements or requiring privileged matter; or (2) disclosing to a person that the FBI has sought or obtained access to information under a letter for 30 days after receipt of the FBI's request for such information. Authorizes judicial review for the modification or revocation of a letter. Provides limited uses of information acquired through a letter. Allows persons against whom evidence obtained from a letter is to be used to file a motion to suppress. Provides a civil cause of action for the misuse of letters. Requires the authority to issue letters to revert, five years after the enactment of this Act, to that provided by law on October 25, 2001. Requires the Attorney General to: (1) undertake minimization and destruction procedures with respect to information acquired through letters; and (2) report semiannually on the number and use of letters. Requires the disposal of wrongly acquired information. Revises requirements relating to claims of emergency in connection with certain letters.
United States · United States Congress · 30 March 2009
Commends public servants for their outstanding contributions to the nation during Public Service Recognition Week and throughout the year. Honors government employees who have given their lives in service to their country. Encourages efforts to promote public service careers.
United States · United States Congress · 26 March 2009
American Dream Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence. Authorizes the Secretary of Homeland Security to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of this Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; and (4) at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma. Sets forth the conditions for conditional permanent resident status. Authorizes an alien who has satisfied the appropriate requirements prior to enactment of this Act to petition the Secretary for conditional permanent resident status. Sets forth requirements respecting: (1) exclusive jurisdiction; (2) confidentiality; (3) fee prohibitions; (4) higher education assistance; and (5) a Government Accountability Office (GAO) report respecting the number of aliens adjusted under this Act.
United States · United States Congress · 26 March 2009
Breast Cancer Education and Awareness Requires Learning Young Act of 2009 or EARLY Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct a national evidence-based education campaign: (1) to increase public awareness regarding the threats posed by breast cancer to young women, including the particular risks faced by certain ethnic and cultural groups; and (2) focusing on awareness of risk factors and achieving early detection through community-centered informational forums, public service advertisements, and media campaigns. Directs the Secretary to award grants to entities to establish national multimedia campaigns that: (1) will encourage young women to be aware of their personal risk factors, strategies for increasing early detection and self awareness, evidence based preventative lifestyle changes, and other appropriate breast cancer early detection and risk reduction strategies; (2) will encourage young women of specific higher-risk populations to talk to their medical practitioners about those risks and methods for appropriate screening and surveillance; and (3) may include advertising through specified media. Requires the Secretary, acting through the Director, to: (1) establish an advisory committee to assist in creating and conducting the public education campaign; (2) conduct an education campaign to increase awareness among health care professionals; and (3) conduct prevention research. Directs the Secretary to award grants to organizations and institutions to provide to young women diagnosed with breast cancer substantive assistance and health information from credible sources on: (1) education and counseling regarding fertility preservation; (2) social, emotional, psychosocial, financial, lifestyle, and caregiver support; (3) familial risk factors; and (4) risk reduction strategies to reduce recurrence or metastasis.
United States · United States Congress · 26 March 2009
Mortgage Reform and Anti-Predatory Lending Act - Amends the Truth in Lending Act to specify duty of care standards for originators of residential mortgages. Prohibits steering incentives in connection with origination of mortgage loans. Directs the federal banking agencies to prohibit or condition terms, acts, or practices relating to residential mortgage loans that are abusive, unfair, deceptive, predatory, inconsistent with reasonable underwriting standards, or not in the interest of the borrower. Prescribes minimum standards for residential mortgage loans, including a mandatory net tangible benefit to the consumer for refinancing a residential mortgage loan. Subjects a creditor to civil actions for rescission of a residential mortgage loan in the case of specified abuses. Limits the liability of good faith assignees or securitizers of a residential mortgage loan to loan rescission and certain other obligor costs. Permits a consumer to assert a right to mortgage loan rescission as a defense to foreclosure. Prohibits specified practices, including: (1) certain prepayment penalties; (2) single premium credit insurance; (3) mandatory arbitration (except for reverse mortgages); (4) mortgage loan provisions that waive a statutory cause of action by the consumer; and (5) mortgages with negative amortization. Sets forth certain tenant protections in the case of foreclosure. Increases civil money penalties for certain violations. Exempts a creditor, assignee, or securitizer from liability and rescission in the case of borrower fraud or deception. Requires a six-month notice before a hybrid adjustable rate mortgage is reset. Requires federal banking agencies to prescribe regulations requiring any creditor that makes a residential mortgage loan that is not a qualified mortgage to retain an economic interest in a material portion of the credit risk if the creditor transfers, sells, or conveys such loan that to a third party. Prescribes mandatory disclosures in monthly statements for residential mortgage loans. Directs the Secretary of Housing and Urban Development (HUD) to establish a grants program to provide legal assistance to low- and moderate-income homeowners and tenants regarding home ownership preservation, foreclosure prevention, and tenancy associated with home foreclosure. Prohibits a high-cost mortgage from containing: (1) a scheduled payment that is more than twice as large as the average of earlier scheduled payments (balloon payments); or (2) a provision which authorizes creditor discretion to accelerate the indebtedness. Prohibits a creditor from: (1) lending without due regard of the mortgagor's ability to repay; (2) recommending or encouraging default on an existing loan or other debt before, and in connection with, the actual or planned closing of a high-cost mortgage that refinances all or any portion of such existing loan or debt; (3) taking action in connection with a high-cost mortgage to structure a loan transaction as either an open-end credit plan or another form of loan in order to evade this Act; or (4) engaging in the unfair act or practice of flipping in connection with a high-cost mortgage. Imposes certain limits and conditions on the charging of late payment charges. Establishes pre-loan mortgagor counseling as a prerequisite to a high-cost mortgage. Expand and Preserve Home Ownership Through Counseling Act - Establishes within HUD the Office of Housing Counseling. Amends the Housing and Urban Development Act of 1968 to require the Secretary to: (1) prescribe counseling procedures; and (2) provide financial assistance to state and local governments and nonprofit organizations offering homeownership or rental counseling. Directs the Secretary to study and report to Congress on the root causes of home loan defaults and foreclosures. Amends the Real Estate Settlement Procedures Act of 1974 to: (1) direct the Secretary to prepare a mortgage information booklet to help applicants for federally related mortgage loans understand the nature and costs of real estate settlement services; and (2) set forth specified servicer prohibitions. Amends the Truth in Lending Act to require a creditor, in connection with a consumer credit transaction secured by a first lien on a principal dwelling, to: (1) establish an escrow or impound account in a federally insured depository institution for the payment of taxes, hazard insurance, and other specified required periodic payments; and (2) provide specified disclosures to a consumer who waives the escrow service. Directs the Secretary to study and report to certain congressional committees on the fraud and abuse potential of certain mortgage servicing practices. Specifies property appraisal requirements. Makes unlawful certain unfair and deceptive practices relating to a consumer credit transaction secured by the consumer's principal dwelling. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 with respect to appraisal subcommittee, appraiser independence, and approved appraiser education. Directs the Comptroller General to study possible improvements in the appraisal process. Amends the Equal Credit Opportunity Act to condition the requirement that a creditor furnish a mortgage applicant with a copy of all property appraisal reports upon a specific written request by the applicant.
United States · United States Congress · 25 March 2009
Financial Product Safety Commission Act of 2009 - Establishes the Financial Product Safety Commission to: (1) promulgate consumer financial product safety rules; (2) establish a best practices guide for all providers of consumer financial products; (3) conduct continuing studies and investigations of consumer financial products industry practices; (4) award grants or enter into contracts for the conduct of such studies and investigations; (5) assist public and private organizations or groups of consumer financial product providers, administratively and technically, in the development of safety standards or guidelines that would assist them in complying with any Commission rule; (6) comment on selected agency rulemakings affecting consumer financial products; and (7) establish a consumer financial product customer hotline.
United States · United States Congress · 25 March 2009
National Women's History Museum Act of 2009 - Directs the Administrator of General Services (GSA) to convey to the National Women's History Museum, Inc. (the Museum) the northern part of specified property in the District of Columbia, which the Administrator and the Museum deem appropriate for a museum facility. Grants the Administrator the authority to convey the southern part of such property to the Museum. Requires the Administrator to enter into an agreement with the Museum for the conveyance. Permits separate conveyance of the northern and southern parts. Requires the northern part to be dedicated for use as a site for a national women's history museum for a 99-year period and allows the southern part to be used for any purposes permitted by applicable laws and regulations.
United States · United States Congress · 25 March 2009
Family Leave Insurance Act of 2009 - Directs the Secretary of Labor to establish a Family and Medical Insurance Program, mandatory for certain covered employers. Authorizes the Secretary to: (1) contract with a state to establish a state Family and Medical Insurance Program to provide specified leave benefits, or expand a pre-existing state program; or (2) at a governor's request enter an interagency agreement with the Commissioner of the Social Security Administration to establish a state Family and Medical Insurance Program. Entitles eligible employees to Program benefits that include specified percentages of their daily earnings for 12 workweeks of leave under the Family and Medical Leave Act of 1993 during any 12-month period. Authorizes any employer, with the Secretary's approval, to establish a voluntary plan meeting specified criteria. Specifies prohibited acts by an employer, and penalties for violations. Requires the Director of the Office of Personnel Management (OPM) to establish a Civil Service Family and Medical Leave Insurance Program with the same Program benefits for certain federal agency employees. Establishes the Family and Medical Leave Insurance Fund in the Treasury. Amends the Internal Revenue Code to impose a family and medical leave premium on every individual and every employer to finance a Family and Medical Leave Trust Fund in the Treasury for Program benefits. Exempts from such premium: (1) employers or self-employers with voluntary plans approved by the Secretary as equivalent or better than the Program; and (2) small employers who have elected not to participate in it.
United States · United States Congress · 24 March 2009
Child Care Facilities Financing Act of 2009 - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible entities to deposit into child care capital funds for technical and financial assistance to eligible child care providers to pay the costs of acquisition, construction, or improvement of child care facilities or equipment, or for technical assistance to such providers to help them undertake facilities improvement and expansion.
United States · United States Congress · 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 · 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
Universal Right to Vote by Mail Act of 2009 - Amends the Help America Vote Act of 2002 to prohibit a state from imposing additional conditions or requirements on the eligibility of an individual to cast a vote in federal elections by mail, except to the extent that it imposes a deadline for requesting the ballot and returning it to the appropriate state or local election official.
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
Universal Default Prohibition Act of 2009 - Amends the Truth in Lending Act to prohibit a creditor from: (1) using any adverse information concerning any consumer, including any in a consumer report or any change in the consumer's credit score, as the basis for increasing any annual percentage rate of interest (APR) for a credit card account of the consumer's under an open end consumer credit plan; or (2) removing or increasing any introductory APR for that account, for reasons other than actions or omissions of the consumer directly related to the account. Requires such limitation on the use of adverse information to be clearly and conspicuously described to the consumer by the credit card issuer.
United States · United States Congress · 19 March 2009
Public Lands Service Corps Act of 2009 - Amends the Public Lands Corps Act of 1993 to rename the Public Lands Corps as the Public Lands Service Corps. Permits Corps participants to work in the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other lands and facilities administered by the National Oceanic and Atmospheric Administration (NOAA). Requires the: (1) establishment of offices within the Department of the Interior, Forest Service, and NOAA for the coordination of Corps activities; and (2) designation of a Corps coordinator for each agency within the Departments of the Interior, Agriculture, and Commerce that administers eligible service lands. Requires the Corps to consist of individuals between the ages of 16 and 25 who are enrolled as participants for a period of not more than two years. (Current law does not specify any time period for enrollment.) Requires a recruitment program and training program for Corps members. Describes the types of natural and cultural resources conservation projects that may be carried out by the Corps or any qualified youth or conservation corps on eligible service lands. Sets forth requirements regarding the use of Corps members to provide certain visitor and interpretation services. Authorizes the Secretaries to: (1) establish residential conservation centers; (2) provide temporary housing for the Corps and residential conservation centers; (3) as an appropriate natural and cultural resources conservation project, direct Corps participants to aid in the construction of residential conservation center facilities, including housing; (4) seek the assistance of the Secretary of Energy in identifying and using green building technologies and modular housing designs that may be adapted for such facilities; and (5) recruit mentors for Corps participants. Authorizes individual placements of consulting interns with federal land, coastal, and ocean management agencies to carry out management analysis. Requires the issuance of management guidelines for programs of the Corps.
United States · United States Congress · 19 March 2009
Celebrates the 90th anniversary of U.S.-Polish diplomatic relations. Congratulates the Polish people on their great accomplishments as a democracy. Expresses appreciation for Poland's steadfast partnership with the United States.
United States · United States Congress · 18 March 2009
Segal AmeriCorps Education Award Tax Relief Act of 2009 - Amends the Internal Revenue Code to exclude from gross income for income tax purposes AmeriCorps educational awards awarded under the National and Community Service Act of 1990.
United States · United States Congress · 18 March 2009
Support for the Museum of the History of Polish Jews Act of 2009 - Requires assistance provided by the Bureau of Educational and Cultural Affairs of the Department of State to be made available to assist in the development of the permanent collection of the Museum of the History of Polish Jews in Warsaw, Poland. Authorizes the Secretary of State to provide a specified amount to the Museum to carry out such purposes.
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
Every Student Counts Act - Amends the Elementary and Secondary Education Act of 1965 to require, beginning by the 2010-2011 school year, states, local educational agencies (LEAs), and secondary schools annually to include on the report cards required under title I of the Act: (1) their four-year adjusted cohort graduation rate; (2) their cumulative graduation rate; (3) the number and percentage of students graduating in more than four years with a regular secondary school diploma; (4) the number and percentage of students who have been removed from the adjusted cohort; (5) the number and percentage of students from each previous adjusted cohort who remain in secondary school after four years; and (6) the percentage of secondary school students in each grade, except the graduating grade, prepared to advance to the next grade. Requires such data, except for data on students who remain in secondary school after four years, to be disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged. Directs states, LEAs, and secondary schools in states that lack a statewide longitudinal data system with individual student identifiers to make certain annual interim graduation rate calculations; but prohibits the use of such interim calculations after the 2010-2011 school year. Requires the use of aggregate and disaggregated cumulative graduation rates in determining the success of each secondary school and LEA in making adequate yearly progress (AYP) toward state academic performance standards under the Act. Requires states, LEAs, and schools that have a cumulative graduation rate below 90% overall or for any of the student subgroups, to make specified yearly progress in improving such rate or be deemed as failing to make AYP.
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 · 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 · 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
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 · 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 · 12 March 2009
Puerto Rico Medicare Reimbursement Equity Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise the formula for the Medicare inpatient hospital services payment rate for Puerto Rico hospitals to: (1) reduce the applicable Puerto Rico percentage from 25% to zero; and (2) increase the applicable federal percentage from 75% to 100%.
United States · United States Congress · 12 March 2009
Major Drug Trafficking Prosecution Act of 2009- Requires the Attorney General's prior written approval for a federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams. Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment.
United States · United States Congress · 12 March 2009
Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2009 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B and makes the individual responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.
United States · United States Congress · 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 · 12 March 2009
Puerto Rico Hospitals Medicare DSH Equity Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to prescribe a formula for the calculation of Medicare disproportionate share hospital (DSH) payments for prospective payment system hospitals in Puerto Rico.
United States · United States Congress · 11 March 2009
Adds Parkinson's disease (manifested to a degree of disability of 10% or more) to the list of diseases presumed to have been incurred in or aggravated by military service in Vietnam (and therefore compensable under veterans' disability compensation), notwithstanding that there is no evidence of the disease during the period of service, provided a veteran served between specified dates and was exposed to a herbicide used in military operations during that period.
United States · United States Congress · 10 March 2009
Wartime Treatment Study Act - Establishes the Commission on Wartime Treatment of European Americans to review U.S. government wartime treatment (from September 1, 1939, through December 31, 1948) of European Americans and European Latin Americans. Requires the Commission to review: (1) government actions with respect to European Americans and European Latin Americans pursuant to United States laws and directives, including the Alien Enemies Acts, Presidential Proclamations 2526, 2527, 2655, 2662, 2685, Executive Orders 9066 and 9095, and related directives pursuant to these and other pertinent laws, proclamations, or executive orders; (2) registration requirements, travel and property restrictions, internment, and forced abandonment of property; (3) participation by European Americans in the U.S. Armed Forces; and (4) appropriate remedies, including public education programs and the creation of a comprehensive online database by the National Archives and Records Administration of documents related to the government's wartime treatment of European Americans and European Latin Americans during World War II. Establishes the Commission on Wartime Treatment of Jewish Refugees to review the U.S. government's refusal to allow entry into the United States of Jewish and other refugees fleeing persecution or genocide in Europe. Directs the Commission to include reviews of: (1) the rationale for such refusal, its perceived benefit, and its impact on refugees; and (2) federal refugee policy concerning those fleeing persecution or genocide.
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
Inclusive Home Design Act of 2009 - Requires, with exceptions, newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the following accessibility features for persons with disabilities: (1) accessible entrance; (2) accessible interior doors; (3) accessible environmental controls; and (4) accessible habitable space and an accessible bathroom. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency; and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. district court or state court for violations under this Act; and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.
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
Honors and recognizes the contributions of veterans who served in Vietnam. Encourages the people of the United States to observe "Welcome Home Vietnam Veterans Day" with appropriate ceremonies and activities.
United States · United States Congress · 5 March 2009
Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons. Expresses the sense of Congress that a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) may divest plan assets from, or avoid investing plan assets in, a person that has investments of more than $20 million in Iran's energy sector without breaching his or her fiduciary duties under ERISA, if such determination is based on credible information and in accordance with federal law.
United States · United States Congress · 5 March 2009
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
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.
![Official portrait of Rep. Gutierrez, Luis V. [D-IL-4]](https://www.congress.gov/img/member/g000535_200.jpg)